
Terms & Conditions
Terms & Conditions Contractual Relationship These Terms of Use ("Terms") govern the access to or use by you, an individual or an entity, placing a Delivery Request for or accessing applications, websites, content,
products, and services made available by LOGI AND KOURIER LOGISTIC PRIVATE LIMITED ("KourierX"), CIN: U53200MH2023PTC402587, a corporation organized and existing under the laws of India, with its registered address at: 604, Floor 6, 3, Shivmudra C Laxminarsingh Papan Marg, Worli, Mumbai, Maharashtra, 400018, India.
If you are accessing or using KourierX Services on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to "you" or "Client" refer to your company. KourierX Services enable an authorized Courier to seek, receive, and fulfill Delivery Requests for Courier Services from an authorized Client of KourierX’s Applications and Site in India. These Terms of the Site and Applications provided by KourierX define the conditions under which KourierX grants the Clients and Couriers a license to use the Site and Applications to enable the Clients to entrust the Couriers with Delivery Requests and pay them, all within a determined contractual framework under the conditions set out in these Terms. The Couriers are independent of KourierX. KourierX o ers a Site and Applications enabling a Client to make contact with a Courier to have the Delivery of Goods made under these Terms. The service o ered by KourierX is that of putting the Client and the Courier in contact only. It is the sole responsibility of the Courier to make the Delivery Request. KourierX is not party to the contract entered into between the Client and the Courier with regard to the Delivery Request. Before making a Delivery Request, the Client should read these Terms in full to ensure that they understand the terms under which KourierX and the Couriers provide the respective services.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. KourierX does not facilitate or arrange the supply of goods via KourierX Services. These Terms comprise the following: • Part A – "General use of KourierX Services, restrictions, ownership, and payment methods provided by KourierX to its Clients and Couriers through the use of Site/Applications." • Part B – "Use of KourierX Services and Liability Terms between Courier and Client of Site/Applications, which apply to the Courier Services provided by the Courier to a Client of the Site kourierx.com/in (the “Site”) and Applications." • Part C – "Courier Terms" which apply to relations between the Client and the Courier only for the Delivery Request. • Part D – "Site Terms" which apply to the general use of the Site, regardless of whether any KourierX Services are received. • Part E – "General Terms" which apply to the use of KourierX Services and these Terms. • Part F – "Special Conditions" which apply to the use of specific KourierX Services. Schedule I Schedule II Schedule III Applicable contracts, including: • Schedule III A: Technology Service Agreement between the Client and KourierX – applies to contractual relations between KourierX and the Client; • Schedule III B: Agreement for Providing Courier Services – applies to contractual relations between the Client and the Courier.
Acceptance of the Terms
Acceptance of the Terms The use of the Site and Applications is subject to acceptance of these Terms. Only the acceptance of these Terms enables the Members to access KourierX Services o ered through the Site and Applications. These Terms must be accepted in their entirety and without modification. By accepting these Terms, you agree to comply with all provisions outlined within this agreement. These Terms include clauses related to the Delivery of Goods, which are expressly accepted by the Client through issuing a Delivery Request. No special condition or other general conditions issued by the Client and/or the Courier shall prevail over these Terms. Any such conditions will be superseded by the provisions outlined herein, unless explicitly agreed upon in writing by KourierX.
Amendments to the Terms
Amendments to the Terms KourierX reserves the right to amend these Terms at any time, notably due to the evolution of the functionalities o ered by the Site and the Applications or the rules of operation of KourierX Services. The amendment shall take e ect immediately upon making the amended version of the Terms available through the Site, which every Member must have first read and accepted in order to continue using KourierX Services. If a Member objects to the amendment to the Terms, they must refrain from using the Site or Applications and KourierX Services. When the amendment occurs after payment by the Client of a sum of money corresponding to a Delivery Request, the amendment shall not apply to the transaction in progress. If the amendment entails changes to the procedure for access to and/or use of the Site and/or Applications, KourierX shall inform the Member of such changes via mobile application push notifications or by email at the address notified by the Member.
Definitions
Definitions In these Terms, capitalized terms shall have the meanings set out below: “Account” means the user account created by the Member at the time of registration for the purpose of availing KourierX Services. “Applications”/“App” or “KourierX App” means the computer applications accessible from a Device and enabling access to KourierX Services and shall include the website www.kourierx.com, mobile applications KourierX for Android and iOS. “Assigned Courier” means the Courier automatically chosen to provide the Courier Services to the Client. “KourierX Services” means KourierX on-demand lead generation and related services that enable the Client to seek and receive on-demand requests for Courier Services from the Courier. Such KourierX Services include access to the KourierX App/website and KourierX’s software, payment services, and related support services systems, as may be updated or modified from time to time. “Client” means an end Client who is either an individual or a corporate entity represented by a duly authorized individual, authorized by KourierX to use KourierX Services for the purpose of obtaining Courier Services. “Client Content” means any Content that the Client saves, submits, posts, displays, uploads, shares, or transmits through their KourierX profile, including but not limited to images, photos, documents, contact details, and any other Content or information that the Client stores or makes available on the Site and/or Applications. “Collection Address” means the collection address of the Goods stated on the Delivery Request. “Content” includes, without limitation, data, text, written posts, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, and all other forms of information or data. “Customer Services” means the portion of the Applications that allows Clients to contact KourierX Services for addressing any queries related to the KourierX Services. “Courier” means the independent person registered in the Courier App, seeking to render the Courier Services. “Courier App” means the mobile application provided by KourierX that enables Couriers to access KourierX Services for the purpose of seeking, receiving, and fulfilling on-demand requests for Courier Services from the Client, as may be updated or modified from time to time. “Courier Services” means the provision of courier delivery services to the Client by Couriers via KourierX Services within the Territory. “Delivery Address” means the delivery address or multiple delivery addresses for the Goods stated on the Delivery Request. “Delivery Request” means a request posted by a Client for a Courier’s acceptance to provide the Delivery Services set out in the Request Details. “Delivery (ies) of Goods” or “Delivery Services” means the Courier Services provided by the Courier(s) to the Client via the Applications. “Device” means the Client’s or the Courier’s Device, through which the Client or the Courier will access KourierX Services; it means a mobile device, computer/laptop owned, or any other device owned or controlled by the Member: (a) that meets the specifications for mobile devices as set forth at www.kourierx.com and (b) on which the App has been installed as authorized by KourierX for the purpose of obtaining or providing Courier Services that can allow the Member to have access to the website of KourierX, i.e., www.kourierx.com. “Excluded Items” means the excluded items listed in Schedule I. “Force Majeure Event” means any circumstance not within a Party’s reasonable control, including, without limitation: • Acts of God, flood, drought, earthquake, or other natural disasters. • Epidemic or pandemic. • Terrorist attacks, civil war, civil commotion, riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking o of diplomatic relations. • Nuclear, chemical, or biological contamination or sonic boom. • Any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota, or prohibition, or failing to grant a necessary license or consent. • Collapse of buildings, fire, explosion, or accident. • Any labor or trade dispute, strikes, industrial action, or lockouts. • Non-performance by suppliers or subcontractors. • Interruption or failure of utilities. “Goods” means the item(s) subject to the Delivery Request, with the exception of Excluded and prohibited Items. “Member” means either the Courier or the Client. “Method of Transport” means the method(s) used by the Courier to carry the Goods for the purposes of making the Delivery of Goods, including (i) transport on foot, (ii) transport by bicycle, (iii) transport on moped/motorbike, or (iv) transport by land motor vehicle, hereinafter referred to as “Vehicle(s)”. “Recipient” means the person (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the Client as Recipient of the Goods and located at the Delivery Address or, where applicable, within a nearby adjacent area. “Request Details” means all details to be provided by the Client when requesting Delivery of Goods via the Site or Applications, including the following: Delivery Addresses, timeslots, nature of Goods, weight of parcels, Client and Recipient’s valid mobile phone numbers. “Party (ies)” means any of the parties, being the Courier, the Client, or KourierX. “Prohibited Item” means the items listed in Schedule 1. “SC” means the special conditions of these Terms that apply to the Couriers only. “Sender” means the individual (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the Client as sender of the Goods and located at the Collection Address. “Service Fee” means a quote, calculated automatically by KourierX for the KourierX Services billed to the Client under the conditions set out in Schedule II. “Site” means www.kourierx.com, providing access to KourierX Services. “Technology” means the Site, Applications, and any other method introduced by KourierX that allows for the automated placing of Delivery Requests between a Client and a Courier. “Terms” means these terms and conditions and their schedules. “Territory” means India, where the Client can request delivery of Goods.
Certainly! Below is the revised version of the document with the required changes, reflecting Logi and Kourier Logistic Private Limited, and KourierX as requested: 1. Ownership Logi and Kourier Logistic Private Limited, and KourierX Services, along with all rights therein, shall remain the exclusive property of KourierX or its licensors. These Terms, and your use of KourierX Services, do not grant you any rights: (i) in or related to KourierX Services except for the limited license provided herein; or (ii) to use or reference in any manner the company names, logos, trademarks, or service marks of KourierX, Logi and Kourier Logistic Private Limited, or KourierX, or those of their respective licensors. 2. Your Use of the Services Accounts To access and use most aspects of KourierX Services, you must register for and maintain an active personal Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if di erent from 18), to obtain an Account. Account registration requires you to submit certain personal information, such as your name, address, mobile phone number, age, and at least one valid payment method (either credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to keep your Account information accurate, complete, and current, including maintaining an invalid or expired payment method, may result in your inability to access or use KourierX Services, or the termination of these Terms by KourierX. You are responsible for all activities that occur under your Account and agree to maintain the security and confidentiality of your Account details, including your username and password. Unless otherwise authorized by KourierX, you may only possess one Account. 3. Disclaimer KourierX Services are provided "AS IS" and "AS AVAILABLE." KourierX and KourierX disclaim all representations and warranties, whether express, implied, or statutory, not explicitly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. KourierX and KourierX do not guarantee the reliability, timeliness, quality, suitability, or availability of KourierX Services or any services or goods requested through the use of KourierX Services. Further, they do not guarantee that KourierX Services will be uninterrupted or error-free. You expressly agree that your use of KourierX Services is at your own risk, and KourierX and KourierX will not be liable for any damages arising from such use, to the maximum extent permitted by applicable law. KourierX Services may be subject to delays, limitations, and other issues inherent in the use of the internet and electronic communications. KourierX will not be liable for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems. KourierX and KourierX reserve the right to remove or block your Account immediately if they believe you are using KourierX Services in violation of these Terms. They may also provide relevant information to legal or statutory authorities as required. KourierX makes no warranty or guarantee regarding the content or quality of services provided through KourierX Services. 4. Limitation of Liability KourierX, Logi and Kourier Logistic Private Limited, and KourierX shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, loss of business, or goodwill, or personal injury related to, in connection with, or arising from any use of KourierX Services, even if they have been advised of the possibility of such damages. KourierX and KourierX’s total liability for all claims and damages arising from your use of KourierX Services shall not exceed: (i) ₹50,000 INR if you have not used the "Declare Your Value" feature on the KourierX platform, or (ii) the declared value of the parcel (if you have used the "Declare Your Value" feature), whichever is lesser. KourierX Services may be used by you to request courier delivery of goods through third party providers. However, you agree that KourierX and KourierX are not responsible for the acts, omissions, or performance of these third-party providers. KourierX and KourierX are not insurers and do not o er insurance coverage for the goods being transported. The liability for any loss or damage to goods is limited to the terms set forth in these Terms, particularly in connection with the "Declare Your Value" feature. 5. Indemnity You agree to indemnify, defend, and hold harmless KourierX, Logi and Kourier Logistic Private Limited, KourierX, and their respective o icers, directors, employees, agents, and a iliates from and against any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or related to: (i) your use of KourierX Services or the goods obtained through KourierX Services; (ii) your violation of these Terms; (iii) any infringement of third-party rights, including intellectual property rights, or (iv) the misuse or misappropriation of your content by KourierX. 6. Same-day Terms (End-of-Day) 1. Medical Supplies and Pharmaceuticals: The transportation of medical supplies, such as prescription medications, vaccines, blood samples, or medical devices, may require strict temperature control, specialized packaging, or regulatory compliance. You acknowledge that the transport of such items is at your own risk, and neither KourierX nor KourierX will be liable for any loss, damage, or harm to these items during transport. 2. Packaging Responsibility: You are solely responsible for ensuring that all items, including perishable goods and medical supplies, are adequately packaged for transport. KourierX and KourierX do not o er packaging services and will not be liable for any damages arising from improper packaging. 3. Limitation of Liability: You are responsible for any loss or damage caused by improper packaging or violation of these Terms. KourierX and KourierX will not be held responsible for any damages or losses arising from improperly packaged items or breaches of these Terms. 4. Customer Acknowledgment: By using KourierX Services, you acknowledge and accept the risks associated with transporting perishable goods and medical supplies as outlined in this section. 5. Governing Law These Terms and any contract between you and KourierX shall be governed by and interpreted in accordance with Indian law. Any disputes between you and KourierX or KourierX shall be subject to the exclusive jurisdiction of the courts in Mumbai, India. 6. General You may not assign or transfer these Terms, in whole or in part, without prior written approval from KourierX. KourierX reserves the right to assign or transfer these Terms to any subsidiary, a iliate, or successor entity, including in the event of a merger or acquisition. If any provision of these Terms is found to be illegal, invalid, or unenforceable, such provision will be severed, and the remaining provisions will remain in full force and e ect. These Terms represent the entire agreement between you and KourierX and supersede all previous agreements or understandings. If you have any outstanding dues or short charges from previous deliveries, KourierX reserves the right to claim such amounts before allowing you to place a new delivery request.