BY CONTINUING USAGE OF THIS WEBSITE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF USAGE OF THIS WEBSITE. IF YOU FIND ANY OF THESE TERMS AND CONDITIONS UNACCEPTABLE, DO NOT CONTINUE BROWSING THIS WEBSITE . YOUR CONTINUED USAGE OF THE WEBSITE SHALL OPERATE AS LEGALLY ENFORCEABLE BINDING CONTRACT BETWEEN YOU AND Celcius
TERMS AND CONDITIONS
This Celcius WEBSITE Terms and Conditions contains the terms and conditions that govern your access to and use of the website (as defined below) and is an agreement between Celcius Logistics Solutions Pvt. Ltd. (“celcius,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). This Agreement takes effect when you access the website. These terms and conditions are an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended from time to time.
You represent and warrant to us that you are competent and possess legal capacity to enter into a Contract (i.e. you have attained at least 18 years of age, you have capacity to enter into agreements as per The Contract Act).
1. Use of the WEBSITE.
1.1 Generally. You may access the contents of the Website, products, service or feature in accordance with the following terms and conditions. You undertake to comply with these terms and conditions and all laws, rules and regulations applicable to your use of the Website.
1.2 You undertake and warrant that any information provided by you to Celcius is correct and valid. In case of any wrong information/impersonation/furnishing of wrong information, you shall be liable for consequences and you shall indemnify Celcius against any such loss, damage, consequences, which may have to be faced by Celcius due to such breach. In case it is found that the information provided is false, Celcius may deny access to the Website immediately without prejudice to any of the terms envisaged under these terms and conditions, Celcius may also initiate any such actions against you as it may deem proper.
2.1. To the Website, products, services or features. We may change or discontinue any or all of the Service Offerings or change or remove functionality of any or all of the Service Offerings from time to time.
3. LAWFUL AND / OR PROHIBITED USE OF THE WEBSITE:
4. Proprietary Rights.
4.1 We own all rights, titles, and interest in and to the Service Offerings, and all related technology and intellectual property rights. Subject to the terms of these terms and conditions, we grant you a limited, revocable, non-exclusive, non-sub licensable, non-transferrable license to do the following: (a) access and use the Services solely in accordance with these terms and conditions; You obtain no rights under these terms and conditions from us, our affiliates to the Service Offerings, including any related intellectual property rights.
4.2 License Restrictions. You shall use the website in the manner as provided for in these terms and conditions. You shall not use the website for any purpose other than as expressly permitted by these terms and conditions. You will not attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content in the Website, products, services or features, (b) reverse engineer, disassemble, or decompile the Website, products, services or features or apply any other process or procedure to derive the source code of any software included in the Website, products, services or features, (c) resell or sublicense the Website, products, services or features. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours).
4.3 Suggestions. If you provide any Suggestions to us or our affiliates, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.
5.1 General. You will defend, indemnify, and hold harmless us, our affiliates and each of our/their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your use of the Website, products, services or features; (b) breach of these terms and conditions or violation of applicable law by you; or You will be liable to reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party notices or other compulsory legal order or process associated with third party claims described in (a) through (b) to the tune of loss/damages incurred.
Website and its features provided “as is.” except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, we and our affiliates (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third-party content, and (b) disclaim all warranties, including any implied or express warranties (I) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the service offerings or third-party content will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.
7. Limitations of Liability.
We and our affiliates will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if a party has been advised of the possibility of such damages. Further, neither we nor any of our affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the services, including as a result of any (I) termination or suspension of this agreement or your use of or access to the service offerings, (ii) our discontinuation of any or all of the service offerings, or, (iii) without limiting any obligations under the order level agreements, any unanticipated or unscheduled downtime of all or a portion of the services for any reason; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the service offerings; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your content or other data.
8. Modifications to these Terms and Conditions.
We may modify these Terms and Conditions (including any Policies) at any time by posting a revised version on the Celcius Website; By continuing to use the Website after the effective date of any modifications to these Terms and Conditions, you agree to be bound by the modified terms. It is your responsibility to check the Celcius Site regularly for modifications to these Terms and Conditions. These terms and conditions were modified last on the date mention at the end of these Terms and Conditions.
9.1 You may be asked to provide your personal information to avail our services or to gain benefit of this website. We will take every reasonable effort not to share any of the transportation details, personal information you have provided to us at the time of registration, booking of the order, except as required under any Applicable Law, or to the limited extent necessary for us to place a truck and provide necessary service through our service partners/market hires, may also combine it with other information to provide and improve our products, services, content and advertising. We will bear no liability for the consequences in any event where your information has been willingly or inadvertently shared by you with any third party.
9.2 You hereby expressly consent to receive communications from us through your registered phone number and/or e-mail address if any. You consent to be contacted by Us via phone calls, emails and/ or SMS notifications. You agree that any communication so received by you from us will not amount to spam, unsolicited communication or a violation of your registration on the national do not call registry.
9.3 You shall not forge headers or other wise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us through the application or any service offered by us through this Website.
9.4 You shall not use this website or any content provided herewith for any purpose that is unlawful or prohibited by these Terms and Conditions or to solicit the performance of any illegal activity that infringes our rights or that of any third party.
9.5 You shall not use the website in any manner that could damage, disable, overburden, block or impair any of the server connected to this website. You shall not attempt to or gain unauthorised access to the website or any other products or features through hacking, impersonation, password mining or by any other means.
9.6 You shall understand that Celcius has all right to disclose any information (including the identity of the person/s providing information or materials on the website) as necessary to satisfy any law, regulation or as sought by any Govt. Agency. In this case, you expressly authorise us to share such information of yours/ entity you are representing to such Govt. Agency.
10.1 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms and Conditions where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
10.2 Governing Law. The laws of India, without reference to conflict of law rules, govern these Terms and Conditions and any dispute of any sort that might arise between you and us.
10.3 Disputes. Any dispute or claim relating in any way to your use of the website, or to any products or services sold or distributed by Celcius will be resolved by way of Arbitration, in accordance with Arbitration and Conciliation Act, 1996 or any subsequent amendments to the same. The place of Arbitration shall be Bengaluru. The language of Arbitration shall be in English.
10.4 Compliance. You shall comply with all applicable laws, rules and regulations.
10.5 Language. All communications and notices made or given pursuant to this Terms and Conditions must be in the English language. If we provide a translation of the English language version of this Terms and Conditions, the English language version of the Terms and Conditions will control if there is any conflict.
10.6 Confidentiality and Publicity. You will not disclose Celcius Confidential Information during the Term or at any time during the 5-year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Celcius Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to these Terms and Conditions or your use of the Service Offered by Celcius.
10.7 Feedback. (a) We welcome your input regarding our Policy and any comments on the Services we provide to you. You may send us your comments and responses by post to enquiries@Celcius.com.
10.8 No Third-Party Beneficiaries. Except as set forth in these Terms and Conditions, these Terms and Conditions do not create any third-party beneficiary rights in any individual or entity.
10.9 No Waivers. The failure by us to enforce any provision of these Terms and Conditions will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
10.10 Severability. If any portion of these Terms and Conditions are held to be invalid or unenforceable, the remaining portions of the Terms and Conditions will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms and Conditions but the rest of the Terms and Conditions will remain in full force and effect.
11. THIRD PARTY CONTENT:
The Website makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the "Third Party Content"). You acknowledge and agree that the Third Party Content is not created or endorsed by Celcius. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by Celcius or the providers of the Third Party Content as to its accuracy, completeness, timeliness.
By using any Third Party Content, You may leave this Website and be directed to an external website, or to a website maintained by an entity other than Celcius. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. Celcius makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Celcius or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Celcius or any of its affiliates or subsidiaries.
You hereby expressly acknowledge and agree that the linked sites are not under the control of Celcius and Celcius is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Celcius is not responsible for webcasting or any other form of transmission received from any linked site