OXA Terms And Conditions
BY CONTINUING USAGE OF THIS WEBSITE/ MOBILE APPLICATION (“WEBSITE”), YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF USAGE OF THIS WEBSITE AND THE TECHNOLOGY PLATFORM PROVIDED ON THE WEBSITE FOR MEETING THE BUSINESS REQUIREMENTS (COLLECTIVELY REFERRED TO AS “THE 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 THE COMPANY, OXA GLOBAL LIMITED, P.O. BOX No. 114429, DUBAI, UAE.
TERMS AND CONDITIONS:
This 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 OXA GLOBAL LIMITED, P.O. BOX No. 114429, DUBAI, UAE(“Oxa,” “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, duly published on the WEBSITE, in terms of Information Technology Act, 2000 (“IT Act”) and rules thereunder as applicable and also the provisions pertaining to electronic records in various statutes in India 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 Indian Contract Act, 1872). You acknowledge that Oxa does not provide any logistics or transport services or functions as a fleet / truck owner or as a shipper of goods. You further understand and agree that Oxa is an online technology platform, acting as an intermediary between the logistic service providers / truck owners and the end users.
- i. It cannot and does not have any knowledge or information about the LSP or the Shipper, which is not disclosed by the LSP / Shipper itself, at the time of listing / opening of the account, as the case may be;
- ii. It cannot and does not have any knowledge or information about any contract between the LSP and Shipper in relation to the transaction, other than the booking details of the transaction.
- iii. OXA has no control, whatsoever, on the accuracy of the listing, ratings, and other third-party information, relating to the LSP, which is made available on the platform;
- iv. OXA does not take responsibility of the completion of the delivery, which responsibility is solely of the LSP and will be govern by the contract / arrangement between the LSP and the Shipper. OXA is merely an intermediary and is not involved, in any manner, whatsoever, in the transaction or any part thereof.
- v. OXA strongly recommends its users, customers, shippers et al. to enter into transaction through its platform, only upon careful consideration of the above and other such caveats. For any further information or clarification, please feel free to ask our customer care.
1. Access and Use of the WEBSITE:
1.1 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 Oxa 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 Oxa against any such loss, damage, consequences, which may have to be faced by Oxa due to such breach. In case it is found that the information provided is false, Oxa may deny access to the WEBSITE immediately without prejudice to any of the terms envisaged under these terms and conditions, Oxa may also initiate any such actions against you as it may deem proper.
2.1. We reserve the rights to 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 and that shall not be construed breach of any contract or term, whatsoever.
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 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 in 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, copy, adopt, disassemble, or decompile the WEBSITE, its UX/ UI code, products, services or features or any part thereof, 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 sub-license 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 endeavors).
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; 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.
a) WEBSITE and its features are 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, of statutory compliances by its vendors, of 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.
b) It is clarified that OXA is purely a technology platform and is an intermediary, providing conduit support between the listed service provider (“LSP”) and the end-user / customer (“Shipper”). OXA disclaims any and every role or responsibility in the transaction between the LSP and Shipper, including inter alia relating to quality, safety and/or legality of the transaction. OXA has taken reasonably necessary steps to verify the identity of the LSPs. However, OXA cannot and does not validate with certainty, the LSPs claim relating to inter alia its license, insurance, tax and other statutory payments, vehicle and other registration, title or certification. OXA strongly recommends the Shipperto verifyand satisfy themselves about the LSPs, based on which representation, the Shipper has requested for the LSP’s services through our platform.
c) OXA clearly states that:
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 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 WEBSITE 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.
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 sold or services provided by Oxashall be referred to and finally determined by an expedited arbitration in accordance with the WIPO Expedited Arbitration Rules. The arbitral tribunal shall consist of a sole arbitrator, duly appointed by Oxa. The place of arbitration shall be New Delhi. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of India. The arbitration award shall be final and binding on both parties.
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 Oxa 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 Oxa 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 Oxa.
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 at email@example.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 Oxa. The provision of ThirdParty 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 Oxa 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 Oxa. 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. Oxa makes no warranty or representation regarding, and does not endorse, any linked Website(s) or the information appearing thereon or any of the products or services described thereon. Links do not imply that Oxa 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 Oxa or any of its affiliates or subsidiaries.
You hereby expressly acknowledge and agree that the linked sites are not under the control of Oxa and Oxa 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. Oxa is not responsible for webcasting or any other form of transmission received from any linked Website.
For any complaints regarding the usage of this WEBSITE please reach out to firstname.lastname@example.org.