In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "Company", "iCarry", “Ourselves”, “We” and "Us", refers to Icarry Technologies Private Limited which operates website https://www.icarry.in . “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Indian Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Scope of Services
1. iCarry’s
Logistics partner shall pick up shipments on behalf of iCarry from its clients
locations as communicated during shipment booking.
2. The tracking
number and logistics partner for each shipment would be assigned by an
automated process.
3. Clients shall
take a print out of the shipping label provided for the shipment and display
prominently on the shipment box.
4. The Client will
hand over the shipment to the Logistic partner mentioned on shipping label.
5. The Client will
ensure proper packing in a tamper proof packing of their brand in a manner to prevent
damage in transit.
6. In case of
shipments booked under COD (Cash on Delivery), iCarry’s logistics partner shall
collect Cash from the Consignee and remit/reimburse the amount to ICarry which
then forth would be reimbursed to the client.
See COD details in later section.
7. The Client
on its behalf shall keep iCarry indemnified against all duties, taxes, Octroi,
cess, clearance charges and any other charge/levy by whatsoever name called,
levied on shipments In event of such charges being levied by any government
authority, the same can be claimed from the client against the challan /respite
of the same. Client shall keep iCarry indemnified against any loss, damage,
costs, expenses arising out of any action or proceedings initiated by any
authority (judicial or regulatory of the like) on account of any act/omissions
on its part related to the shipments.
8. The Client
will be solely responsible to comply with all statutory requirements (State and
Central Laws/Statutes) applicable in relation to booking, sale and
transportation of the shipments carried and delivered by the logistics partners
of iCarry in pursuance of this agreement.
9. It is
expressly understood by the parties to the agreement that iCarry is a mere
Service Provider to the Client and not in any other capacity whatsoever it may
be called. It is further agreed to by the parties to the agreement that iCarry
is not performing any activity or job or providing service on behalf of the
client which is tantamount to Seller or Retailer and or Stockiest/Distributor.
The complete activity performed by iCarry under this agreement is based on
specific instructions given by the client as part of the scope defined and from
time to time.
10. iCarry
through its logistics partners shall provide web based (online) tracking
solutions for all shipments.
11. iCarry’s
Logistics partner, at the time of receiving the shipments from client, will use
Air Waybill provided to them by iCarry through its logistics management software. It is agreed
between the parties hereto that at all times for iCarry and its logistics
partner, the Consignor/ Shipper in the Air Waybill shall be the Client who is
shipping the goods and not the Original Shipper or customer of iCarry. It is
clearly understood that iCarry’s liability, if any, and to the extent agreed
herein, shall extend only to CLIENT. The CLIENT shall be fully liable to its
customers and neither iCarry nor any of their logistics partner, shall have any
direct or indirect connection/ relationship or responsibility/obligation to iCarry’s
customers, in any manner whatsoever
12. CLIENT must
ensure 100% security of all shipments which have been picked up from its
customers by iCarry’s logistics partners as per iCarry’s security procedures as
explained and informed to it before executing this agreement. CLIENT confirms
that the CLIENT is fully aware of the items prohibited on iCarry or iCarry’s
logistics partner network for carriage and undertakes that no such prohibited
items of shipment shall be handed over to iCarry’s logistics partners for
carriage by its customers.
OBLIGATIONS OF THE CLIENT
1.
Client shall be responsible for proper; tamper proof and damage
proof packing of the products.
2.
Client shall be ready with the packed order when the courier
person comes to receive the shipment, all pick-ups should be logged before the
cut off time as directed by the ICarry’s team, and no pick up beyond the cutoff
time of the logistics partner shall be possible.
3.
Client should ensure that shipments collected by the designated courier
pickup executive are scanned using the barcode on the shipping label to ensure security
of shipment. If in doubt please keep details of the pickup executive who collected
the shipment such as name and phone number.
4.
Client should strictly only use the automated system for generating the pickup and move the
shipment only on the AWB number generated from the iCarry’s website.
5.
Client
should properly paste and insert the invoice, in and on the package.
6.
This service is only for registered pickup locations i.e. the shipments
will be picked by the courier
companies from locations which has been registered by the client.
7.
Client undertakes to fully indemnify and hold COURIER COMPANY OR iCarry
harmless (not liable) in case of any breach of security procedures or mistakes committe by the Client(s),
Client’s employees or its vendors.
8.
Reverse pick up of orders should be the responsibility of the
client, in case a reverse pick-up is requested by the Client the same shall be
charged as mentioned in the proposal.
9.
The Client shall not book / handover or allows to be handed over
any Product which is banned, restricted, illegal, prohibited, stolen,
infringing of any third party rights, hazardous or dangerous or in breach of
any tax laws or contains any cash, jewelry (excluding artificial jewelry),
gold, silver, diamond, platinum, precious metals, precious stones, currency,
bullion, letters and financial and security instruments and Service Provider
shall not be liable for the Delivery of any such Products. Without prejudice to
the generality of the aforesaid, an indicative list of the banned or prohibited
Products is given in later section of this agreement. In the event Client hands
over or provides the aforesaid Products to the Service Provider then Service
Provider shall not be responsible and shall not be liable for any loss, damage,
theft or misappropriation of such Products even if Service Provider or Delivery
Personnel has the knowledge of the same and even if such loss, damage, theft or
misappropriation is caused due to any reason attributable to Service Provider
or Delivery Personnel.
10. Client
understands, agrees and acknowledges that iCarry through its logistics partners
is a mere bailee of the Products, cash and is not an insurer of the same. Client
hereby expressly and specifically waives all its rights and claims against iCarry
its logistics partners arising out of or in relation to the principles of insurance.
11. Client should inform iCarry in writing within 5 days if there is any billing dispute and provide any details requested for resolution.
12. Client should pay any negative balance accrued to their account. If unpaid in reasonable amount of time then the account may be marked as defaulter/delinquent and account details will be published online. Further action may be initiated at discretion of iCarry.
13. Proof of Delivery (POD) request must be raised within 5 days of the shipment being marked as Delivered. Beyond 5 days is not possible to obtain POD or it will be on best effort basis only as most couriers do not entertain requests.
TERMS OF PAYMENT (Postpaid Clients at discretion of iCarry):
1.
ICarry shall issue an invoice to the Client at the start of each
calendar month for the Delivery Services that have been rendered in previous
month with the terms of this Agreement.
2.
The Client shall pay to iCarry within Seven (7) days from the date
of submission of the invoice.
3.
It will be the responsibility of the Client to verify the invoices
and inform the Service Provider within 5 (five) days in case of any disputes
regarding the contents of the invoice.
4.
If for any reason the Client defaults in making the payments
against invoices issued by ICarry, then notwithstanding any other rights and
remedies that iCarry may have in contract, at law (including common law) or in
equity, the Client shall pay liquidated damages to Service on the invoiced
amounts that are not paid by the Client on the due date of such payment(s) from
the due date till the date of payment, at rate equivalent to 1% above the State
Bank of India’s prime lending rate (which shall be the rate prevailing on the
due date).
5.
For any claims by the Client like wrong freight being applied,
Cash on Delivery missing, pilferage, in transit damage- the signed copy of the
manifest sheet of the pickup against which the courier company has received the
shipment has to be submitted along with the claim request. Without the signed
manifest the request shall not be considered
valid.
iCarry Wallet
- The iCarryTM Wallet ("Wallet") is a closed loop prepaid payment instrument associated with your account on the Company Site.
- The amount in your wallet will be used to pay for services or fees of Company Site.
- Services could include and are not limited to subscription fees for chosen plans, shipment charges, value added service fees etc.
- No interest will be paid on any balance maintained in the Wallet.
- You need to maintain a minimum balance of ₹1000 (default) to book and send shipments. The minimum balance amount requirement may vary by customer based on the type (national or international), number of shipments per month and other account criteria as set based on proprietary risk profile assessment.
- The amount in wallet will be refunded to your designated bank account within 4-6 weeks of account closure.
Security
It is your responsibility to safe-guard secret information such as this company website password (also used to access iCarryTM Wallet) and financial instrument information such as credit card number and net banking password. The company is not liable for any misuse including financial loss from your account in case of stolen credentials. You will inform the Company immediately in case of knowledge of loss or theft of password.
Payment
The Company may accept payments by cheques, credit cards, debit cards, UPI and net banking facility provides by its payment gateway partners. The payment options may be revised from time to time to increase payment options available to you and/or to improve the payment experience. We reserve the right to take legal action against you – including but not limited to sharing your data with appropriate third parties – in case of fraudulent payments. The Company can take legal action for non payment of dues and is subject to Bangalore jurisdction.
Fees
Fees for usage of Company Site and services will be communicated to you at time of account opening and to your registered email address in case of changes. The current fee structure will also be available for you to see in your account on the Company site. Continued usage of Company Site and services is considered as acceptance of fees.
Penalties
Administrative penalties may be levied on accounts at our discretion for administrative overhead due to and not limited to:
1. Non payment or late payment of dues resulting in delinquent account
2. Excessive tickets where issue is found with customer shipments
3. False or misrepresentation of facts
4. Incorrect data provided while shipment booking or later during disputes
5. Loss or harm to others due to shipment damage
6. Opening of multiple accounts using multiple KYC for fraud including but not limited to COD and/or Weight Discrepancy
7. As deemed appropriate by iCarry based on harm or overhead to iCarry and/or clients and/or partners
RTO
RTO (Return to Origin) shipments are those which could not be delivered to customer and are returned back to the sender. RTO shipments incur RTO fee which is the same as forward shipping charges. For example, if forward shipping charge is Rs.50 and if shipment is returned back (RTO) then a total of Rs.50 + Rs. 50 (total Rs.100) is charged since the shipment has made two journeys.
Cash on Delivery
Cash on Delivery (COD) is an optional service which is chargeable as per your fee schedule. Successfully delivered COD orders will be charged Shipping Fee + COD Fee. Returned COD orders will be charged 2 x Shipping Fee.
The amount collected from successfully delivered COD orders will be remitted to your bank account. By default, COD Remittance is done o T+7 basis (7 days after shipment is delivered) unless opted into Early COD Remittance program (additional fee).
To avail COD please update bank account details in your account (Edit Profile) or send bank account details (account name, account number and IFSC code) from your registered email address to [email protected] . If you want the COD remittance to be settled in your iCarry Wallet instead of bank account then please indicate that in your email.
COD remittance will be temporarily held in case your account is at risk of becoming negative balance.
COD remittance amount will be settled against any pending dues to the company.
COD remittance will be split between bank and wallet in case there is a projected negative balance or balance is expected to fall below the minimum reserve balance for account.
Prohibited Articles
1. Anything which is sent in contravention of any enactment for the time being in force.
2. Any indecent or obscene printing, painting, photograph, lithograph, engraving, book or card, or any other indecent or obscene articles.
3. Any letter, postcard, newspaper, packet or parcel having on it or on the cover thereof, any words, marks or design of an indecent, obscene, seditious, scurrilous threatening, or grossly offensive nature.
4. Any explosive, inflammable, dangerous, filthy, noxious or deleterious substance.
5. Any Living creatures or other thing which is either noxious or likely to injure postal article in course of transmission by post or any officer.
6. Tickets proposal or advertisement or any other matter relating to a lottery except to the lottery organized or authorized by Government.
7. Gold coins or bullion or both of a value exceeding Rs. 20,000/-.
Dangerous Goods
o
Oil-based
paint and thinners (flammable liquids)
o
Industrial solvents
o
Insecticides,
garden chemicals (fertilizers, poisons)
o
Lithium
batteries
o
Magnetized materials
o
Machinery (chain saws, outboard engines containing fuel or that have
contained fuel)
o
Fuel for
camp stoves, lanterns, torches or heating elements
o
Automobile batteries
o
Infectious substances
o
Any
compound, liquid or gas that has toxic characteristics
o
Bleach
o
Flammable
adhesives Arms and ammunitions
o
Dry ice
(Carbon Dioxide, Solid)
Restricted Items
o
Precious
stones, gems and jewellery
o
Uncrossed
(bearer) drafts / cheque, currency and coins
o
Poison
o
Firearms,
explosives and military equipment.
o
Hazardous
and radioactive material
o
Foodstuff
and liquor
o
Any
pornographic material
o
Hazardous
chemical items
More details on Dangerous Goods and Prohibited Articles can be seen here.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL SERVICE PROVIDER, DELIVERY PERSONNEL OR ANY DIRECTOR, OFFICER, EMPLOYEE, AGENT OR CONTRACTOR OF SERVICE PROVIDER BE LIABLE TO THE CLIENT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSSES OR DAMAGES ARISING FROM THE AGREEMENT, UNDER TORT, COMMON LAW OR UNDER PUBLIC POLICY, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS AND BE LIABLE FOR ANY LOSS OF DATA OR ANY INTERRUPTION OF ANY CLIENT PROPERTY DUE TO ANY CAUSE.THE PARTIES AGREE THAT THE FOREGOING REPRESENTS A FAIR ALLOCATION OF RISKS BETWEEN THE PARTIES AND IT IS AN ESSENTIAL ELEMENT FOR PARTIES TO ENTER INTO THIS AGREEMENT.
Account Closure
Account can be closed by submitting an email to us from your registered email address along with your bank account details. Any balance left in your wallet will be credited to your designated bank account within 4-6 weeks. Refund will not include any credits into account that are received due to reward, referrals, discounts, promotions etc. Refund will only be for amount paid via top ups into customer account. All unbilled shipments will have to be billed before account can be closed. An account closure administrative fee of Rs.100 plus GST will be charged. This nominal fee is waived at our discretion.
Termination of Agreements and Refunds Policy
Both the Client and we have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded. Refunds, if any, are at the sole discretion of the Company and are limited to the amount of order under dispute. By default, refunds will be made to same payment instrument used for Service.
Availability
Unless otherwise stated, the services featured on this website are only available within India, or in relation to postings from India. All advertising is intended solely for the Indian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
General
The laws of India govern these terms and conditions. By accessing and using this website you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are advised to re-read this page on a regular basis to ensure awareness of any change in terms and conditions.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. You can also write to us at:
ICARRY TECHNOLOGIES PVT LTD
D-1003 Purva Skywood
Silver County Road, Off Harlur Road
Bangalore – 560068, India