Terms & Conditions

  1. This estimate defines the material to be packed and transported. Accordingly we have estimated the packing material, labour, vehicles, etc required. Any additional packing material, labour, vehicles, time, man hours, and other resources required will be charged extra.
  2. Any mathati, union charges, local loading and unloading charges, etc will be charged extra and needs to be paid by the customer
  3. If the vehicle is detained i.e. after 4 hours of reporting at loading point, during transit, and unloading point for whatever reason additional detention charges of Rs 5000/- per day will be charged.
  4. The price quote is for a maximum of 8 hours work by the labour, truck and any equipment used. Any additional hour will be charged extra at Rs. 1500 per day per person, Rs. 4500 per day per vehicle, and equipment at Rs. 5,000 per day.
  5. All the packing material remains the property of Pack and Port and will be taken back. If the customer likes to purchase any of the material than a cost estimate can be provided on request.
  6. If any packing material like boxes, cases etc is retained by the customer and not unpacked on the day of delivery than a per day usage charge will be applicable as under:

Carton Box Rs. 40 per day per box

Wooden case Rs. 120 per day per case

Fabric sheet Rs. 50 per day per sheet

Plus a return transport charge of Rs. 2000 per trip

TERMS AND CONDITIONS OF RISK COVER

Subject Material Insured: Household Goods, Office goods, Personal Goods, Two Wheelers, Four Wheeler automobile

Mode of Conveyance: Air, Rail, Road, Sea
Description of Packaging: Packed Professionally By Movers and Packers
Basis of Valuation: Declared Value

Warranties Description
1. All risks shall be covered as per ITC B (basic risk cover).

2. Marine Online Certificate to be generated before the start of every transit.

3. “Institute Replacement clause (Used Machine/Item): In the event of loss or damage to any part or parts of an insured machine caused by a peril covered by the Policy, the sum recoverable shall not exceed the cost of replacement or repair of such part or parts plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured, in which case loss, if any, sustained by payment of additional duty shall also be recoverable. Loss to used items/machine shall be valued at the depreciated market value of the machines/item as on the date of loss/Accident”

4. Claims (if any) to be settled in the name of Consignee.

5. Excluding Internal breakdown, Electrical & Mechanical derangement losses.

6. For imported shipments purchased on CIF basis, where the risk is originating from any Indian port, the coverage will be as per ITC (B)

7. Institute Replacement clause: In the event of loss or damage to any part or parts of an insured machine caused by a peril covered by the Policy, the sum recoverable shall not exceed the cost of replacement or repair of such part or parts plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in the amount insured, in which case loss, if any, sustained by payment of additional duty shall also be recoverable.

8. Pair and Set clause: Where any item insured under this policy consists of articles in a pair or set, the Company’s liability shall not exceed the value of any particular part or parts which may be lost or damaged without reference to any special value which such articles may have as part of such pair or set and in any event not more than a proportionate part of the insured value of the pair or set

9. Warranted claims (if any), will be settled on declared value or market depreciated value whichever is less.

10. Warranted that Documents, Passports, Ornaments, Jewellery, Gems, Precious Stone and Alike Items are not covered under the scope of the policy.

11. Warranted that customer to provide separate note for all the High Value Goods equal to or above Rs. 3000/- and should be declared before taking the insurance policy.

12. Warranted that work of art (like paintings, sculpture and statue etc.) are covered up-to INR 25,000/- and in Case of loss/damage, Valuation report of the item from the Competent authority/Invoice will be required for settlement of the claim and should be declared before taking the insurance policy.

13. Warranty that coverage for Two Wheelers and Four Wheelers will be as per ITC B perils and basis of valuation will be market depreciated value. Warranted that maximum value for Four wheelers is restricted to the value covered by the insurance company.

14. No Claim shall be maintainable by the Customer where the loss, damage or expense proximately caused by delay even though the delay be caused by a risk insured against; loss, damage or expense caused by inherent vice or nature of the subject-matter insured; loss, damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/ or fusion or other like reaction or radioactive force or matter; loss, damage or expense war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power; capture, seizure, arrest, restraint or detainment, and the consequences thereof or any attempt thereat. No Claim shall be maintainable where for loss, damage or expense is caused by strikers, locked-out workmen or persons taking part in labour disturbances, riots or civil commotions; and/or resulting from strikes, lock-outs, labour disturbances, riots or civil commotions; or caused by any terrorist or any person acting from a political motive, or caused by deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons.

15. Customers understands and acknowledges that the above mentioned Terms are only the important Clauses and Outline for obtaining and availing of Risk Coverage. The Customer has read through the complete Terms and Conditions and accepts to be bound by the same. In case of any discrepancy between the outline and detailed applicable Terms and conditions, the applicable Terms and Conditions shall prevail.

Reference Clauses
1. Cargo Termination of Storage in Transit Clause – 2004
2. Cargo Termination of transit Clause (Terrorism) – 2004
3. Inland Transit (Rail or Road) A- All Risk – 1994
4. Institute Chemical, Biological, Bio chemical Electromagnetic Weapons and Cyber attack Exclusion Clause – 01/11/2002
5. Institute Cargo Clauses (Air Cargo) – 01/01/1982
6. Institute Radio-Active Contamination Exclusion Clause – 01/11/2002
7. Institute Strike Clauses (Air Cargo) – 01/01/1982
8. Strike, Riots Commotion Clause
9. Subject to Open Policy Clause
10. The intermediate storage cover provided under the policy, notwithstanding anything contained herein to the contrary is extended to include a further period of 10 days whilst the goods are lying in the Third Party Warehouse, beyond the period defined in duration clause against fire and allied perils (as per All India Fire Tariff 2001) and burglary.

Survey & Claim Settlement
In the event of loss or damage which may involve a claim under this insurance policy, immediate notice thereof should be given to insurer. In no case, such intimation shall be later than 7 days from date of delivery of consignment.

The application for survey should be given to:
The insurance company as agreed by the consignor

Claims Payable By
The insurance company as agreed by the consignor

All Risks Coverage

INLAND TRANSIT INSURANCE (RAIL OR ROAD) CLAUSE – A (ALL RISKS)

Scope of Cover
Risks Clause
1. The Company hereby agrees, subject to the terms, exclusions and conditions herein contained, to indemnify loss or damage to the subject-matter insured as specified in Part I of the Schedule, against All Risks of loss or damage to the subject-matter insured as specified in Part I of the Schedule.

Exclusions
1. General exclusion clause
The Company shall not be liable for:
1.1 loss, damage or expense attributable to willful misconduct of the Insured
1.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured;
1.3 loss, damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject matter insured (for the purpose of this clause “packing” shall be deemed to include stowage in container or lift van but only when such stowage is carried out prior to attachment of this insurance or by the Insured or their servants);
1.4 loss, damage or expense proximately caused by delay even though the delay be caused by a risk insured against;
1.5 loss, damage or expense caused by inherent vice or nature of the subject-matter insured;
1.6 loss, damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

2. War exclusion clause
The Company shall not be liable for loss, damage or expense caused by:
2.1 war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power;
2.2 capture, seizure, arrest, restraint or detainment, and the consequences thereof or any attempt thereat; or
2.3 derelict mines, bombs or other derelict weapons of war.

3. Strike exclusion clause
The Company shall not be liable for loss, damage or expense:
3.1 caused by strikers, locked-out workmen or persons taking part in labour disturbances, riots or civil commotions;
3.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions; or
3.3 caused by any terrorist or any person acting from a political motive.

Basis of assessment of claims
1. Basis of assessment shall be:
1.1 For total loss or non-delivery of the entire insured property or the subject-matter insured as specified in Part I of the Schedule, the Sum Insured;
1.2 For partial non-delivery, the proportionate amount of the Sum Insured;
1.3 For shortage: proportionate Sum Insured
1.4 For damage to insured property:
1.4.1 Repairable: Cost of repairs in full subject to Sum Insured being found adequate; otherwise settlement will be in the same proportion as the Sum Insured bears to the full insurable value.
1.4.2 Not Repairable: Proportionate Sum Insured for the item damaged

Policy related Terms and Conditions
1. Duration of Transit
This insurance attaches from the time the subject-matter insured in terms of Part I of the Schedule leaves the warehouse and/or the store at the place named in Part I of the Schedule for the commencement of transit and continues during ordinary course of transit including customary transhipment if any and terminates either

1.1 on delivery to the final warehouse or place of storage at the destination named in Part I of the Schedule, or
1.2 on the expiry of 7 days after arrival of wagon/ vehicle carrying the consignment at the destination town, or
1.3 on expiry of 30 days after arrival of subject-matter insured as specified in Part I of the Schedule at the destination town by air as specified in Part I of the Schedule, whichever shall first occur.

Note :
1. The period of 7 days referred to above shall be reckoned from the midnight of the day:
1.1 For rail transportation: on arrival of railway wagon at the destination railway station; and
1.2 For road transportation: on arrival of vehicle at destination town.
2. The period of 30 days referred to above shall be reckoned from the midnight of the day of arrival of the aircraft at the destination town.

2. Claims – Insurable interest
2.1 In order to recover under this insurance, the Insured must have an insurable interest in the subject-matter insured at the time of loss;
2.2 Subject to (i) above, the Insured shall be entitled tore cover for insured loss occurring during the period covered by this insurance, not with standing that the loss occurred before the contract of insurance was concluded unless the Insured were aware of the loss and the Company were not.

3. Benefit of Insurance
Not to inure
3.1 This insurance shall not inure to the benefit of the carrier or other bailee.

4. Claim Documents
The claim documents which shall be provided in support of a claim are:
4.1 Claim form duly completed;
4.2 Original policy of insurance duly endorsed or issued in favour of the claimant in case of single despatch;
4.3 Relevant AWB/LR/RR (original) to be provided in case of non-delivery, endorsed/ issued in the name of the claimant.
4.4 Copy of correspondence lodging monetary claim with the relevant carrier within time limit prescribed in the respective Acts under a registered letter with acknowledgement due card or acknowledgement by the carrier.
4.5 Non delivery/ partial delivery/ open delivery/ assessment delivery certificates recording details of shortages or partial damage / loss or non-delivery as the case maybe, issued by carriers.
4.6 Copy of Invoice and Packing List.

5. Claim Procedure
It is the duty of the Insured and their Agents in all cases to take such measures as may be reasonable for the purpose of averting or minimising a loss and to ensure that all rights against carriers, Bailees or other Third Parties are properly preserved and exercised. In particular, the Insured or their

Agents/ Consignees must-
5.1 Under no circumstances, give clean receipts to the carriers in respect of packages which are offered to them for delivery in a doubtful condition, except under written protest
5.2 Take examined delivery from the carriers of any packages which are outwardly damaged or appear to have been tampered with and obtain a Certificate of Damage and/ or Shortage from the carriers; take weighment / examined delivery of any packages which are in an outwardly sound condition, but deficient in weight, as compared with the booked weight, and obtain a Certificate of Shortage from carriers, if deficiency in weight is proved; if the carriers should refuse to grant examined delivery, suitable remarks as to the condition of the packages and the contents thereof should be made in the Railway Station Delivery Book or on the negotiable copy of the Consignment Note / Airway Bill in the case of despatches by Road/ Aircraft, respectively.
5.3 Issue notices of claim against the carriers by registered Post Acknowledgement Due

Note:
The Company’s liability shall succeed and not in any way supersede that of the carriers, Bailees or other third parties concerned. Subject to applicable law, rule, regulation or notification in this behalf, the Company hereby reserves the right as provided hereafter: No claim in respect of loss equal to or exceeding twenty thousand rupees in value on the policy shall be admitted for payment or settled by the Company unless the Company has been given a report on the occurrence of the loss and extent of the loss, from a person who holds a license to act as a Surveyor or loss assessor, under the Insurance Act, 1938 and appointed by the Company for the purpose. Provided that nothing hereinabove shall be deemed to take away or abridge the right of the Company to pay or to settle any claim at any amount different from the amount assessed by the Surveyor or loss assessor.

6. Limitation Period
In no case whatsoever shall the Company be liable for any loss or damage after the expiry of 12 months from the happening of the loss or damage unless the claim is the subject of pending action or arbitration; it being expressly agreed and declared that if the Company shall disclaim liability for any claim hereunder and such claim shall not within 12 calendar months from the date of the disclaimer have been made the subject-matter of a suit in a court of law then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.

7. Minimising Losses
7.1 Duty of Insured It is the duty of Insured and their servants and agents in respect of loss recoverable hereunder.
7.1.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss; and
7.1.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised in terms of all applicable laws and the Company will, in addition to any loss recoverable hereunder, reimburse the Insured for any charges properly and reasonably incurred in pursuance of these duties.
7.2 Waiver clause Measures taken by the Insured or the Company with the object of saving, protecting or recovering the subject matter insured as specified in Part I of the Schedule shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

8. Avoidance of Delay
Reasonable despatch clause It is a condition of this insurance that the Insured shall act with reasonable despatch in all circumstances within their control.

Transit Risk Coverage Only

INLAND TRANSIT (RAIL OR ROAD) CLAUSE – B (BASIC RISK)

Scope of Cover
The Company hereby agrees, subject to the terms, exclusions and conditions herein contained to indemnify the risks of physical loss or damage to the insured property as specified in Part I of the Schedule caused by:
1. 1.1 fire;
1.2 lightning; or
1.3 breakage of the bridges.
2. 2.1 collision with or by the carrying vehicle;
2.2 overturning of the carrying vehicle; or
2.3 derailment or accidents of like nature to the carrying railway wagon / vehicle.

Exclusion
1. General exclusion clause
The Company shall not be liable for
1.1 loss, damage or expense attributable to willful misconduct of the Insured;
1.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured;
1.3 loss, damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject matter insured (for the purpose of this clause “packing” shall be deemed to include stowage in container or lift van but only when such stowage is carried out prior to attachment of this insurance or by the Insured or their servants);
1.4 loss, damage or expense proximately caused by delay even though the delay be caused by a risk insured against;
1.5 loss, damage or expense caused by inherent vice or nature of the subject-matter insured;
1.6 loss, damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/ or fusion or other like reaction or radioactive force or matter.

2. War exclusion clause
The Company shall not be liable for loss, damage or expense caused by:
2.1 war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power;
2.2 capture, seizure, arrest, restraint or detainment, and the consequences thereof or any attempt thereat; or
2.3 derelict mines, bombs or other derelict weapons of war.

3. Strike exclusion clause
The Company shall not be liable for loss, damage or expense:
3.1 caused by strikers, locked-out workmen or persons taking part in labour disturbances, riots or civil commotions;
3.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions; or
3.3 caused by any terrorist or any person acting from a political motive;
3.4 caused by deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons.

Basis of assessment
1. Basis of assessment shall be:
1.1 For total loss or non delivery of the entire insured property or the subject-matter insured as specified in Part I of the Schedule, the Sum Insured;
1.2 For partial non-delivery, the proportionate amount of the Sum Insured;
1.3 For shortage: proportionate Sum Insured
1.4 For damage to insured property.
1.4.1 Repairable: Cost of repairs in full subject to Sum Insured being found adequate; otherwise settlement will be in the same proportion as the Sum Insured bears to the full insurable value.
1.4.2 Not Repairable: Proportionate Sum Insured for the item damaged.

Policy related Terms and Conditions
1. Duration of Transit
This insurance attaches from the time the subject-matter insured in terms of Part I of the Schedule leaves the warehouse and/or the store at the place named in Part I of the Schedule for the commencement of transit and continues during ordinary course of transit including customary transhipment if any and terminates either
1.1 on delivery to the final warehouse or place of storage at the destination named in Part I of the Schedule, or
1.2 on the expiry of 7 days after arrival of wagon/ vehicle carrying the consignment at the destination town, or
1.3 on expiry of 30 days after arrival of subject-matter insured as specified in Part I of the Schedule at the destination town by air as specified in Part I of the Schedule, whichever shall first occur.

Note :
1. The period of 7 days referred to above shall be reckoned from the midnight of the day:
1.1 For rail transportation: on arrival of railway wagon at the destination railway station; and
1.2 For road transportation: on arrival of vehicle at destination town.
2. The period of 30 days referred to above shall be reckoned from the midnight of the day of arrival of the aircraft at the destination town.

2. Claims – Insurable interest
2.1 In order to recover under this insurance, the Insured must have an insurable interest in the subject-matter insured at the time of loss;
2.2 Subject to (i) above, the Insured shall be entitled to recover for insured loss occurring during the period covered by this insurance, not with standing that the loss occurred before the contract of insurance was concluded unless the Insured were aware of the loss and the Company were not.

3. Benefit of Insurance
Not to inure This insurance shall not inure to the benefit of the carrier or other bailee.

4. Claim Documents
The claim documents which shall be provided in support of a claim are:
4.1 Claim form duly completed;
4.2 Original policy of insurance duly endorsed or issued in favour of the claimant in case of single despatch;
4.3 Relevant AWB/LR/RR (original) to be provided in case of non-delivery, endorsed/ issued in the name of the claimant.
4.4 Copy of correspondence lodging monetary claim with the relevant carrier within time limit prescribed in the respective Acts under a registered letter with acknowledgement due card or acknowledgement by the carrier.
4.5 Non delivery/ partial delivery/ open delivery/ assessment delivery certificates recording details of shortages or partial damage / loss or non-delivery as the case may be, issued by carriers.
4.6 Copy of Invoice and Packing List.

5. Claim Procedure
It is the duty of the Insured and their Agents in all cases to take such measures as may be reasonable for the purpose of averting or minimising a loss and to ensure that all rights against carriers, Bailees or other Third Parties are properly preserved and exercised. In particular, the Insured or their Agents/ Consignees must-
5.1 Under no circumstances, give clean receipts to the carriers in respect of packages which are offered to them for delivery in a doubtful condition, except under written protest
5.2 Take examined delivery from the carriers of any packages which are outwardly damaged or appear to have been tampered with and obtain a Certificate of Damage and/ or Shortage from the carriers; take weighment / examined delivery of any packages which are in an outwardly sound condition, but deficient in weight, as compared with the booked weight, and obtain a Certificate of Shortage from carriers, if deficiency in weight is proved; if the carriers should refuse to grant examined delivery, suitable remarks as to the condition of the packages and the contents thereof should be made in the Railway Station Delivery Book or on the negotiable copy of the Consignment Note / Airway Bill in the case of despatches by Road/ Aircraft, respectively.
5.3 Issue notices of claim against the carriers by registered Post Acknowledgement Due

Note:
The Company’s liability shall succeed and not in any way supersede that of the carriers, Bailees or other third parties concerned. Subject to applicable law, rule, regulation or notification in this behalf, the Company hereby reserves the right as provided hereafter: No claim in respect of loss equal to or exceeding twenty thousand rupees in value on the policy shall be admitted for payment or settled by the Company unless the Company has been given a report on the occurrence of the loss and extent of the loss, from a person who holds a license to act as a Surveyor or loss assessor, under the Insurance Act, 1938 and appointed by the Company for the purpose. Provided that nothing hereinabove shall be deemed to take away or abridge the right of the Company to pay or to settle any claim at any amount different from the amount assessed by the Surveyor or loss assessor.

6. Limitation Period
In no case whatsoever shall the Company be liable for any loss or damage after the expiry of 12 months from the happening of the loss or damage unless the claim is the subject of pending action or arbitration; it being expressly agreed and declared that if the Company shall disclaim liability for any claim hereunder and such claim shall not within 12 calendar months from the date of the disclaimer have been made the subject-matter of a suit in a court of law then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.

7. Minimising Losses
7.1 Duty of Insured
It is the duty of Insured and their servants and agents in respect of loss recoverable hereunder.
7.1.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss; and
7.1.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised in terms of all applicable laws and the Company will, in addition to any loss recoverable hereunder, reimburse the Insured for any charges properly and reasonably incurred in pursuance of these duties.

7.2 Waiver clause
Measures taken by the Insured or the Company with the object of saving, protecting or recovering the subject matter insured as specified in Part I of the Schedule shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

8. Avoidance of Delay
Reasonable despatch clause
It is a condition of this insurance that the Insured shall act with reasonable despatch in all circumstances within their control.

Standard Terms And Conditions

1. Incontestability and Duty of Disclosure
The policy shall be null and void and no benefit shall be payable in the event of untrue or incorrect statements, misrepresentation, misdescription or non-disclosure in any material particular in the proposal form, personal statement, declaration and connected documents, or any material information having been withheld, or a claim being fraudulent or any fraudulent means or devices being used by the Insured or any one acting on his behalf to obtain any benefit under this policy.

2. Reasonable Care
The Insured shall take all reasonable steps to safeguard the interests of the Insured against accidental loss, or damage that may give rise to the claim.

3. Observance of terms and conditions
The due observance and fulfillment of the terms, conditions and endorsements of this policy in so far as they relate to anything to be done or complied with by the Insured, shall be a condition precedent to any liability of the Company to make any payment under this policy.

4. Material change
The Insured shall immediately notify the Company by fax and in writing of any material change in the risk and cause at his own expense such additional precautions to be taken as circumstances may require to ensure safe operation of the Insured items or trade or business practices thereby containing the circumstances that may give rise to the claim and the Company may, adjust the scope of cover and / or premium, if necessary, accordingly.

5. Records to be maintained
The Insured shall keep an accurate record containing all relevant particulars and shall allow the Company to inspect such record. The Insured shall within one month after the expiry of each period of insurance furnish such information as the Company may require.

6. No constructive Notice
Any of the circumstances in relation to these conditions coming to the knowledge of any official of the Company shall not be the notice to or be held to bind or prejudicially affect the Company notwithstanding subsequent acceptance of any premium.

7. Notice of charge etc.
The Company shall not be bound to notice or be affected by any notice of any trust, charge, lien, assignment or other dealing with or relating to this policy but the receipt of the Insured or his legal personal representative shall in all cases be an effectual discharge to the company.

8. Special Provisions
Any special provisions subject to which this policy has been entered into and endorsed in the policy or in any separate instrument shall be deemed to be part of this policy and shall have effect accordingly.

9. Overriding effect of Part II of the Schedule
The terms and conditions contained herein and in Part II of the Schedule shall be deemed to form part of the policy and shall be read as if they are specifically incorporated herein; however, in case of any inconsistency of any term and condition with the scope of cover contained in Part II of the Schedule, then the term(s) and condition(s) contained herein shall be read mutatis mutandis with the scope of cover/terms and conditions contained in Part II of the Schedule and shall be deemed to be\ modified accordingly or superseded in case of inconsistency being irreconcilable.

10. Electronic Transactions
The Insured agrees to adhere to and comply with all such terms and conditions as the Company may prescribe from time to time, and hereby agrees and confirms that all transactions effected by or through facilities for conducting remote transactions including the Internet, World Wide Web, electronic data interchange, call centers, teleservice operations (whether voice, video, data or combination thereof) or by means of electronic, computer, automated machines network or through other means of telecommunication, established by or on behalf of the Company, for and in respect of the policy or its terms, or the Company’s other products and services, shall constitute legally binding and valid transactions when done in adherence to and in compliance with the Company’s terms and conditions for such facilities, as may be prescribed from time to time. The Insured agrees that the Company may exchange, share or part with any information to or with other ICICI Group Companies or any other person in connection with the Policy, as may be determined by the Company and shall not hold the Company liable for such use/application.

11. Duties of the Insured on occurrence of loss
On the occurrence of any loss, within the scope of cover under the policy the Insured shall
11.1 Forthwith file/submit a Claim Form in accordance with Claim Procedure Clause as provided in Part II of the Schedule.
11.2 Allow the Surveyor or any agent of the Company to inspect the lost/damaged properties/premises/goods or any other material items, as per the Right to Inspect Clause as provided in this Part.
11.3 Assist and not hinder or prevent the Company or any of its agents in pursuance of their duties under Rights of the Company on Happening of Loss or Damage Clause as provided in this Part.
11.4 Not abandon the insured property/item/premises, nor take any steps to rectify/remedy the damage before the same has been approved by the Company or any of its agents or the Surveyor. If the Insured does not comply with the provisions of this Clause or other obligations cast upon the Insured under this policy, in terms of the other clauses referred to herein or in terms of the other clauses in any of the policy documents, all benefits under the policy shall be forfeited, at the option of the Company.

12. Rights of the Company on happening of loss or damage:
On the happening of loss or damage, or circumstances that have given rise to a claim under this policy, the Company may:
12.1 enter and/or take possession of the insured property, where the loss or damage has happened
12.2 take possession of or require to be delivered to it any property of the Insured in the building or on the premises at the time of the loss or damage
12.3 keep possession of any such property and examine, sort, arrange, remove or other wise deal with the same; and / or,
12.4 sell any such property or dispose of the same for account of whom it may concern. The powers conferred by this condition shall be exercisable by the Company at any time until notice in writing is given by the Insured that he makes no claim under the policy, or if any claim is made, until such claim is finally determined or withdrawn. The Company shall not by any act done in the exercise or purported exercise\ of its powers hereunder incur any liability to the Insured or diminish its rights to rely upon any of the conditions of this policy in answer to any claim. If the Insured or any person on his behalf shall not comply with the requirement of the Company, or shall hinder or obstruct the Company in the exercise of the powers hereunder, all benefits under the policy shall be forfeited at the option of the Company.

13. Right to inspect
If required by the Company, an agent/representative of the Company including a loss assessor or a Surveyor appointed in that behalf shall in case of any loss or any circumstances that have given rise to the claim to the Insured be permitted at all reasonable times to examine into the circumstances of such loss. The Insured shall on being required so to do by the Company produce all books of accounts, receipts, documents relating to or containing entries relating to the loss or such circumstance in his possession and furnish copies of or extracts from such of them as may be required by the Company so far as they relate to such claims or will in any way assist the Company to ascertain in the correctness thereof or the liability of the Company under the policy.

14. Indemnity
The Company may at its option, if applicable reinstate, replace or repair the property or premises lost or damaged or any part thereof instead of paying the amount of loss or damage or may join with any other insurer in so doing. The Company shall not be bound to reinstate exactly or completely but only as circumstances permit and in reasonably sufficient manner and in no case shall the Company be bound to expend more in reinstatement than it would have cost to reinstate such property as it was at the time of the occurrence of such loss or damage and in any event not more than the sum Insured thereon. If in any case the Company shall be unable to reinstate or repair the insured property/item hereby insured, because of any law or other regulations in force affecting insured property or otherwise, the Company shall, in every such case, only be liable to pay such sum as would be requisite under the policy.

15. Subrogation
In the event of payment under this policy, the Company shall be subrogated to all the Insured’s rights or recovery thereof against any person or organisation, and the Insured shall execute and deliver instruments and papers necessary to secure such rights. The Insured and any claimant under this policy shall at the expense of the Company do and concur in doing and permit to be done, all such acts and things as may be necessary or required by the Company, before or after Insured’s indemnification, in enforcing or endorsing any rights or remedies, or of obtaining relief or indemnity, to which the Company shall be or would become entitled or subrogated.

16. Contribution
If at the time of the happening of any loss or damage covered by this policy, there shall be existing any other insurance of any nature whatsoever covering the same, whether effected by the Insured or not, then the Company shall not be liable to pay or contribute more than its rateable proportion of any loss or damage.

17. Fraudulent claims
If any claim is in any respect fraudulent, or if any false statement, or declaration is made or used in support thereof, or if any fraudulent means or devices are used by the Insured or anyone acting on his behalf to obtain any benefit under this policy, or if a claim is made and rejected and no court action or suit is commenced within twelve months after such rejection or, in case of arbitration taking place as provided therein, within twelve (12) calendar months after the Arbitrator or Arbitrators have made their award, all benefits under this policy shall be forfeited.

18. Cancellation/termination
The Company may at any time, cancel this policy, by giving 7 days notice in writing by Registered post/Acknowledgement Due post to the Insured at his last known address in which case the Company shall be liable to repay on demand a rateable proportion of the premium for the unexpired term from the date of the cancellation. The Insured may also give 7 days notice in writing, to the Company, for the cancellation of this policy, in which case the Company shall cancel the policy from the date of receipt of notice and retain the premium for the period this policy has been in force at the Company’s short period scales.

19. Cause of Action/ Currency for payments
No Claims shall be payable under this policy unless the cause of action arises in India, unless otherwise specifically provided in Part II of the Schedule to this policy. All claims shall be payable in India in Indian currency only.

20. Policy Disputes
Any dispute concerning the interpretation of the terms, conditions, limitations and/or exclusions contained herein is understood and agreed to by both the Insured and the Company to be subject to Indian Law. Each party agrees to submit to the exclusive jurisdiction of the High Court of Mumbai and to comply with all requirements necessary to give such Court the jurisdiction. All matters arising hereunder shall be determined in accordance with the law and practice of such Court.

21. Renewal notice
The Company shall not be bound to accept any renewal premium nor give notice that such is due. Every renewal premium (which shall be paid and accepted in respect of this policy) shall be so paid and accepted upon the distinct understanding that no alteration has taken place in the facts contained in the proposal or declaration herein before mentioned and that nothing is known to the Insured that may result to enhance the risk of the company under the guarantee hereby given. No renewal receipt shall be valid unless it is on the printed form of the Company and signed by an authorized official of the Company.

22. Notices
Any notice, direction or instruction given under this policy shall be in writing and delivered by hand, post, or facsimile to In case of the Insured, at the address specified in Part 1 of the Schedule. In case of the Company: ICICI Lombard General Insurance Company Limited

ICICI Lombard House, 414, Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabhadevi, Mumbai – 400 025. Notice and instructions will be deemed served 7 days after posting or immediately upon receipt in the case of hand delivery, facsimile or email.

23. Customer Service
If at any time the Insured requires any clarification or assistance, the Insured may contact the offices of the Company at the address specified, during normal business hours.

24. Grievance Clause
For resolution of any query or grievance, Insured may contact the respective branch office of the Company or may call toll free no.1800-2666 or may approach us at the sub section “Grievance Redressal” on our website www.icicilombard.com (Customer Support section). However, if the resolution provided by us is not satisfactory you may approach Insurance Regulatory and Development Authority (IRDA) through the Integrated Grievance Management Section (IGMS) or IRDA Grievance Call Centre (IGCC) at their toll free no.155255.


CARGO TERMINATION OF STORAGE IN TRANSIT CLAUSE
(For warehousing and or storage risks insured in the ordinary cause of transit)

This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.

1. Notwithstanding any provision to the contrary contained in this policy or the clauses referred to therein, it is agreed that in so far as this policy covers loss of or damage to the subject-matter insured whilst being warehoused and /or stored, this cover is conditional upon such warehousing and/or storage being in the ordinary course of transit and, in any event, SHALL TERMINATE EITHER:

1.1 As per the transit clauses contained within the Policy.

Or

1.2 On delivery to the Consignee’s or other final warehouse or place of storage at the destination named herein,

1.3 On delivery to any other warehouse or place of storage, whether prior to or at the destination named herein, which the Assured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution,

Or

1.4 In the respect of marine transits, on the expiry of 60 days completion after of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge,

1.5 In respect of air transits, on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge, Whichever shall first occur.

2. If this Policy or the Clauses referred to therein specifically provide cover for inland or other further transits following on from storage, cover will re-attach, and continues during the ordinary course of that transit terminating again in accordance with clause 1.

Institute Chemical, Biological, Bio-Chemical Electromagnetic Weapons and cyber attack exclusion clause

This Clause shall be paramount and shall be override anything contained in this insurance inconsistent therewith

1. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from

1.1 Any chemical, biological, bio-chemical or electromagnetic weapon.

1.2 The use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, Computer virus or process or any other electronic system.

CARGO TERMINATION OF TRANSIT CLAUSE (TERRORISM)

This Clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.

1. Notwithstanding any provision to the contrary contained in this policy or the Clauses referred to therein ,it is agreed that in so far as this policy covers loss of or damage to the subject-matter insured caused by any terrorist or any person acting from a political motive ,such cover is conditional upon the subject matter insured being in the ordinary course of transit and ,in any event, SHALL TERMINATE EITHER:

1.1 on per the transit clauses contained within the policy,
or
1.2 on delivery to the consignee’s or other final warehouse or place of the storage at the destination named herein.

1.3 on delivery to any other warehouse or place of storage, whether prior to or at the destination named herein, which the assured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution,
OR
1.4 in the respect of marine transits, on the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge.

1.5 in respect of air transits, on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge.

Whichever shall be first occur

2. If this policy or the clauses referred to therein specifically provide cover for inland or other further transit following on from storage, cover will re-attach, and continues during the ordinary course of that transit terminating again in accordance with clause 1.

INSTITUTE EXTENDED RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
(01.11.02)
This Clause shall be paramount and shall override anything contained in this insurance inconsistent therewith
1. in no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to arising from
1.1 ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel.
1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof
1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter . The exclusion in this sub-clause does not extend to radioactive isotopes, other then nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural , medical , scientific or other similar peaceful purposes.

PRIVATE CARRIERS WARANTY
The insurer’s liability shall be limited upto insurance company terms and conditions.
1. Where the consignment Note is issued limiting the liability to the carriers by special contract duly signed by the consignor, consignee or their duly authorized representative or agent or
2. Where the consignment note is issued by a Private carrier (other than the vehicle belonging to the owner of the goods) or Freight Broker or
3. Where the goods are being transported in insured’s own vehicle.

This warranty would not apply where loss/damage occurred whilst the goods were not in the custody of the carriers.

SRCC CANCELLATION CLAUSE
The cover against strikes, riots and civil commotions risks (as defined in the relevant SRCC Clauses) may be cancelled by either the Underwriters or the Assured except in respect of any insurance which shall have attached in accordance with the conditions of SRCC Clauses before the cancellation becomes effective. Such cancellation shall however only become effective on the expiry of 7 days from midnight of the day on which notice of the cancellation is issued by or to the Underwriters.

The insurance company as agreed by the consignor

TERMS OF USE

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, TERMS OF SERVICES, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR TERMS OF USAGE OF PACKANDPORT.COM (PACK AND PORT PVT LTD) (HEREINAFTER REFERRED AS THE “SITE”) OR THE SOFTWARE/PROGRAM IN THE NAME OF “PACKANDPORT” (HEREINAFTER REFERRED TO AS THE ‘APP’).

ON ACCESSING, BROWSING OR OTHERWISE USING THE SITE CUSTOMERS / USERS OF THE SITE/APP (HEREINAFTER REFERRED AS “YOU” OR “USER”) ARE DEEMED TO HAVE ACCEPTED THE TERMS OF USE LISTED BELOW OR AS MAY BE REVISED FROM TIME TO TIME BY PACK AND PORT PRIVATE LTD. (HEREINAFTER REFERRED TO AS THE “COMPANY”), AND YOU UNDERSTAND AND AGREE THAT YOU ARE BOUND BY SUCH TERMS DURING YOUR ACCESS AND USE OF THIS SITE/APP AND SUBSEQUENT THERETO. BY IMPLIEDLY OR EXPRESSLY AGREEING TO THESE TERMS YOU ALSO AGREE AND ACCEPT TO BE BOUND BY THE OTHER POLICIES OF THE SITE/APP, AS AMENDED FROM TIME TO TIME.

1. Eligibility

Use of the Site/App is available only to persons who are “competent to contract” within the meaning of the Indian Contract Act, 1872. Persons who are incompetent to contract under the said Act such as minor, un-discharged insolvents etc. are not eligible to use this Site/App except with the supervision of an adult competent to contract. In the absence, adult supervision and/or assistance, the Company shall not be liable in any manner for usage of the Site/App by a person who is not competent to contract under the Indian Contract Act, 1872.

2. Nature of Access

Subject to the above, the Company grants you a limited, non-exclusive and revocable at will, license to access and avail the content and services of the Site/App for your personal use. It does not permit you to use the Site/App for commercial purpose, including but restricted to, data mining, or information gathering programs. The access shall not be used to reproduce, duplicate, copies, reverse engineer or de-assemble the software/programs running or associated with the Site/App.

3. Charges

The Site/App does not charge any fee for browsing or accessing the Site/App. However, the Company reserves the right to change its policy on charging any such fees from time to time. Any change in the existing policy may be posted on the Site/App and such changes shall automatically become effective immediately after they are posted on the Site/App. You shall be solely responsible for compliance of all applicable laws including those in India for making payments on the Site/App. The Company shall not be responsible in any manner for any loss and/or damage caused to any party due to your non-compliance of all applicable laws.

4. Privacy

(a) You agree that it shall be your responsibility to maintain the confidentiality of your user id, password as well as the safe keeping of the device through which the Site/App is being or may be accessed. In addition to the above, you shall be responsible to ensure that your account is not used in an unauthorized manner to access and avail the services on the Site/App. You further agree that the Company has the absolute right to refuse access to the Site/App, change or edit content or delete accounts, as it may deem fit.

(b) The Company protects user information in accordance to its Privacy Policy posted on the Site/App. The Privacy Policy, as amended from time to time, is incorporated by reference to be a part of these Terms of Use and you accept the same by usage of the Site/App.

5. Intellectual property

All Site/App content, design, text, graphics, trademarks, brand name, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of the Company, and are protected by the Indian laws. All software used on the Site/App is the property of the Company, and such software is protected by copyright laws and other laws and treaties. All intellectual properties of the Company including its trademark, logo and design shall not be used or represented in any manner, which shall cause confusion or ambiguity among third parties.

6. Communications

When you use the Site/App or send emails or other data, information or communication to the Company, you agree and understand that you are communicating with the Company through electronic records and you consent to receive communications via electronic records from the Company periodically, as and when required. The Company may communicate with you by email or by any other mode of communication, electronic or otherwise.

7. Accuracy of content

The Company has been very cautious in the preparation of the content of the Site/App including but not limited to description, images, prices, etc. However, these may vary from the actual services provided on the Site/App due to various reasons including but not limited to computer monitor settings, typography errors etc. The Company shall not be bound by any errors or omissions in posting information with respect to the Services or prices with respect to any products or services offered on the Site/App.

8. User Obligation

The users while accessing, browsing or otherwise using the Site/App shall not host, display, upload, modify, publish, transmit, update or share any information that:

-belongs to another person and to which you do not have any right to;

-is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

-harm minors in any manner;

-infringes any patent, trademark, copyright, design or other proprietary/intellectual property rights or privacy or confidentiality of the Company or of any third party;

-violates any law for the time being in force;

-deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

-impersonates another person;

-contains software viruses or any other computer code, files or programs designed to interrupt, destroy, damage, impair or limit the functionality of any computer resource;

-threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The users, as and when required, shall provide true and accurate information, and shall at all times, while accessing, browsing or otherwise using the Site/App, abide by all the policies of the Site/App. It is understood that you are accessing, browsing or otherwise using the Site/App at your sole risk and that you are using your best and prudent judgment before accessing, browsing or otherwise using the Site/App. You shall be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for all activities that occur under your display name and password.

9. Online Conduct

User agrees not to use the Site/App for –

-Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.

-Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

-Gaining unauthorized access to other computer / network/ mobile systems.

-Interfering with any other person’s use or enjoyment of the Site/App.

-Breaching any applicable laws.

-Interfering or disrupting other networks or websites or programs connected to the Site/App.

-Making, transmitting or storing electronic copies of the information protected by copyright without the permission of the owner.

-Undertaking transactions with the use of fictitious accounts or for fraudulent transactions or transactions which are fake or to undertake any activity which may result in or is aimed and intended to cause wrongful loss to the Company.

10. Security

The User is prohibited from violating or attempting to violate the security of the Site/App. You are prohibited from:

-Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

-Attempting to probe, scan or test the vulnerability of a system or network or program to breach security or authentication measures without proper authorization;

-Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site/App, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;’

-Sending unsolicited email, including promotions and/or advertising of products or services to or by using the Site/App; or

-Violations of system or network or program security, which may result in civil or criminal liability.

11. Disclaimer

The Company will endeavor to provide all product and services related information and the users are advised to be informed of all such information before purchasing/using the products and services from the Site/App. It is understood that the Company is not responsible for any reaction or any failure of a product / services to satisfy any special use requirements or otherwise meet the needs or expectations of the users. All materials and information presented by the Company are intended to be used for informational purposes only.

The products and services on the Site/App are provided on “as is” and “as available” basis, without any representation or warranties, express or implied except otherwise specified in writing.

The Company will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Site/App. The Company does not warrant that the Site/App, information, content, materials, products (including software) included on or otherwise made available to you through the Site/App, servers, or electronic communication sent from the Site/App are free of viruses or other harmful components or that the Site/App will be constantly available or available at all.

The Company may provide links to other websites/mobile applications which link may be embedded on the Site / App. The Company does not provide any representation or warranty as to the usability of such links/sites or that such links/sites will be available for use at given point of time or that such sites/applications are free from virus or other harmful software applications. The Company further does not provide any representations or warranties as to the quality of the services provided by such sites/apps and the Users will be governed by the terms of use and other conditions of sale as are stated on the said sites/apps without any representation / warranties from the Company. The Company expressly disclaims any liability for any loss which may be occasioned to the User for accessing or using the sites/apps which may be linked to the Site/App of the Company or which may arise from the use of the services / purchase of the goods on such third party sites/applications.

The Company shall not be responsible or assume liability in the event there arises any loss or damage to you, by availing the methods of payment available on the Site/App, due to: 

-Lack of authorization for any transaction/s, or

-Exceeding the preset limit mutually agreed by you and between “Bank/s”, or any other payment gateway or organization or

-Any payment issues arising out of the transaction, or

-Decline of transaction for any other reason/s

12. User Comments, Feedback and Other Submissions

User Comments, Feedback and Other Submissions

(a) Subject to the conditions above, users of this Site/App may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, the Company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of the Company violates these Terms and, or terminate your permission to access or use this Site/App.

(b) All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered on or by this Site/App or otherwise disclosed, submitted or offered in connection with your use of this Site/App (collectively, “Comments”) shall be and remain the Company’s property. Such disclosure, submission or offer of any comments, feedback, suggestions, ideas and other submissions shall constitute a non-exclusive, royalty-free, irrevocable, sub-licensable right to use, reproduce, adapt or create derivative works, distribute and/or further publish the said comments, feedback, suggestions, ideas and other submissions The said right in favor of the Company shall include all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments, feedback, suggestions, ideas and other submissions. Thus, the Company will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company is, and shall be, under no obligation (1) to maintain any Comments, feedback, suggestions, ideas and other submissions in confidence or (2) to pay any person any compensation for any Comments; feedback, suggestions, ideas and other submissions.

(c) You acknowledge and understand that the Company provides its services to several customers and several users may post comments/reviews, feedbacks suggestions etc. Consequently, it may not be possible for the Company to be aware of the contents of each such comment/review that is displayed. Accordingly, the Company operates on a “notice and takedown” basis. If you believe that any content on the Site / App is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), the Customer may immediately notifying by copying the contents of such review and emailing the same to designate email on the Site/App along with reason for your objections. The Company shall, upon receipt of such notice, examine the same and make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.

13. Grievance Redressal Mechanism

(a) In order to address any queries in relation to the Site/App and to improve the services provided with the use of the Site/App, the Company encourage the Users accessing the Site / App to post feedbacks/comments/reviews on Site/App. Additionally, the Company has also provided a grievance redressal mechanism which enable the Users of the Site to upload their specific objections/comments/reviews pertaining to the Site/App.

(b) By accessing/using the Site/App, you specifically acknowledge and understand that the Company has invested and continues to invest significant amounts towards the development and maintenance of the Site/App and that any negative feedback/comment/review may cause severe losses to the Company especially where the Company has not had the opportunity to address such comment/review. Consequently, in order to prevent such wrongful loss, you, the User specifically agree not to post any negative feedback/comment/review whether on the Site/App or on any public domain without first bringing the same to the notice of the Grievance Redressal officer specifying your feedback and further permitting the Company through its Grievance Redressal Officer to address any issues/queries or feedbacks as provided by you.

(c) You further understand and acknowledge that failure on your part to consult with the grievance redressal officer and posting /uploading or otherwise disseminating any negative comments/feedbacks without providing any opportunity to the Company to address your grievances/issues shall entitle the Company to proceed against you, the User for damages for any losses suffered by the Company. Any claim for damages shall be in addition to the rights for injunctive reliefs since claim for damages may not be a sufficient remedy. The Company shall further be entitled to treat any such feedback/comment to be defamatory / libelous in nature and take appropriate action against the User as it may deem fit.

14. Indemnity

You, the User agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party, including but not limited to the non-fulfillment of any of your obligations under these Terms of Use or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or any other rights based in equity, fact or law. This clause shall survive the expiry or termination of this Terms of Use.

15. Limitations on Liability

In no event shall the Company be liable for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages, or any damages whatsoever even if the Company has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use of information, inability to use, or performance of the information available from this Site/App. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. No action or proceeding may be brought against the Company with respect to any claim or dispute arising from the use of this Site/App.

16. Governing Law and Jurisdiction

These Terms of Use shall be construed in accordance with the applicable laws of India. In case of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use between the parties hereto, the parties shall attempt to resolve the same through discussion. In case the parties fail to arrive at an amiable solution through discussion, the same shall be referred to Arbitration by a Sole Arbitrator, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The Company shall appoint the Arbitrator and his decision shall be final and binding on the parties hereto. The seat of arbitration shall be New Delhi. Subject to the arbitration proceedings, the Courts at New Delhi shall have the exclusive jurisdiction in any proceedings arising out of these Terms.

17. Waiver

Any failure on the part of the Company to take action against breach of instant conditions, or any future amendments thereto shall not constitute a waiver of right of the Company to take action against such a breach or default.

18. Wrongful Disclosure

You understand and agree that submission of false, misleading or inaccurate information under the instant terms or any part thereof, may result in initiation of civil and/or criminal liability.

19. Modification of Terms and Conditions

Modification of Terms and Conditions

The Company reserves the right to modify these Terms of Use, at any time, without any prior notification to you personally.