3. Through the ODeX Site, ODeX provides a platform with a host of services, including but not limited to:
a) data entry and documents upload for invoice details and shipment enquiries;
b) online document management including issue and transfer of documents pertaining to shipment enquiries and transactions;
c) facilitation of electronic payments between payer and beneficiary thereof;
d) data collection and payment management to enable addition of e-convenience fees, seamless payment and information management; and
e) such other ancillary services to facilitate the above;
Hereinafter collectively referred to as the “Services”.
9. You agree not to access (or attempt to access) the Website, its content, the Services or any materials, documents and information, etc. uploaded by you and/or by the cargo handling agents, shipping lines, banks and/or any third parties on the Website (collectively, the “Materials”), by any means other than through the interface that is provided by ODeX. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, the Materials or any content, or obtain or attempt to obtain any Materials through any means not specifically made available through the Website.
10. You must not misuse the Website by introducing Viruses, Trojans, Worms, Logic Bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial of service attack or a distributed denial of service attack. You must not attack the Website by any other means recognized as an attack vector.
14. You acknowledge and accept that computer and telecommunications systems are not fault free and may from time to time require periods of downtime for the purposes of repair, maintenance and upgrading or otherwise, during which periods, the Website and the Services will not be available. Accordingly, we do not guarantee uninterrupted availability of the Website and the Services, but we will make reasonable efforts to minimize any periods during which the Website and the Services are not available.
15. A system outage has occurred if no information can be submitted due to an unforeseeable disruption in a system. In such a case, our Services will be temporarily suspended.
16. In addition, we shall not be liable or responsible for:
a) faulty operation of computers during the registration process or during accessing the Website or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by ODeX or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control);
b) any loss or damage due to viruses or other malicious software that may infect your computer equipment, software, data or other property caused by you accessing, using or downloading from the Website, or from transmissions via emails or attachments received from Us;
c) any use of websites linked to the Website but operated by third parties;
d) any failure to perform, or delay in performance of, any of our obligations or Services that is caused by events outside our reasonable control;
Hereinafter collectively referred to as “Force Majeure Event(s)”.
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iii) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (iv) impossibility of the use of public or private telecommunications networks; and (v) the acts, decrees, legislation, regulations or restrictions of any government, as may be applicable.
17. We will use our reasonable endeavors to bring the Force Majeure Event(s) to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event(s), however we shall not be responsible or liable for any losses or damages if we are unable to do so.
18. You acknowledge and agree that any use of the Website and the Services will be at your sole risk.
19. If you post or upload any materials on the Website, you hereby undertake to ensure that such materials are strictly of nature and context as referred to by the Website, and are not in violation of any applicable laws. Further, You undertake not to:
a) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
b) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
c) Publish, post, upload or distribute files that contain viruses, corrupted files, or any other malicious software or programs that may damage the operation of the Website or another's computer;
d) Publish, post, upload or distribute files that contain software or other material which are infringing the copyrights, trademarks, confidentiality, privacy or any other proprietary information protected by applicable intellectual property laws, unless you own or control the rights thereto or have received all necessary consents;
e) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
f) Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website or to any of the Services offered on or through the Website, by hacking or any other illegitimate means;
g) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of, or visitor to, the Website, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Website;
h) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
l) Publish, post, upload or distribute any Materials or information that is, or contains bookmarks, tags or keywords which are, illegal, inappropriate, profane, obscene, offensive, (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing, or is otherwise injurious to third parties, or objectionable in any manner whatsoever;
m) Publish, post, upload or distribute any Materials or information which consists of or contains political campaigning, commercial solicitation, chain letters, surveys, contests, pyramid schemes, mass mailings or any “spam”; or which may cause annoyance, inconvenience or needless anxiety to us and/or to any third parties;
n) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
o) 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;
p) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
q) Violate any applicable laws or regulations for the time being in force within or outside India;
r) Decompose, 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.
20. In order to access the Website and to obtain the benefit of the Services, you will have to register and create your user account/profile by providing accurate and complete information to us. We are not responsible for verifying the accuracy of any such information provided by you. However, we reserve the right to refuse/reject your request for creation of user account/profile on the Website, at our sole discretion, if the data or information submitted by you appears to be erroneous, incomplete, incorrect or fraudulent.
21. During the registration process, you must select a user name which is not offensive, does not offend common decency and does not infringe upon the rights of any third parties. User accounts / profiles created during registration are non-transferable and may be used by you only. You are solely responsible for your profile and any activity on it, and must keep your password secure at all times. As soon as you become aware of any unauthorized use of your profile or password, you must notify us at support@ODeX.co immediately. We will not be liable, under any circumstances, for any losses caused by any unauthorized use of your profile/user account or password.
Facilities and Data Transfer.
25. All facilities used to store and process a transaction and user data will adhere to reasonable security standards no less protective than the security standards at facilities where ODeX processes and stores its own information of a similar type. ODeX has implemented industry standard systems and procedures to ensure the security and confidentiality of a transaction and related user data, protect against anticipated threats or hazards to the security or integrity of a transaction and related user data, and protect against unauthorized access to or use any user data. You agree and understand that ODeX is trying to facilitate seamless information, payment and document processing. By using the Website you acknowledge and agree that ODeX is not responsible for any failure of the Website to store, transfer or delete data or for the corruption or loss of any data, information or content contained therein. You further acknowledge and agree that you have the permission, and that you have granted ODeX your permission as well as the non-exclusive right to store and transfer your data, as part of the Services rendered. We do not claim any ownership, intellectual property rights or other rights whatsoever outside the scope of what is necessary to transfer your uploaded data as part of the Services.
27. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned by EA Technologies, FZE and licensed to ODeX, and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
28. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of EA Technologies, FZE and licensed to ODeX, or the property of their vendors or respective third parties, as the case may be. You are not permitted to use the Marks without the prior written consent of ODeX, the vendor or the third party, as the case may be, or use, exploit or otherwise try to have any indirect or direct right or ownership on the Marks.
29. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium, without obtaining the necessary prior written consents and authorization from ODeX or thirty party owners of such Content, as the case may be.
Copyrights and other Infringement.
31. In the event of you indulging in infringement of the copyrights or other intellectual property rights of ODeX, ODeX may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, ODeX will have no obligation to provide a refund of any amounts previously paid to ODeX.
32. ODeX reserves the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of these Terms and Conditions, and in particular, provides any text, files, images, photographs, video, sounds, musical works, works of authorship or any other materials on the Website which is defamatory, offensive, discriminatory, infringes any intellectual property rights of any other person or is in any way illegal. Such action includes, but is not limited to, reporting such prohibited content and your details to the appropriate law enforcement agencies, removing such prohibited content or any content that ODeX considers, in their absolute discretion, may be prohibited content from the Website, terminating your registration and terminating access to the Website and the Services. Any material you upload to the Website will be considered non-confidential and ODeX shall have the unlimited and non-exclusive right and license to use, copy, distribute and disclose to third parties any such material for any purpose.
33. EA Technologies, FZE is the owner of all intellectual property rights on the Website and the material published on it, which rights have been licensed exclusively to ODeX. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. You may not modify any paper or digital copies of any materials neither printed or downloaded nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Links to and from the Website.
34. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
35. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must not contain anything illegal or which contravenes applicable law.
36. If you wish to make any use of material on the Website other than that set out above, please address your request to support@ODeX.co.
37. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
38. You understand and agree that ODeX does not control, and is not responsible for any ads, directory information, business listings/information, etc. that may be appearing on the Website, or for any messages or communication between the users of the Website inter se, including without limitation e-mails sent from outside the Website’s domain or other means of electronic communication, whether through the Website or through a third party website.
39. You understand and agree that ODeX does not warrant, endorse, guarantee, or assume responsibility for any Services advertised or offered to users on the Website or any hyperlinked website or featured in any banner or other advertising, and ODeX will not be a party to, or in any way be responsible or liable for monitoring any transaction between you and/or other users and/or third-parties, on or through the Website.
42. Disclaimer of Warranties: The website is provided on AS IS and AS AVAILABLE basis. ODeX and its sponsors, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, completeness, timeliness, security or reliability of the Services and/or any data/Materials uploaded, published, used or transmitted on or through the Website. ODeX does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. ODeX shall not be liable or responsible for any Force Majeure Events or for any delays or errors in processing payments or any other part of the transactions between users on the Website or for any default in the Services. You understand that you download from, or otherwise obtain Materials and/or the Services through the Website at your own discretion and risk. You understand that when using the Website, you will be exposed to Materials from a variety of sources, and that ODeX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials and you agree and assume all liability for your use. You acknowledge and agree that ODeX shall not be liable for your interactions with any other user on the Website or in connection with the Services. This includes, but is not limited to, delivery of Materials, and any other terms, conditions, warranties or representations associated with any interaction you may have with other users. These dealings/transactions are solely between you and such other user(s) and ODeX merely provides a common platform to facilitate such transactions between the user(s). You agree and acknowledge that ODeX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. You agree and acknowledge that you shall be solely responsible for the deduction and payment of any applicable taxes and duties assessed, incurred or required to be collected or paid in connection with any transactions/ dealings between You and any users on the Website, and that ODeX shall not, in any manner, be held liable or responsible for any tax implications pursuant to any such transactions/ dealings on the Website. If there is a dispute between users on the Website, or between users and any third party, you understand and agree that ODeX is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release ODeX, its officers, employees, agents, associates and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
Limitation of Liability.
46. We are not responsible for indirect or consequential losses which happen as a side effect of the main loss or damage including, without limitation:
a) Loss of income or revenue;
b) Loss of business;
c) Loss of profits or contracts;
d) Loss of anticipated savings;
e) Loss of data,
f) Loss of goodwill or injury to reputation;
g) Loss of emotional well-being, including, without limitation, any embarrassment caused;
h) Losses suffered by third parties; or
i) Waste of management or office time;
howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
48. Refund Policy: All payments made by you to the beneficiary are remitted near ‘Real Time’ to the specified beneficiary. ODeX shall be unable to refund to you, either in part or full, any such amounts paid by you. Any such refunds may be claimed by you from the beneficiary, and ODeX shall not be liable or responsible for the same.
50. In no event shall ODeX be liable to you or to any third party for any losses or damages arising out of your use of the Website or the Services, whether based on warranty, contract, tort (including negligence) or otherwise.
51. We will not accept any liability for any loss or damage (actual and consequential) resulting from or in connection with the use of the Website and/or the inability to use it or for any loss or damage (actual and consequential) resulting from any delay or failure in the performance of the Services on account of any third party or person or due to any technical or technological failure or any other circumstances beyond the control of ODeX.
56. Waiver: If ODeX is unable at any time, to insist upon strict performance of any of your obligations or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
59. You agree and acknowledge that ODeX is merely facilitating the transactions inter se between the users on the Website by providing the Services and shall in no manner be deemed to be liable or responsible for any such transactions or be construed as the agents of the users or the banks or any other parties that may be involved in the transactions.
60. You agree that ODeX may, at any time, modify or discontinue all or part of the Website and/or the Services, change, modify or waive any applicable fees required to use the Website or avail any of the Services, or offer any other opportunities/services to some or all of the users of the Website.