Terms & Condition
Terms & Condition
The following demonstrates the User Agreement (hereinafter referred to as the "Agreement") between PackSetu and the users of the website.
Before you subscribe to and/or begin participating in or using the website, PackSetu believes that the user(s) have fully read, understood, and accepted the Agreement.
If you do not agree to or wish to be bound by the Agreement, you may not access or otherwise use the website.
The website by the domain name "www.PackSetu.com" and any associated mobile applications (hereinafter collectively referred to as the "Platform") are owned and managed by PackSetu.
Any and all use of this Platform is subject to, and constitutes acknowledgement and acceptance of, the following Terms and Conditions ("Terms"). It is mandatory for all users of the Platform to have read carefully, fully understand, and be in total agreement to the below-mentioned Terms before they proceed to use any of the services of the Platform ("Services"). The Services are available only to those individuals, firms, or companies who can form legally binding contracts under the laws applicable to them. Your use of the Platform is governed by the following terms and conditions.
PackSetu is a software as a service (SAAS) based enterprise resource planning platform for corrugated box manufacturing units that allows registered users to manage and streamline various business processes, such as inventory management, financial planning, and project management, subject to these T&Cs.
AMENDMENT TO USER(S) AGREEMENT
PackSetu may change, modify, amend, or update this Agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately upon posting. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If you do not adhere to the changes, you must stop using the Platform. Your continuous use of the Platform will signify your acceptance of the changed terms.
User(s) means any individual or business entity that legally operates and has the right to use the Services provided by the Platform. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. PackSetu advises its users to follow/abide by the related laws while accessing the Platform. PackSetu is not responsible for the possible consequences caused by your behaviour during the use of the Platform. PackSetu may, in its sole discretion, reserve the right to terminate your membership and refuse to provide you with access to the Platform at any time. We record the activities of our users, including but not limited to your contact details and profiles, and use the same to provide value-added services to our users.
As you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and have the authority to bind that business entity to this User Agreement. Please note that our Platform is not risk-proof.
REGISTRATION AND YOUR ACCOUNT
To become a Registered User, there is a proper registration procedure to facilitate easy log-in.
User(s) can become a Registered User by filling out an online registration form on the Platform and providing the required information (e.g., name, contact information, business details, etc.). PackSetu will establish an account ("Account") for the user upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account.
USER ACCOUNT, PASSWORD, AND SECURITY
You are responsible for maintaining the confidentiality of your User ID and Password and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify PackSetu of any unauthorized use of your User ID or Password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. PackSetu cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not PackSetu, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via the Services. PackSetu does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content.
You agree to not use the Services to:
upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a PackSetu official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
intentionally or unintentionally violate any applicable local, state, national, or international law, regulation, or rule;
"stalk" or otherwise harass another;
collect or store personal data about other users; or
use the Services for any illegal or unauthorized purpose.
You acknowledge that PackSetu reserves the right to, but has no obligation to, monitor the Services and Content transmitted thereon. PackSetu shall have the right, but not the obligation, to remove any Content that violates the terms of this Agreement or is otherwise deemed offensive by PackSetu in its sole discretion.
You acknowledge and agree that PackSetu shall have the right to preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PackSetu, its users, and the public.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that PackSetu is not responsible for any Content sent using the Services by a third party.
MODIFICATION OF TERMS OF SERVICE
PackSetu reserves the right to modify the terms of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the PackSetu website. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes.
PackSetu respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PackSetu's copyright agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the PackSetu platform;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PackSetu's copyright agent can be reached by contacting:
PackSetu OPC Private Limited, Pune, India
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PACKSETU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PACKSETU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PACKSETU OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PACKSETU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PACKSETU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES.
You agree to indemnify and hold PackSetu and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms of Service, or your violation of any rights of another.
This Agreement and the relationship between you and PackSetu shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and PackSetu agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Mumbai, India.
Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration administered by the Indian Council of Arbitration in accordance with its Indian Rules of Arbitration, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
WAIVER AND SEVERABILITY OF TERMS
The failure of PackSetu to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
QUESTIONS AND CONTACT INFORMATION
If you have any questions about the Terms of Service, please contact PackSetu at hi@PackSetu.com.
MODIFICATION OF SERVICE
PackSetu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PackSetu shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Services may contain links to third-party websites that are not owned or controlled by PackSetu. PackSetu has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, PackSetu will not and cannot censor or edit the content of any third-party website. By using the Services, you expressly relieve PackSetu from any and all liability arising from your use of any third-party website.
You agree that PackSetu, in its sole discretion, may terminate your use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if PackSetu believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. PackSetu may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be affected without prior notice, and acknowledge and agree that PackSetu may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that PackSetu shall not be liable to you or any third party for any termination of your access to the Services.
The Terms of Service constitute the entire agreement between you and PackSetu and govern your use of the Services, superseding any prior agreements between you and PackSetu (including, but not limited to, any prior versions of the Terms of Service). You may also be subject to additional terms and conditions that may apply when you use or purchase certain other PackSetu services, affiliate services, third-party content, or third-party software. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. PackSetu's failure to enforce any right or provisions of the Terms of Service will not be deemed a waiver of such provisions or rights. PackSetu will not be responsible for failures to fulfil any obligations due to causes beyond its control.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.