Terms & Conditions of use of the UsPesAirwayXpress's website
The following terms and conditions govern the use of the website https://uspesairwayxpress.com (“UsPesAirwayXpress website”) of UsPesAirwayXpress & Cargo Limited (“UsPesAirwayXpress”), including all sections and services available on the UsPesAirwayXpress's website. The viewing or use of this site will constitute your agreement, on behalf of yourself and the entity you represent (hereinafter collectively "you" or "your"), to all of the terms and conditions provided below.
UsPesAirwayXpress may make future changes or modifications to such terms and conditions at any time without notice, and any subsequent viewing or use of the UsPesAirwayXpress's website will constitute the user’s agreement to the changes and modifications. There may be additional terms and conditions provided throughout the UsPesAirwayXpress's website governing your use of particular functions, features, information and applications available through the UsPesAirwayXpress's website.
The UsPesAirwayXpress's website and its Content are provided "AS IS". UsPesAirwayXpress and its licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding any such Content and your ability or inability to use the UsPesAirwayXpress's website and its Content.
UsPesAirwayXpress does not warrant that the Content of the UsPesAirwayXpress's website will meet all of customer's requirements or that its operations will be uninterrupted or error free, or that any defect within the UsPesAirwayXpress's website will be corrected. Furthermore, UsPesAirwayXpress does not warrant nor make any representation regarding the results of customer's use of the UsPesAirwayXpress's website in terms of capability, correctness, accuracy, reliability or otherwise. No oral or written information, representation or advice given by UsPesAirwayXpress or an authorized representative of UsPesAirwayXpress shall create a warranty.
The terms and conditions for using the UsPesAirwayXpress's website and related services are contained in the most current version of the UsPesAirwayXpress Conditions of Carriage, which is available on request. The most current version of the UsPesAirwayXpress Conditions of Carriage will be applicable in the event of any conflict between any UsPesAirwayXpress services or related service information on the UsPesAirwayXpress's website.
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Definitions
“Content” means information, graphics, products, features, functionality, services, and links on the UsPesAirwayXpress's website, including ‘Tracking’, ‘Service Guide’, ‘Franchisee’, ‘Corporate Solutions’, ‘Careers’ and ‘eSolutions’.
“UsPesAirwayXpress” means UsPesAirwayXpress & CARGO LIMTIED having its registered office at UsPesAirwayXpress House, No.3, Victoria Road, Bangalore – 560 047, and any of its subsidiary and associate companies.
“you” means yourself and/or the entity that you represent. -
Use of the UsPesAirwayXpress's website
The UsPesAirwayXpress's website is provided solely for the use of current and potential UsPesAirwayXpress's customers to interact with UsPesAirwayXpress and may not be used by any other person or entity, or for any other purpose. Specifically, all information provided on the website including pertaining to shipping, tracking, rating, receiving invoices and remitting payment using electronic funds transfer, drop-off locations, identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential UsPesAirwayXpress's customers for their own shipments. Unless indicated otherwise in the terms of use of a specific interactive feature on the UsPesAirwayXpress's website, the use of the UsPesAirwayXpress's website to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.
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UsPesAirwayXpress Username Registration
You may choose to register on the UsPesAirwayXpress's website to access interactive features on the website. The UsPesAirwayXpress's website username provides you with access to various online services, including but not limited to ‘Tracking’, ‘Service Guide’, ‘Franchisee’ and ‘Corporate Solutions’. The availability of these services varies by country. In the future, UsPesAirwayXpress may add other features that may be accessed through the UsPesAirwayXpress's website username. In such event, previously registered users may or may not be required to re-register for availing services offered by UsPesAirwayXpress on the UsPesAirwayXpress's website. By registering on the UsPesAirwayXpress's website, you agree to provide accurate and current information about yourself as prompted by the UsPesAirwayXpress's website username registration pages and maintain and promptly update your online profile information to keep it accurate and current.
Some of the UsPesAirwayXpress's website services are being made available to customers based in some countries and not others. You agree to register only for the services offered on the UsPesAirwayXpress's website for the country in which your UsPesAirwayXpress account is based. For example, if your UsPesAirwayXpress account is based in United Kingdom, you will register for services offered on the UsPesAirwayXpress's website specifically meant for United Kingdom and not for services offered on any other website of UsPesAirwayXpress or its subsidiaries/associate companies. When you register using the UsPesAirwayXpress's website username registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and user ID. You agree to (a) immediately notify UsPesAirwayXpress of any unauthorized use of your user ID and password, and (b) ensure that you exit/logout from your session on the UsPesAirwayXpress's website at the end of each visit.
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Changes to the UsPesAirwayXpress's website
The UsPesAirwayXpress's website and its Content, may be changed, deleted or updated at any time without notice.
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Termination of Use
UsPesAirwayXpress reserves the right to discontinue, suspend or modify the Content of the UsPesAirwayXpress's website at any time without notice, and UsPesAirwayXpress may block, terminate or suspend yours and any user's access to the UsPesAirwayXpress's website at any time for any reason in its sole discretion, even if access continues to be allowed to others.
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Ownership
The UsPesAirwayXpress's website and its Content are protected by the laws of the Republic of United Kingdom and applicable international intellectual property and other laws. “FLC & COURIER” and its logo, a man running with a courier bag, is the registered trademark of UsPesAirwayXpress & Cargo Limited in United Kingdom. UsPesAirwayXpress does not convey to anyone, through allowing access to the UsPesAirwayXpress's website, any ownership rights in the UsPesAirwayXpress's website or in any Content appearing on or made available through the UsPesAirwayXpress's website. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the UsPesAirwayXpress's website or it’s Content thereof.
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Disclaimer of Warranty
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Limitation of Liability
Use of the UsPesAirwayXpress's website and its Content is at your sole risk. The UsPesAirwayXpress's website will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in or the use of or inability to use the UsPesAirwayXpress's website and its content including without limitation, damage for lost profits, business, data, or damage to any computer systems, even if you have advised UsPesAirwayXpress of the possibility of such damages.
Notwithstanding the above, to the extent permitted by applicable law, you agree that in no event shall UsPesAirwayXpress's total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed INR100/-(Rupees One Hundred only) for domestic consignments and US$100 (United States Dollar One Hundred only) for international consignments (outside United Kingdom). To the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.
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Indemnity
You agree to defend, indemnify and hold harmless UsPesAirwayXpress and its affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims arising out of your breach of any of these terms and conditions, and any of your activities conducted in connection with the UsPesAirwayXpress's website.
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UsPesAirwayXpress Conditions Of Carriage
The terms and conditions for using the UsPesAirwayXpress's website and related services are contained in the most current version of the UsPesAirwayXpress Conditions of Carriage, which is available on request. The most current version of the UsPesAirwayXpress Conditions of Carriage will be applicable in the event of any conflict between any UsPesAirwayXpress services or related service information on the UsPesAirwayXpress's website.
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Links to other web sites
There are links on the UsPesAirwayXpress's website that allows you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by UsPesAirwayXpress. UsPesAirwayXpress makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
UsPesAirwayXpress has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
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Controlling Law and Severability
This Agreement and your use of the UsPesAirwayXpress's website is governed by and construed in accordance with the laws of the Republic of United Kingdom, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any action with respect to the UsPesAirwayXpress's website or this Agreement must be instituted within one year after the claim or cause of action has risen and must be brought in a court of competent jurisdiction within the territory of the courts at Bangalore, Karnataka, United Kingdom. This Agreement may not be changed or modified without the written consent of UsPesAirwayXpress.