Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services.
In these Terms, references to "you", "User" shall mean any natural or legal person who is visiting the website, its contents and using the Services offered through the Website. "Transporter" means independent third party firms, companies, proprietorships etc. which provide transporting and ancillary services and "we", "us" and "our" shall mean Movesure TechnologiesPvt. Ltd. which expression shall unless the context or meaning be otherwise repugnant means and include its legal representatives, authorized agents, its franchisors and partners.
Introduction
1. www.movesure.in, ("Website") isan Internet based application or software owned and operated byMovesure Technologies Pvt. Ltd.a company incorporated under the laws of India and having Office at # 301, Himalaya Complex, 65/4 Vijay Block, Laxmi Nagar, New Delhi-110092. The Company also owns the Domain names www.movesure.co.inwww.movesure.net, www.movesure.info, these domain are also included in the definition of “Website”.
2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions contained in these Terms, as may be posted on the Website from time to time. We at our sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
Eligibility to use Services:
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed by us for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of our Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. User includes all legal entities and juristic persons e.g. companies, firms, proprietorships, trusts, corporations, societies etc.
User Account, Password and Security:
If any of the Services you use require an account, before using the Service you must open an account by completing the required registration process. This will include providing the Website with current, complete and accurate information, including, without limitation, your email address.
You may also be asked to choose a password and a user/account name. Your user/account name must be unique and cannot be vulgar or otherwise offensive (as determined by the Website at its sole discretion), nor should it infringe any trademark or other proprietary rights of a third party. Your user/account name can be used only in accordance with these Terms of Service and the Privacy Policy.
Your membership or subscription is personal to you and you may not transfer or make available your account name and password to others and you may not use anyone else's account at any time. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
We will make our services available to you through the Website if you have created an online account as per the procedure laid down in Website’s registration process. You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify www.movesure.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.movesure.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Services Offered by us:
www.movesure.in provides an Internet-based platform through the Website which enables users to avail transportation services (including loading, unloading, packaging, labour and transportation etc.) from various Transporting firms, companies or proprietorships. The Company operates the Site to provide online technology, listing, advertising and lead generation services (the "Services") for companies who have entered into a Transporter Agreement with us. The site facilitates the Users to seek and obtain quotes or other information from Transporters. Transporters may offer certain products and services to Users, including, but not limited to, packing, unpacking, moving, storage, carrier, brokerage, insurance, mortgage, survey, inspection, labour and other related services ("Relocation Services"). In order to obtain quotes or other information about Transporters' Relocation Services, you must fill out and submit the forms provided on the Site or App
The company services does not include packing, unpacking, moving, storage, carrier, brokerage, insurance, mortgage, survey, inspection, labour and other related services. Movesure is not directly or indirectly provide such services to the user. We are only a platform to provide you various choices of transporters based upon your requirement and description. We are not directly or indirectly involved in providing transportation services. We only provide a platform through our Website to both the User and the Transporter where user books one of the transporter out of the list displayed on the Website. As an order is placed or a request is sent to us on www.movesure.in for hiring the services of the transporters as mentioned above, we will make available the list of Transporters listed on our website along with the quotations as per the requirement of yours. You, as per your wish, may book any of the transporter and the transporter will initiate its service. This whole provision of providing list of transporters, their various services (pricing, cost of labour, time for delivery etc.) and coordination between you and transporter by us may be termed as the services provided to you by us. You are liable to pay the charges to us or the Transporter as the case may be in the manner as laid down in Foregoing Paragraphs. The Transporting firms, companies or proprietorships are hereinafter referred to as Transporters. Our Employees may provide suggestions and advise for best suited transporter and required services as per your requirement, but any decision based on such suggestions and advisory are of the users in entirety, any loss or damages arising out of such decision should be borne by the user themselves and you hold movesure harmless.
Payment Options:
User is required to go through this Para carefully as it contains the Payment terms and conditions.
Visiting, browsing or using the website to look for any of the transporter to avail of its service is free of cost and we do not charge any fees for it.
Movesure merely act as a technology platform used by the Transporter to enter into transactions with the user(s). By making payment using online payment gateway or to a movesure subsidiaries, affiliates, successors, assigns or employees, you are in turn making the payment to the Transporter. These payment are remitted to the Transporter as per the terms of this policy.
Full online Payment option:
The users may choose to make full, part or no payment through the site or App as they desire. While making the full payment, the users acknowledge that the Movesure has accepted the payment on behalf of the Transporter, Movesure can only direct the Transporter to provide Relocation Services and Movesure does not have any obligation to render the Relocation Services. When user make full payment of the service the payment is remitted to the Transporter on completion of the service provided or 21 day from the date of the payment by the user, whichever happens first.
Partial Payments online
When the customer make part payment on the site or movesure employees, such payment would be remitted in entirety to the Transporter on immediate bases after deducting our fees and charges.
When the customer makes no payment on the Site or its employees, payment is expected to be made to the Transporter as per the terms between the User and the Transporter.
a) Payments to us:
b) Payments to our Registered Transporters:
We provide our Users an option to pay the whole or partial amount at the time of delivery of Goods. If the User wishes to Pay the whole or partial amount only at delivery of goods then in that case the amount shall be paid by the User to the Transporter at the time delivery of Goods. It is to be noted if the User avail of this option then the user has to pay in cash only and against which a receipt will be issued by the Transporter.
It is pertinent to note that if the users wishes to pay at delivery then the user will first pay the whole amount and then only the goods will be handed over to the User. Any claim of the user, in that case, regarding the loss/damage to goods will be borne by the Transporter as per the agreement between user and transporter for which User may take appropriate proceeding against the Transporter.
Note: Goods will be released to the User only after all the charges have been paid by the User as per the payment terms contained in this Para
Modification of Quotations
The Users acknowledge that the quotation provided by Transporter for Relocation Services requested by the User is provided with the understanding gained by the Transporter from the Enquiry submitted by Users. Movesure cannot be held responsible for any lack of information due to the inaccuracy in the form or deficiencies in the form presented in the Site or App. Transporter are responsible for the price quoted and are solely responsible for any changes in pricing arising out of new understanding derived after visiting the User premises. Movesure has advised the Transporter against any price changes once the quotation has been submitted. Yet, Movesure in no way can be held responsible for any changes or actions taken by the Transporter on any particular matter pertaining to but not limited to packing, unpacking, assembling, disassembling, price revisions, and conduct of Transporter’s agents or employees. Changes or alterations to the Enquiry may result in changes to service terms including but not limited to pricing.
User Warranty for ownership or rights
The User warrants that any goods removed or stored under the contract are owned by the User, or that the User has full right, power and authority to allow such removal or storage. The User shall indemnify the Transporter and movesure against any claim arising or expense incurred as a result of any breach of this warranty. The User shall not give to the Transporter for packing, removal or storage any article or substance which is, or is likely to be, of a dangerous, corrosive, inflammable, explosive or damaging nature, or anything likely to encourage vermin or any other pest. The Transporter has the right to reject the request to carry certain items the Transporter considers inappropriate for transfer. The User shall not force the Transporter to accept any goods that Transporter is not ready to transport. The User shall indemnify the Movesure against all claims in respect of such goods.
The User will notify the Transporter and movesure if there is not suitable and convenient access to the place from which the goods are to be removed. The User(s) warrant that the property to or from which goods are removed by the Transporter is owned by the User or that the User has obtained prior to the commencement and carrying out of the work by the Transporter all necessary permits and approvals and authorizations to enable the Transporter’s vehicles, agents and/or employees to enter such property with or without vehicles for the purposes of carrying out the Transporter’s obligations hereunder and the User hereby indemnifies the Movesure in respect of any loss, claim or damage suffered, brought against or caused by the Transporter in entering upon such property with or without vehicles.
Unless expressly agreed otherwise in writing and unless the relevant provisions of the Carriage of Goods Act in that regard (where applicable) have been fully complied with, all goods will be carried and stored at owner’s risk. Movesure shall be under no liability for any loss of or damage to the goods, howsoever arising or caused, whether direct, indirect or consequential and whether or not the same was reasonably foreseeable or known by the Transporter to be probable.
Disclaimer of Insurance or risk coverage for goods
It is the Users responsibility to arrange the appropriate insurance for the goods to be transported, if required. Movesure or its agents make no representations and gives no advice regarding any aspect of the risk coverage , including as to the suitability or appropriateness of the policy for the User’s requirements, the policy’s terms, conditions and exclusions or as to the competitiveness of the cost (which includes a fee component retained by the transporter). The Customer warrants that he/she relies solely on his/her own skill and judgment in accepting the policy on the terms offered. Movesure in no way can be held responsible damages or losses arising out of inaccuracies or lack of judgment on the part of the user in choosing the right insurance or in the inaccuracies in declaring the value or inventory of items, as the User is solely responsible for declaring the right value of goods as they deem necessary. User may avail of any insurance or risk coverage for the goods if provided by the Transporter and movesure shall not be privy to any such insurance or risk coverage contracts between User and transporters.
Cancellationand Refund Policy:
The user may cancel or postpone his/her booking but this will attract the cancellation charges as given below;
If the user cancels or reschedule the booking more than 72 hours prior to Pick up date then it will attract no penalty and all payment received will be refunded to the user.
If the user cancels or reschedule the booking less than 72 Hours prior to Pick up date then it will attract a cancellation feesequal to 10% of total amount or Rs. 1000/- whichever is higher. After deducting this cancellation fees, the rest of the amount, if any, will be refunded to the user.
Rights and liabilities inter-se User and Transporter:
It is hereby reiterated that our role is only limited to the extent of providing a platform for both the user and the transporter where the user can have options to book any of the transporter to avail of its service and similarly the transporter can expand its business by having an exposure to various user and their requirements. We make few coordination communications between the user and transporter for proper facilitation of user but these communications do not make transporter an agency of ours. We are not vicariously liable for any of the deeds and acts of transporter.
If there is any deficiency in the services of the transporter, then this will be construed as a dispute inter-se user and transporter and we shall not be liable for any such dispute. It would be the Transporter who shall be liable for the loss/damages, whatsoever, and not limited to physical loss or damage to goods. User will never make us a party to any such dispute arising out of any loss/damages to him/her due to default in services provided by the transporter.
We do not guarantee any error/damage/delay free service to the User and ultimately it is the Transporter who is responsible for provision of proper, safe and timely services. As soon the as the Transporter gets a confirmation from us for initiation of Transporting or service in relation thereto, the role of ours lapses except making few coordination calls/emails and then onwards it is the liability of the Transporter to safely and timely deliver its service without any demur. Any loss/damage of or to the goods (including mental agony and harassment) of the user which are being transported by the transporter shall be borne by the Transporter and we are not privy to it.
Channel Subscription:
By providing your data, you agree to be communicated by us via email and SMS to facilitate your using of the website. We may communicate promotional offers periodically and as and when required.
Use of Website:
Except as expressly indicated to the contrary we hereby grants you a non-exclusive, freely revocable, non-transferable access to view, download and print catalogues or any other materials available on the Website, subject to the following conditions:
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
You may not modify or alter catalogues or any other materials available on the Website; You may not distribute or sell, rent, lease, license or otherwise make the catalogues or any other materials available on the Website available to others;
Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Any such prohibited use will be treated as infringement of copyright, patent, trademark or any other intellectual property as the case may be.
User conduct and rules thereof:
You agree and undertake to use the Website and the Service only to post and upload reviews/messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
9. violate any applicable laws or regulations for the time being in force in or outside India; and
10. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
11. exploit any of the services. We reserve the right to deprive individual User of our Cash on Pick-up payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that User conduct violates applicable law or is harmful to our interests.
12. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about us, our associates and partners.
Zero Liability Clause:
If the quality of any services provided by the Transporter did not meet your expectations or any loss or damage, whatsoever,(including mental agony and harassment), we will not be responsible for that and no compensation will be given other than the refund. It is further clarified that refund will be reimbursed only as per refund policy as laid down in foregoing Paras. The customer cannot request compensation for any reason,including but not limited to: any deficiency of service e.g. delay, loss of goods, delivered at wrong address, damage to goods etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will not be entertained by us. You shall never make us a party to any suit, application, complaint, appeal or any other proceeding before any court, forum, tribunal etc. for the deficiency of services or any other issue done by the Transporters. We are only a platform to provide you various choices of transporters based upon your requirement and description. We hold rights to cancel orders and block accounts of such customers without any prior notice.
User warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to best of your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the Services rendered by us.
Disclaimer of information
All information related to packing, assembling, relocation etc. given on the Site is for general use. These are not prescriptive in nature and the information given in the articles must be used at your discretion, as Movesure and our content team are not held responsible for the information provided in the articles. Furthermore, these are not meant to be endorsements.
Intellectual Property Rights:
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, we owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to us without obtaining authorization from us.
2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using our website, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our website.
3. The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of us we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for any form of transmission, whatsoever, received by you from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitations of Liability
We have endeavoured to ensure that all the information on the Website is correct, but we neither warrants nor makes any representations regarding the quality of Transportation services as provided by the Transporters. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Website (b) unauthorized access to or alteration of the user's transmissions or data;(c) any other matter relating to the use of website including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. Neither shall we be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.The Users of Mobile Application of ours are expected to update his/her said app on regular basis, so that he/she can avail the latest services of ours so that he/she becomes duly aware of any change(s) in our policies.
Indemnification:
You agree to indemnify, defend and hold harmless us from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arises out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Termination: