Terms Of Carriage

This is the contract between Sequel Logistics and the consigner or the consignee as the case may be. The terms and conditions of this docket/ consignment note contract have been abridged to fit the available space, from our standard terms and conditions of the Domestic Carriage Long form version which is available with any of our Customer Services Centre which shall be considered the full version of the contract between you and us. The terms and conditions herein are in addition to and are in supersession of as the case may be, of any service level agreement, special contracts or any other agreements or arrangements between Sequel Logistics and the consigner or the consignee as the case may be.

In the event there may be the conflict between the terms and conditions specified herein and the provisions of any other documents executed between the parties here to, the terms and conditions specified herein would prevail.

1. DEFINITIONS:
The following definitions apply to the terms and conditions set down below that govern the contract of carriage between you and us:

• “We”, “Us”, “Our”, “Carrier”, “Sequel Logistics”, shall refer to Sequel Logistics, its employees, authorized agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.
• “You”, “Your”, “Consigner”, “Shipper”, shall refer to the sender, consigner, or the consignee of the consignment , holder of this Consignment Note, receiver and the owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be.
• “Carriage” means and includes the whole of the operations and services undertaken by us in connection with the Consignment;
• “Consignment” means any envelope, document, package, parcel, satchel or freight which is or are given to and accepted regulations for transport;
• “Dangerous Goods” means goods classified as dangerous as per ICAO, T.I., IATA DGR, IMDC- Code, ADR or other national regulations for transport;
• “Delivery” means the tender of Consignment to the consignee or the intimation about the arrival of the consignment.
• “Prohibited Items” means any goods or materials, the Carriage of which is prohibited by any law, rule or regulation of India;
• “Receiver” or “Consignee” shall refer to recipient or the addressee or the consignee of the Consignment.

2. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has the interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform any other services as well as our employees, directors and agents. Only our authorized officer may agree to a variation of these terms and conditions in writing. When you give the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by those instructions.

3. DANGEROUS GOOD SECURITY
3.1 Dangerous Goods
a). Except in the circumstances shown in the point 5.1 (point # 5) below we do not carry nor perform other services regarding good which are in our sole opinion Dangerous Goods including but not limited to those specified in the regulations guidelines, technical instructions, codes applicable to us and our business or to the transport of , or the performance of other services regarding Dangerous Goods.
b) We may at our discretion accept the Dangerous Good for carriage, or for the performance of other services in some location if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and our dangerous good surcharge will be invoiced to you upon acceptance of your shipment.
3.2 Air Cargo Security Regulations
a) You must ensure and you hereby certify by completing our consignments note or tendering the a shipment to us that your shipment does not contain the prohibited article as specified in national or international that govern aviation security. You must give us a full description of the contents of the shipment of the consignment note, or other accompanying document, and your responsibilities and liabilities are not extinguished by providing this information. Shipments carried or handled by us may be subject to security screening which could include the use of X-ray equipment and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
b) You declare that you have prepared the shipment for carriage or for the performance by us of other services, in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.
3.3 Prohibited items
We do not accept shipments that contains prohibited items.
3.4 We accept shipments only upon your declaration of the type and the value of shipment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of the description type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

4. OCTROI, ENTRY TAX AND OTHER STATUTORY CLEARANCE
4.1 You hereby appoint us as your agent solely for the purpose of clearing the consignment with the applicable governmental authorities for the purpose of Octroi, entry tax and such other applicable statutory clearances and you hereby certify that we are the consignee for the purpose of designating an agent to perform the requisite clearance and entries if we sub-contract with this work. You hereby specifically authorize us to sign such documents as required on your behalf. I any governmental authority requires additional documentation for the purpose of confirming our status as your agent it is your responsibility to provide the required documentation at your expense.
4.2 You certify that all statements and information you provide relating to the transportation of the shipment will be true and correct. You acknowledge that in the event that you make untrue of fraudulent statements about the shipments or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in the condition.
4.3 Any charges including penalties relating to octroi, entry tax, storage charges, demurrage or other expenses we incur as a results of the action of customs or other governmental authorities or your failure and/or the receiver’s failure to provide proper documentation and/or to obtain the required license or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra cost that we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other charges set out in this condition.
4.4 We will endeavor to expedite all Octroi, entry tax and other tax and statutory clearance formalities for your Consignment but are not liable for any delays, losses, or damage caused by interference from the relevant government authorities.

5. YOUR OBLIGATIONS
5.1 You warrant, undertake and guarantee to us:
a) the contents of the shipment ( including but not limited to weight or number of items) have been properly described on our consignment note and that the Consignment Note, along which all statutory & legal required documents.
b) that the contents of the Consignment and the consignee’s full address including the postal code and telephone number has been accurately and legibly completed on the address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us.
c) that the contents have been packed safely and carefully to protect them against risks of transport or the performance by us of other services including any associated sortation and/or handling process.
d) that you have prepared the Consignment in secure premises by reliable staffs employed by you, and the Consignment has been protected against unauthorized interference during preparation, storage, and transportation immediately prior to hand over to us.
e) that the contents of the Consignment are not prohibited items and/or not restricted by the applicable regulation and that you will supply to any Dangerous Goods declaration that is needed properly and accurately in accordance with all applicable laws, rules and regulations and neither you nor the consignee is a person or organization with whom we or you may not legally trade under any applicable laws and regulations.
f) that all the statements, documents and information provided by relating to the Consignment will be true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the consignment or any of its contents, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. You agree to indemnify us and hold us harmless from any claims that may be brought against arising from the information provided by you.
g) that you shall be due and payable to us the charges as agreed irrespective of the non-delivery of the Consignment due to non-payment by you of the applicable duty levy.
h) that you shall pay the demurrage per day at the rate of Rs.1/- per kilogram weight of consignment per day of Rs.250/-per day whichever is higher in the event the Consignment is required to be collected from our warehouse in the destination and the consignee has not collected the same within two days of attempted delivery by us or intimation by us of the arrival of the Consignment , whichever is earlier.
i) we are authorized to deliver the goods at the address mentioned in the Consignment Note and without prejudice to the foregoing, it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract if we obtain from any person a receipt or any signed delivery docket for the good at the said address.
j) you have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles.
k) you have securely fixed a heavy weight label in the prominent position on the outer surface of the shipment that can clearly be seen by us for any item weighing 30 kilos or more.
l) when you have asked us to charge the receiver or the third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice;
m) all applicable laws and regulations have been complied with by you;
5.2 You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we have inadvertently accept a shipment that contravenes any of your obligations.

6. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Weekend days, public holidays and bank holidays with delays caused by customs or other events beyond our control are not included when we quote door to door delivery times in our published literature . The route and the method by which we transport your shipment shall be at our sole discretion.

7. UNDELIVERABLE AND REJECTED SHIPMENTS
Where we are unable to complete the delivery of a shipment we will try to leave a notice at the receiver’s address stating that the delivery has been attempted and whereabouts of the shipments. If delivery has not been made after one more attempt by us or the receiver refuses to accept the delivery we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your instructions within 30 days after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you.

8. EXTENT OF OUR LIABILITY
8.1 Subject to condition 13 below, our liability for any reason whatsoever from carriage or other services provided to you including without limitation for loss, delay, damage. mis-delivery or non-delivery of your shipment or any part thereof, for breach of contract negligence, willful act or default is limited to;

• Rs.100/-per consignment, where the consignment is declared for having “No Commercial Value” on the consignment note.
• Rs.1000/-per consignment or the value declared on the Consignment Note which one is lesser for document consignment.
• Rs.5000/-per consignment, or the value as declared on the Consignment Note whichever is lesser for non-document consignments.
• In the case of delay where you can show us that you have suffered losses, our liability is limited to refunding to you the charges you paid us for carriage in respect of the shipment or the part, which was delayed or the amount specified above, whichever is lower.

8.2 Subject to condition 13 below , if we have liability relating to other services for whatever reason , including limitation breach of contract, negligence , willful act or default, our liability to you at is all times limited to Rs.5000/- (Rupees Five thousand) per event or series of events with one and the same cause of damage or, in case of the loss of, or damage to a shipment, to the lower of the market value of the shipment or the costs of repairing the shipment or the part affected with every case an upper that does not exceed Rs.5000-( Rupees Five thousand) per event of the series of the connected events,

9. EXCLUSIONS
9.1 We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or lost might arise or for any indirect, incidental, special, or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, willful act or default.
9.2 We are not liable if we do not fulfill any obligations cowards you at all as a result of
a) circumstances beyond our control such as (but not limited to):

• acts of God including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters.
• force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, focal disputes or civil commotions;
• national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery
• latent defects or inherent vice in the contents of the shipment;
• criminal acts of third parties such as theft and arson.

b) your acts or omissions or those of third parties such as

• you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in condition 11:
• an act or omission of any customs, airline, airport of government official

c) The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
9.3 We are not a common carrier and do not accept from you any liabilities of a common carrier. Under normal circumstances we do not accept shipments sent to and from residential addresses.

10. INSURANCE AND FREIGHT ON VALUE CHARGES
10.1 Due to the risk or damage to the contents of the Consignments we advise you to purchase insurance cover for the full value of the Consignment.
10.2 We shall at your request issue certificate of loss / certificate of damage in respect of consignment insured in the event of loss or damage to the consignment. You agree and confirm that the issue of such certificate does not confirm or amount to acceptance or admission of claim by us.
10.3 For the issuance of certificates as above, all Consignments will attract freight on value charges as specified by us.

11. ENHANCED LIABILITY
11.1 You may, against payment of the indicated charge, make a declaration on the Consignment Note, of the value of the non-document shipment and seek to increase our limit of liability for loss or damage to your Consignment to the amount equivalent to the value of the consignment as declared by you on the facing sheet of the Consignment Note or Rs.2,00,000/- per Consignment whichever and is less ("Enhanced Liability). The Declaration must be made by you by completing the relevant box on the Consignment Note the indicated charge. Compensation for proved loss or damage to your shipment may be claimed up to the Enhanced Liability. Enhanced Liability is not available for precious stones, precious metals, laptop computers, plasma screens, Jewelry, money, glass, china, objects of art, antiques, documents or any films, tapes, discs, memory cards or any such other data or image carrying goods. If you do send such goods we recommend that you arrange insurance.
11.2 You may opt for Enhanced Liability for the reconstruction, reproducing, reissuing or re-printing cost (including the costs of the (eg. paper) plus reasonable labor costs) of your document shipment by completing the relevant box on the Consignment Note and paying the indicated charge. Compensation for proved loss or damage to your document shipment may be claimed up to Rs.10000/-per shipment. The Enhanced Liability option is only available for certain documents as per the list available with our Customer Service Center.
11.3 The above Enhanced Liability options (11.1 and 11.2) do not apply or provide compensation

• For losses of a consequential nature, as per clause 11.1 above.
• For delays in Carriage
• For losses that have arisen as a result of a breach of your obligations under these terms and conditions,
• For Carriage of shipments to certain locations. For a list of these locations and/or to obtain further details on the conditions of Enhanced Liability, please contact our customer service center.
• Where our liability is otherwise excluded as set out in these terms and conditions.
• Where you fail to elect to purchase the enhanced liability.
• You fail to pay us our charge for the enhanced liability.

12. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or delayed Consignment you must comply with the following procedure otherwise we reserve the right to reject your claim:

• You must notify us in writing about the loss, damage, or delay within 7 days after delivery of the Consignment or within 7 days of the date the Consignment should have been delivered and then within the next 14 days document the claim by sending us all relevant information about the Consignment and the loss, damage or delay suffered. We are not obligated to act on any claim until our transportation charges have been paid nor are you entitled to deduce the claim for those charges.
• We will assume the Consignment was delivered in good condition unless the recipient has noted the damage on our delivery record when he accepted the Consignment. In order for us to consider a claim for damage the contents and the original packaging must be available to us for inspection;
• Your right to claim damages against us shall be extinguished unless an action is brought in a court of law of appropriate jurisdiction within 2 years from the date of delivery of the Consignment or from the date on which the Consignment should have been delivered or from the date on which the Carriage stopped.
• In case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;
• The shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non- delivery. We may agree with you in writing to shorten this period.

13. CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the consignment to bring a claim or action against us arising out of Carriage even though we may have been negligent or in default and if a claim or action is made you will Indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

14. RATES AND PAYMENT
14.1 You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, in the currency indicated in the invoice and all applicable taxes including Service Tax thereon within 7 days from the date of our invoice. Any differences or discrepancies in the invoices raised by us should Service be brought to our notice within 7 days of the receipt of the invoice by the Shipper failing which the invoice will be deemed to be correct and deemed to have been accepted by the Shipper. You waive all your rights to challenge our invoices if you do not contest our invoice in in writing within 7 days from the date of the invoice. Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there i is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation. As a matter of course all duties, value added taxes on goods or services and all other charges levied on the shipment in the destinations shall be payable to us b to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid.
14.2 Our current rate card is available on request from any of our offices in India from which the shipment is invoiced. We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equations set out in our rate card.
14.3 The door-to-door delivery rates shown on our current rate card do not include Octroi, Entry Tax clearance formalities and charge an extra administration fee where time-consuming excessive checkpost and tax clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied in some locations for clearance activities. We may in some locations make advance payments of duties, taxes, penalties or have to post Bond on behalf of the Consignor and where this additional service is provided a local administration fee will be charged to the Receiver and you will be liable for this charge if the Receiver does not pay us.
14.4 Our invoice does not include the Proof of Delivery (POD), which you agree may be validly obtained or provided in a digital or electronic format, or any other additional documents.
14.5 The shipper shall be and remain responsible to us for all our proper charges incurred for any reason and such charges shall be deemed fully earned as soon as the goods are loaded and dispatched from the Shipper’s premises and shall be payable and non-refundable in any event. This is notwithstanding any agreement or arrangements of ours with the consignee or the other person, for payment of any charges towards the Carriage of consignment. The Shipper agrees that it shall not defer or withhold payment of or deduct any amount from our account by reason of any claim alleged against us.
14.6 You and the Receiver shall be jointly and severally liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment note.
14.7 We reserve the right to charge interest on all outstanding invoices at the rate of 2% per month. Notwithstanding our right to charge interest and notwithstanding anything to the contrary in any agreement between us, we shall have a general lien on all of your Consignments in our possession at any time with the right to sell their contents and adjust the proceeds in lieu of any amounts that you may be owing to us towards previously delivered Consignments.

15. LAW AND JURISDICTION
15.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract of Carriage all of which shall remain in force.
15.2 All disputes arising out of or relating to the carriage of consignments under this contract, shall be resolved through Arbitration under the provisions of Arbitration and Conciliation Act, 1996 by an Arbitrator nominated by the CMD of Sequel Logistics. The venue of arbitration shall be Bangalore.
15.3 This agreement and any transaction based on the same shall be subject to the jurisdiction of the Courts in Bangalore.

Terms Of Use

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This document is published in accordance with the provisions of Information Technology Act, 2000 and rules framed thereunder that require publishing the rules and regulations, privacy policy and terms and conditions for rendering the Services (as defined below) and Payment Services (as defined below) thereof through access of OUR website or usage of domain name www.sequel247.com, including the related 247 client mobile application (“Platform”).

These terms and conditions (“Terms”), are applicable to all the online payments being made on the Platform in relation to the supply chain and logistic services (“Services”) being offered by Sequel Logistics Private Limited, a company incorporated under the provisions of the Companies Act, 1956 (hereafter referred to as “Company”, “We”, “Us” and/or “Our” through an integrated HDFC payment gateway (“Payment Services”) as the context may require).

Reference of “You”, “Your” or “User” in these Terms shall mean anyone who is availing Our Services and/or the Payment Services by accessing Our Platform.

The Payment Services shall be offered to You conditioned upon Your acceptance of all the Terms and notices (if any) set forth below (collectively referred as “Agreement”). Please read this Agreement carefully, as it contains information concerning legal right, limitation, section regarding applicable law and jurisdiction in case of any dispute. By opting for online payment for Our Services / accessing Our Payment Services through the Platform, in any manner, You agree to be bound by this Agreement and represent that You have read and understood the Terms. If You do not accept the Terms of this Agreement, please do not use or access the Platform.

Acceptance of Terms
This Agreement set forth the legally binging Terms for Your use or avail of Our Payment Services through the Platform. Your access, browsing or use of the Platform in relation to Our Payment Services, shall be deemed to be Your unconditional and irrevocable acceptance of these Terms, the Privacy Policy available here, Refund and Cancellation Policy available here and such other terms and conditions as may be reasonably required by Us from time to time to render the Payment Services in an effective manner. [Please specify link for relevant policy (here as stated above)]

Content
The Content (as defined below) on the Platform is Our property with all the rights and interest over such Content. By using the Platform You get access to Our content, information, documents, data which may be in audio, video, graphic, photographic or any other forms (collectively referred as the “Content”), however We reserve the right to amend, revise or update the Content on the Platform as may be reasonably required by Us from time to time to render the Payment Services in an effective manner.

User ID and Password
The User hereby acknowledges and agrees that the user ID and password (“Login Account Details”) shall be used by the User for availing Our Services through the Platform and inter alia to avail Our Payment Services for online payment of invoices, details of pending invoices and payment history. User shall be solely responsible for maintaining the confidentiality of Login Account Details and shall be solely responsible for all the activities on the Platform under the logged in account (“Account”). Your [e-mail address and/or mobile number] is Your primary identifier of Your Account on the Platform and shall be Your responsibility to ensure that the same is updated on the Platform at all times. In case of any change in Your e-mail address and/or mobile number the same shall be promptly updated on the Platform. Further, We shall not be liable or responsible for any activities or consequences of use / misuse of any information in/of Your Account in case the e-mail address and/or mobile number is not updated on the Platform. Use or sharing of Login Account Details with another user(s) shall disclose Your Account information to such other user. The User shall be solely responsible for all the consequences arising from the activities undertaken under the Account so shared with other users and We reserve the right to immediate block such Users access to the Account, Platform, Payment Services and Content, as may be required.

Limitation of Liability
Following are the limitation of liability to be complied by You in relation to the access and use of the Platform for availing Our Services online and Payment Services thereof:

• You acknowledge that the Payment Services are being provided on a “as is” and “as available” basis, which may get interrupted while browsing, transacting, using or uploading information on the Platform;
• The Company or its affiliates (if any) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses arising out of or in connection with the access to or use of the Payment Services through Platform due to lack of authorization for any transaction or any payment issue arising out of the transactions or decline/rejection/delay in completion of the transaction for any reason;
• We assume no liability whatsoever for any monetary or other damage suffered by You on account of (a) the delay, failure, interruption, or corruption of any data or other information transmitted, or any viruses, in connection with the use of the Payment Services; or (b) any interruption or errors in the operation of the Payment Services.
• You agree, understand and confirm that personal data including without limitation details relating to Login Account Details, bank account details transmitted over the internet is susceptible to misuse, theft and/or fraud and that the Company has no control over such matters.
• All reasonable care has been taken towards guarding against unauthorized use of any information transmitted by You to Us. The Company does not represent or guarantee that the use of Payment Services will not result in the theft and/or unauthorized use of date over the internet.
• The Company shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, theft or destruction or unauthorized access to, alteration of, use of information available on the Platform.

Bank Account Details
The bank account details including debit card, credit card or net banking details provided by You for the Payment Services shall be correct and accurate. You shall not use a debit card, credit card, net banking details or any other payment mode (as may be permitted by US from time to time), which shall not be lawfully owned by You. You further agree and undertake to provide correct and valid bank account details. Further, when You initiate a payment transaction and/or issue an online payment instruction and provide Your bank account details:

• You warrant that You are fully and lawfully entitled to use such debit card, credit card, net banking details for such transactions;
• You are responsible to ensure that the debit card, credit card, net banking details provided by You are accurate;
• You are authorizing the debit to the nominated card, bank account for the settlement of payment for the Services availed by You along with the applicable charges and taxes;
• You shall procure and be responsible to ensure that sufficient credit is available in Your nominated card / bank account at the time of making the payment for the Services availed by You, which shall be inclusive of the service tax, tax deducted at source, applicable charges and other taxes (if any).

Payment
All the invoice payments on the Platform shall be compulsorily in INR / Indian Rupees, having legal tender in the Republic of India and the Platform shall not facilitate any transaction in any other currency other than INR / Indian Rupees. Further, You understand, agree and accept that Payment Services are neither banking nor financial service and is merely a facility available to You for an electronic and automated mode of payment on the Platform using the payment gateway networks through authorized banking infrastructure.

In case the Payment Services on the Platform are experiencing any server related issues like slow down / transaction failure / session timeout or any issue / delay from Your bank, the User before initiating a second payment, shall check the bank account for any debit in relation to the said transaction and accordingly resort to any of the following:

• In case Your bank account is debited, ensure that You do not make the payment again and immediately thereafter contact Us via e-mail or any other mode of contact as provided on Our Platform;
• In case Your bank account is not debited, then You may initiate a fresh transaction to make the payment.

Privacy Policy
Our Privacy Policy governs Our collection and use of Your personal information and such other information collected through the Platform, while rendering the Services and Payment Services. The Privacy Policy is incorporated into these Terms, therefore read it carefully, as it describes what information We collect, use of such collected information, whom We share Your personal information and non-personal information and how We dispose of Your information. By using Our Platform for availing Our Services and Payment Services, You consent to Our Privacy Policy.

Links to Third Parties
Our Platform may contain links to third party website, advertisements, services, special offers or information (“Third Party Content”). This Third Party Content is not under Our control. We are providing these links to You only as a convenience and the inclusion of any such links does not imply affiliations, endorsement or adaption by Us of such third party website or any information contained therein. We are in no manner responsible or liable for Your use or access of any such Third Party Content. Whenever You leave the Platform and access such Third Party Content, be aware that Your activity is outside Our Platform and shall be governed by the terms and conditions and the privacy policy of such Third Party Content provider.

Indemnity
You agree to release, indemnify and keep indemnified Us, Our affiliates (if any), directors, officers, contractors, licensors, employees and agents, harmless from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by Us to the extent arising out of or in connection with Your:

• Failure to comply or breach with the Terms of this Agreement;
• Use of the Platform for availing Our Services and Payment Services;
• Violation of any applicable laws or rights (including but not limited to infringement of any intellectual property rights) of any third party or other users.

Termination
We may at any time restrict or block Your access of the Account and/or the Platform or suspend/terminate Your access and use of the Services and Payment Services thereof without prior notice to You, if case of misinterpretation, default, misconduct or You fail to comply with Your obligation as per the Terms of this Agreement (“Event of Default”). On the occurrence of the Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement and/or under applicable laws.

Amendments and Discontinuation
We reserve the right to modify, edit, suspend or discontinue either temporarily or permanently the Platform for rendering the Services and the Payment Services thereof as and when required necessary. We shall not be liable to You or to any third party for any such modification, editing, suspension or discontinuous of Our Terms as per this Agreement. Please review the Platform and the Terms of this Agreement periodically.

Force Majeure
We shall not be liable for any loss, damage arising out of any acts beyond Our control, including but not limited to events such as outbreak of any epidemic, pandemic, weather conditions, flood, fire, labour dispute, natural calamities, act of god, strike, mechanical breakdown, war, hostilities, riot, disorder, lockout and any change in laws.

Waiver and Severability
Failure to exercise or enforce any rights, remedies, powers or provisions of this Agreement by Us shall not constitute a waiver of such right, remedy, power or provision. Further, in case where any provision of this Agreement is found or declared by a court of competent jurisdiction to be invalid, it shall not affect other provisions of this Agreement and the other provisions of these Terms shall remain in full force and effect.

Grievance Officer
In accordance with the applicable laws, We have designated a grievance officer for any feedback, concerns, question, discrepancies or grievances of the User in relation to these Terms of the Agreement, Our Platform. The name and contact details of the grievance officer are provided below:

Entire Agreement
This Agreement, along with the Privacy Policy, Refund and Cancellation Policy and any additional guidelines, rules or disclaimers available on the Platform constitutes the entire agreement governing Your use of Our Platform and also the same shall be supersedes any prior agreements, if any, with respect to any provision stated in this Agreement.

Governing Law and dispute Resolution
This Agreement is governed by and construed in accordance with the laws of India. All disputes in relation to the Terms of this Agreement shall be adjudicated exclusively by/before the competent courts/tribunal in [Ahmedabad].

Refund and Cancellation Policy

As a part of Our constant efforts towards complete satisfaction of Our users, in case of any discrepancy / displeasure experienced by the User while availing Our Services (as defined below) and the Payment Services (as defined below) through access or usage of Our website, domain under the name www.sequel247.com and related 247 client mobile application (collectively referred as “Platform”), We provide cancellation and/or refund of Service charge, in accordance with the terms of these Refund and Cancellation Policy (“R&C Policy”).

This R&C Policy, is applicable to all the supply chain and logistic services being offered on the Platform and online payments being made on the Platform in relation to such services (“Services”) through an integrated HDFC payment gateway (“Payment Services”) being offered by Sequel Logistics Private Limited, a company incorporated under the provisions of the Companies Act, 1956 (hereafter referred to as “Company”, “We”, “Us” and/or “Our” as the context may require).

Reference of “You”, “Your” or “User” in these R&C Policy shall mean anyone who is availing Our Payment Services by accessing Our Platform.

By accessing Our Platform, You are consenting to this R&C Policy, Terms and Conditions for availing the Services and the Payment Services as available here and Privacy Policy available here and such other terms as may be reasonably required by the Company from time to time to render the Services and Payment Services in an effective manner.

Cancellation Policy

• The Company hereby undertakes that it will process Your cancellation request towards cancellation of any Services being availed by You and refund thereof, upon receipt of such cancellation request being made through the Platform or via email or contact details (as provided below) with reasons for such cancellation (if any), provided cancellation request is made within [12 (twelve) hours] - of placing the order for availing the Services.
• Any cancellation request received after 12 (twelve) hours of placing the order, shall be subject to the status of such order at the time of receipt of such cancellation request
• In case cancellation request is received after Company’s representative/crew leaves for collection of the order, refund shall be given after deducting the handling charges at the rate [30% (thirty percent)] of the Service charge;
• In case cancellation request is received after the requested pickup / delivery time, or after commencement of service, no refund on cancellation shall be allowed.
• In case of cancellation request arising out of wrong address for shipment of the order, or if the shipper or the receiver is not available / is not willing to hand-over / take delivery, then no refund on cancellation shall be allowed. However You can request for reshipment of the order at the revised address, which shall be provided by Us by charging such additional Service charge as may be required to transit the order to the revised location.
• In the event that the Company may not be able to render the Services, as may be requested by You, for reasons solely attributable to the Company, We shall immediately intimate You and forthwith cancel the request for the Services and refund the Service charge paid by You towards such Services, within such period as specified below;
• The Company reserves the right not to accept any orders or cancel the orders due to happening of any Force Majeure Events (as defined below). The Company shall intimate You upon any such cancellation within reasonable period of time.

Refund Policy

• The Company will proceed to refund of the Service charges, upon receipt of cancellation request, only if the User has a valid invoice / original payment receipt, detailing the Services availed by the User or any other documents containing the details of Service.
• Any refund of Service charge under this R&C Policy shall be made within 7 (seven) to 10 (ten) working days from the date of acceptance of cancellation or refund of the Service charge. The Company does not provide any cash refund to the User and will transfer the refund amount to same account from which the payment has been made by the Company;
In case the Platform or Payment Service is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether the bank account has been debited. In case the bank account appears to be debited twice, with the same amount or different amount for the same transaction (as the case may be), the Company shall refund the extra amount debited from the Users account, after verifying such amount with the respective bank.
• The User shall directly contact to the Company for any fraudulent transaction(s) on account of misuse of card / bank details of fraudulent individual and such issues shall be suitably addressed by the Company in accordance with the policies and/or rules framed in relation thereto;
• In the event there is any claim for/ of charge back (any extra amount charge in the invoice) by the User for any reason whatsoever, such User shall immediately approach the Company with the claim details and refund thereof from the Company;
• While transferring refundable amount, charges will be applicable on such refundable amount, which depends on the mode of payment made by You, like debit card or credit card or net banking or any other mode permitted by Us from time to time.
• Any deductions / charges made by the Company through the Platform shall not be challenged by You for any reason whatsoever without intimating to the Company via email as well as written notice issued by You to the Company;
• No refund will be entertained in case Services get canceled due to any violation of terms stated in Our Payments Gateways Terms and Condition and/or Privacy Policy and such other terms, guidelines as may be updated on Our Platform from time to time to render the Services and Payment Services in an effective manner.

Force Majeure
We shall not be liable towards any loss, damage or acts in any manner whatsoever arising out of/in relation to any order, its cancellation, refund or any other matter related to the Services and/or the Payment Services offered by Us on Our Platform for any events which are beyond Our control, including but not limited to events such as outbreak of any epidemic, pandemic, weather conditions, flood, fire, natural calamities, act of god, strike, mechanical breakdown, war, hostilities, riot, disorder, lockout and any change in laws (“Force Majeure Events”).

Amendments
This R&C Policy is subject to change, alteration or modification from time to time without any notice provided to You, for which shall be updated and posted with such changes, alterations or modifications on the Platform and therefore a periodic review of this R&C Policy from Your end is recommended to keep You updated with the changes, alterations and modifications incorporated in the R&C Policy.

Grievance Officer

Governing Law and dispute Resolution
This Policy shall be governed by and construed in accordance with the laws of India. All the disputes in relation to this Policy shall be adjudicated exclusively by/before the competent court/tribunal in Ahmedabad only.