Last Modified: 15 March, 2019
1. www.shyplite.com (“Website” or “Platform” or “Shyplite”), is owned, registered and operated by Simba Logistics Private Limited ("Company"), a private limited company bearing CIN
U52600DL2013PTC247988, incorporated under the provisions of the Companies Act, 1956 and having its registered office at D-86, LGF, Kalkaji, New Delhi-110019. The Website is created by the Company and co-branded with Pitney Bowes India Private Limited (“Partner Company”), a private limited company bearing CIN U72200DL2004PTC126016, incorporated under the provisions of the Companies Act, 1956 and having its corporate office at Unit No. 015, 016, Ground Floor, Time Tower Building, M G Road, Gurugram, Haryana-122002, for providing services to the users of this Website or Platform in the name and style of “Pitney Bowes+Shyplite”, which is operational on the Website or Platform of the Company.
2. The entire services as offered on the Platform are solely provided by the Company. The Partner Company’s scope is only limited to co-branding the Platform and offering its hardware products (volumetric weighing devices and weighing plus printer devices) for sale to users of this Website in an offline mode under separate contract(s). The Company shall not be construed as an agent/affiliate of the Partner Company and shall not be held liable for the acts or omissions of the Partner Company’s hardware offerings. Also, the Partner Company shall not be construed as an agent/affiliate of the Company and shall not be held liable for the acts or omissions of the Company offering its services on the Platform.
3. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as 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.
1. We are aggregators of logistic services (“Services”). Through the Website or Platform, we enable the User(s) to ship orders to multiple locations, without having to deal with multiple courier companies (“Service Providers”).
b. "Authority" shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organisation to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organisation that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India;
c. "Customer Agreement" shall mean the agreement entered into/ that shall be entered into by and between you and the Company, which shall clearly state the inter- se rights and obligations between you and the Company;
d. “Content” means any information, data, text, images, video or audio or any other material available from the Website or Platform via or generated on, posted to or uploaded on the Website or Platform; and
e. “Login Details” means login details of Users or other security measure either (i) issued by the Company to the User, or (ii) created by the User, in order to identify the User and access and use the Website or Platform.
3. In order to avail the Services aggregated through the Website or Platform, you shall be required to register on the Website or Platform and sign and agree to the terms and conditions as mentioned in the Customer Agreement.
4. You agree, inter alia, to provide true, accurate, current and complete information about yourself, as prompted by the Website or Platform registration form as well as in the Customer Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current and incomplete or that you are misusing the Website or Platform in any manner, we reserve the right to indefinitely suspend, terminate or block your access to the Website or Platform and the Services aggregated through the Website or Platform.
4. Platform to connect the Users with the Service Providers
2. We do not make any representation or warranty as to the timeliness and/or the quality of the services to be provided to you by the Service Provider. We do not accept liability for any errors or omissions committed by the Service Provider or their authorised personnel while rendering the services.
3. The Service Providers are not employees or agents of the Company and the Company shall not be held liable for their actions or inactions.
4. We may, for the purpose of delivering quality Service, use, transmit and share your data with any third-party/affiliate/channel partner/group/subsidiary company(s) of Shyplite under applicable law.
5. Login Details and Security
1. The User agrees to comply with any reasonable instructions that the Website or Platform may from time to time issue to them regarding the Website or Platform security. The User agrees that it shall implement, maintain and keep current appropriate security arrangements concerning its access to and use of the Website or Platform, Services, Content and information stored on the Users’ computer systems. The Users and Shyplite shall each take all reasonable precautions to ensure that their respective communications through the Website or Platform and their own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via Website or Platform.
2. Shyplite shall apply commercially reasonable security measures in relation to the Website or Platform. Shyplite has adopted reasonable security practices and procedures comprising of managerial, technical, operational and physical security control measures with a view to ensure confidentiality and prevent unauthorized disclosure of information. The User confirms that the level of security provided by the proper use of the Login Details is adequate to protect its interests.
3. The User must not reverse engineer, decompile or otherwise interfere with or publish or make available to any third party the Login Details or any other software, data, tools or facilities made available to them in connection with the Website or Platform or Services or Content.
4. The User must notify the Company as soon as reasonably possible upon becoming aware of any actual or attempted unauthorised access to the Website or Platform or any unauthorised transaction or attempt to execute an unauthorised transaction in connection with the Services or any other circumstance that might be reasonably likely to result in any prejudice to the security of the Website or Platform or Login Details.
5. The User shall ensure that its employees and representatives do not, do anything which may result in the breach of security of the Website or Platform, Services, Content, Login Details or the systems or security of Shyplite or its affiliates, associates, agents or any other parties.
6. Eligibility/Responsibility of the User to use the Services
1. The User agrees to access and use the Website or Platform and the Services only using valid Login Details.
2. The User shall ensure that it:
a) does not violate our guidelines and polices;
b) does not violate any third-party/affiliate/channel partner/group company/subsidiary(s) rights, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
c) only uses Login Details to access and use the Services and the Content placed on the Website or Platform;
e) shall not host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonates another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and
x. hacks or accesses without permission Company’s proprietary or confidential records, records of another user, records of any third-party/affiliate/channel partner/group company/subsidiary(s) of Company or those of anyone else.
5. If any of the Users cease to be authorised to use any of the Services or Content at any point of time, the User must:
a) notify Shyplite immediately; and
b) ensure the relevant User ceases to use the relevant Login Details issued and ceases to use any part of the Website or Platform or Services or Content.
6. The Users may be unable to access or use any Services unless the Users install, implement and maintain appropriate communication facilities (including software and hardware meeting the minimum requirements from time to time notified by the Shyplite, or otherwise). However, Shyplite or its agents does not warrant that the local set-up of the User is in accordance with such minimum requirements that shall ensure access to, full functionality of or effective operation of the Website or Platform. The Users shall ensure that any party using such Services on its behalf obtains any consents and/or licences required by law for such use.
7. Representations, Warranties and Obligations of the Website or Platform
We hereby represent and warrant that:
a) we are a duly registered company under the relevant provisions of the Companies Act, 1956;
8. Representations, Warranties and Obligations of the User
You hereby represent and warrant that:
a) you are a validly incorporated business entity or is legally competent to contract, as applicable;
c) you shall provide accurate information and details, when prompted by the Website or Platform registration form and in the Customer Agreement; and
d) you shall fulfil your payment obligations for availing the Services through the Website or Platform.
9. Third Party Content and Links
Third party content, including content posted by you, does not reflect our views or that of our parent, subsidiary, affiliate, partner companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of your content or any third party content. You further acknowledge and agree that Shyplite or its partner/subsidiary/affiliate company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
10. Intellectual Property Rights
1. All content included on the Website or Platform, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is our property and is protected by the Applicable Laws with respect to intellectual property rights. We reserve the right to terminate your engagement with us, if we, in our sole and absolute discretion, believe that you are in violation of this clause.
2. The content made available on or via the Website or Platform, is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights, not expressly granted in and to the Website or Platform.
3. ‘Shyplite’ and ‘Pitney Bowes’ are the brands of the Company and Partner Company respectively. The Website: www.shyplite.com is the domain of the Company and is co-branded in the name and style of ‘Pitney Bowes+Shyplite’. The Website or Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company.
4. The trademarks, domain names and trade dress of the Company and/or Partner Company shall not be used or reproduced without prior written approval from the Company and/or Partner Company, and may not be used in connection with any product or service that is not affiliated with the Company.
11. User feedback/comments/ suggestions
1. While rating/ submitting/ posting comments/ suggestions/ opinions/ feedback etc. (“User Feedback”), the User agrees and acknowledges that:
a. the User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
b. the User Feedback shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate;
c. we are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
d. we reserve the right to use or disclose such User Feedback for any purpose, in any way, as we deem fit; and
e. by posting/ submitting User Feedback, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to you.
12. Nature of Information and Data Privacy
13. Fraud and Improper Conduct
1. You may only access the Website or Platform and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to your use of the Services. You agree that you will not in any way:
a. interfere with the ability of others to access or use the Website or Platform or the Services or the Content aggregated through the Website or Platform;
b. disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users ability to use the Website or Platform or the Services or the Content;
c. 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;
d. upload or post or transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;
e. you shall not attempt to interfere with any other user’s use of the Website or Platform or the Services or the Content aggregated through the Platform; and
f. you shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Service, including, without limitation, with respect to any identifying information about yourself, and all information that you provide must be accurate and correct.
14. Limitation and Disclaimer of Warranty
1. The Website or Platform, the Services and the Content and each portion thereof are provided "AS IS" basis without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, we disclaim all warranties, express or implied, with respect to the Website or Platform, the Services and the Content and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.
2. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the Website or Platform or the Services or the Content.
3. We do not warrant or make any representations that the Website or Platform shall (i) meet your requirements or is reliable; (ii) be uninterrupted, timely, secure or error-free; and (iii) rectify any errors found on the Website or Platform’s software. Further, access to the Website or Platform shall be contingent to your internet accessibility and we shall not be held liable for any lack/sporadic breaks in your internet accessibility.
4. We shall not be liable in the event any damage or loss occurs to your computer system, or any other electronic device, or any data as a result of visiting the Website or Platform.
5. We do not warrant or make any representations regarding the reliability, suitability or quality of the services provided by the Service Providers.
6. We shall not be liable for any loss or damages suffered by the User due to performance or non-performance of the services by the Service Providers. Further, we shall not be liable for any loss or damage suffered, on account of any fraud, willful misconduct or negligence on the part of the Service Providers.
7. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Services or due to the non- availability of access to the Website or Platform or the Services.
9. We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Website or Platform.
10. We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are published on the Website or Platform.
19. Governing Law and Jurisdiction