Terms & Conditions

Introduction

These Terms of Services (“ToS”) is a binding agreement between You (“You”/“Your”) and Shipway Technology Private Limited (Shipway”). The ToS describes the terms and conditions on which Shipway offers its Services (defined below) through its website www.shipway.com (“Platform”). The description of Services offered by Shipway to You under this Agreement shall be specifically mentioned in the Merchant Agreement (as defined below) or any other agreement that may be executed between You and Shipway, or otherwise.

This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system, and does not require any physical or digital signatures.

The ToS read along with the Merchant Agreement represent a legally binding agreement between you and Shipway and its direct affiliates or subsidiaries, including the various different entities that Shipway uses to operate locally in different countries.

BY ACCEPTING THIS AGREEMENT OR ACCESSING OR USING THE SERVICE, YOU SIGNIFY YOUR ABSOLUTE, IRREVOCABLE AND UNCONIDTIONAL CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS ENTIRETY.

This Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

1. Definitions

1.1 “Access Account” shall mean accounts created for persons authorised by You to access the Services on Your behalf. Such persons may include employees, agents and independent contractors or vendors.
1.2 “Account Information” shall mean information and details that are deemed necessary by Shipway to create an Account which may include Your name, GST, Aadhar, PAN, contact details and any other information as may be requested by Shipway in this regard.
1.3 “Agreement” shall mean Merchant Agreement or any other agreement executed between You and Shipway for the purpose of accessing or availing any Service offered by Shipway through its Platform read in conjunction with these Terms of Services, either individually or collectively, as the context may deem appropriate
1.4 “Authorised User” Persons authorised by You to access and use the Platform.
1.5 “Customer Data” means all electronic data, text, messages or other materials, including, without limitation, personal data of Your users, such as address, phone numbers, contact details, items purchased, price, customer returns, complaints invoice and also the product details, value of products, weight, measurement and quantity .
1.6 “Data” shall mean all information and documents provided by You in the course of obtaining the Services under this Terms of Service and shall include Account Information, Customer Data and Transaction Data.
1.7 Effective Date: This ToS shall be valid and binding with effect from (a) creation of Merchant Account (b) access to any Service by you or any other person who is authorised by you or (c) the effective date of  the Agreement, whichever is earlier.
1.8 “Logistic Partner” means third-party courier partners handling the delivery and shipments of User goods/products to the Customers on behalf of the User, and collecting the Products from the Customer’s doorstep for and on behalf of User, in case of return of the goods/products, and delivering them to the User, subject to the terms and conditions of this Agreement.
1.10 “Merchant Account” shall mean Your Shipway account.
1.11 “Services” shall mean Shipway’s products, services, materials accessed through the Platform and avail of the services provided Shipway as described on the Platform from time to time.
1.12 “Platform” shall mean the logistics software hosted on www.shipway.in and/or ‘Shipway’ mobile application, providing its users an automated shipping panel service integrated with the Logistic Partners
1.13 “Notice” shall include intimation online.
1.14 “Term” shall mean that this ToS shall be valid and binding from the Effective Date until your Merchant Account Log-in ceases to be operated by You.
1.15 “Plan” shall mean payment plan/ service plans for each of the Services as described on the Platform or as may be agreed in the  any agreement that may be executed between You and Shipway.
1.16 “Shipway’s Policies” shall mean policies of the Company that shall be published on the Platform from time to time.
1.17 “Service” shall mean services offered by Shipway on the Platform including but not limited to   Shipping Automation (SaaS), Courier Aggregation, and other additional services offered by Shipway.
1.18 “Transaction Data” shall mean information or documents You provide in relation to each Transaction such as order information, warehouse information, product related information, invoices, delivery status etc.

2. Registration and Access:

2.1 In order to access the Services, You will be required to register Yourself, create and maintain a Merchant Account. You will be required to provide valid and accurate information as may be required by Shipway to create the Merchant Account. You shall be responsible to keep Your Account Information updated and accurate at all times. You may authorise any person to have an access to the Merchant account and authorise them to use or update the information/ data on the Merchant Account as may be deemed appropriate. You may create users ids through “Administrator” user id or Shipway will create Access Accounts based on the details received from You. You shall be solely liable and responsible for all actions undertaken by such persons accessing or using the Access Account. You shall be solely responsible for updating the Access Account details. You can update the user details of the Access Account by notifying Shipway at any time.

2.2 If you are entering into these ToS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these ToS.

2.3 Upon receipt of Your authentication credentials regarding Your account, consisting of a login id and an initial password for each Authorised User. Such Authorised User must change the password to one known only to such user. Each Authorised User must keep the login id and password combination confidential and shall notify Shipway promptly of any loss, misuse or unauthorised disclosure of such login credentials. If an Authorised User no longer has need to access the Platform, You shall immediately de-activate the associated credential using its administrative privileges for its account on the Platform. Shipway shall not be liable for any damage or loss that may result from Your breach of the foregoing obligations.

2.4 You may directly or through Authorised Persons access the Services through Access Accounts. The access of Service and any activity undertaken though any of the Access Account shall deem to be an action taken by You. You shall be responsible and liable to ensure that the Access Accounts are used only by Authorised Users and such persons are informed about the responsibilities under this ToS.

2.5 Multiple users are not permitted to share the same/single log-in.

3. Pricing and Service Plans:

3.1 Shipway shall provide Services and provide features, functions, and functionalities as set out on the Platform or  an agreement executed between You and Shipway. Shipway shall provide all necessary and relevant support and training to integrate the Merchant with its solution.

3.2 Shipway may modify the Services, Platform,  software, and from time to time, including by adding or removing features, functions, and functionalities; provided, however, that it will not materially impact the overall functionality of the Services or the Platform during Your Term, except where such modifications are required for data security reasons or to comply with applicable law(s).

3.3 You will be bound by the Pricing and Plan as agreed by way of an Agreement or selected on Your Merchant Account as the case may be. You shall comply with all payment terms as set out in the Merchant Account.

3.4 You shall be solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting under applicable law.

3.5 All fees shall be exclusive of taxes, and Goods and Service tax and other statutory taxes, as applicable, shall be levied on every purchase/Service.

3.6 In the event the You close your account with Shipway, or this Agreement expires or is
terminated, Shipway will deduct the Fees and the freight amounts due to it from You, from the COD Amount. Shipway shall, thereafter, remit the remaining COD Amount after such deduction, within 10 (ten) days from the date of such closure/expiration/termination, subject to reconciliation and completion of all the shipments and transactions pertaining to the Your account. In the event, the COD Amount falls short of the outstanding amount payable by You, You shall, within 5 (five) days from the date of such closure/expiration/termination, pay the outstanding amount to Shipway, and until the payment of the entire outstanding amount, Shipway shall retain the custody of (and subsequently dispose within 30 days of retention) Your shipments which are in the possession of Shipway’s logistics vendor(s). In the event of any delay in payment of outstanding amount by You (as required under this clause), Shipway shall have a right to levy an interest of 18% per annum on the outstanding amount from the due date of payment till the date of actual payment and/or to forfeit Your security deposit amount (if any) lying with Shipway.

4. Right to Use the Platform

4.1 You are hereby granted a specific, non-exclusive, non-transferable and limited right to access the Platform and avail the Services and its functionalities that may be updated from time to time. Shipway reserves the right to make updates or upgrade to the Platform, Services or the products. Shipway will provide information regarding such updates or upgrade from time to time on the Platform or through e mails from time to time. A continued use of the Platform would deem to be an acceptance of such modifications or upgrades. You have an obligation to ensure that the Platform is not used for any illegal or unauthorised transaction.

4.2 You will have the right to upload Data on the Platform through API integration or manually. You will be solely responsible for the reliability, integrity, accuracy and such Data.  Shipway shall not be responsible for any defect in Services arising out of or on account any incorrect or incomplete Data.

4.3 You acknowledge that the Data will be stored and processed using proprietary database of Shipway. You shall not claim any right in respect of the database of Shipway. The database of Shipway is a proprietary intellectual property of Shipway. Nothing contained in this ToS shall expressly or impliedly grant You any right, title or interest in the database of Shipway. You shall not decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of the Shipway’s Services.
4.4 You are not authorised to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make Shipway’s services/ platform available to any third party except only in furtherance of the purposes as expressly permitted by this Agreement,

4.5 You shall not or permit others to store, upload, modify, update or share any information / Data that:
4.5.1 is unlawful , facilitates illegal activity, grossly harmful, misleading, harassing, blasphemous defamatory, indecent, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, invasive of personal privacy or otherwise objectionable or any data / content that is contrary to any applicable local, national, and international laws and regulations;
4.5.2 belongs to another person and to which You do not have the right or authority to access, store, use or make available to third parties under any law or contractual or fiduciary relationship or is in contravention of these Agreement or applicable policies.
4.5.3 infringes any patent, trademark, copyright or other proprietary rights;
4.5.4 violates any law for the time being in force;
4.5.5 results in impersonation of any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
4.5.6 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

4.6 You agree that any information you give to Shipway will always be true, accurate, correct, complete and up to date, to the best of your knowledge. Any phone number used to register with the Service be registered in your name and you might be asked to provide supporting documents to prove the same.

4.7 You agree that you will not use the Services provided by Shipway for any unauthorized and unlawful purpose. You will not impersonate another person to any of the aforesaid.

4.8 You agree to use the Services only for purposes that are permitted by: (a) the terms of usage as outlined in this Agreement; and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of goods, data or software to and from India or other relevant countries).

4.9 We reserve the right to modify or terminate the Shipway service for any reason, without notice at any time.

5. Right to Use the Data

5.1 You hereby authorise Shipway to receive, transmit, store, use and process the Data for the purpose of providing the Services. You hereby provide a non-exclusive, worldwide, royalty-free right to use and process the Data to provide, maintain, and improve the existing as well as offer new services to third parties and perform all related obligations owed to You under this Agreement, or as may be required by law.

5.2 You undertake that you have acquired the Data in a legally valid manner and are duly authorised to provide the access to the same to Shipway for the purpose of this ToS. You undertake that use and processing of Data by Shipway shall not be in breach of any legal or contractual obligation. You shall undertake all measures to ensure that the permission to use the Data is valid during the term of this ToS and it is not violative of any Applicable Law. You shall indemnify Shipway against any third party claim or liability.

5.3 You permit and authorise Shipway to access and use your Merchant Account and Data for the purpose of technical support, including debugging, analysis, integration, report-making and assist in investigating any complaint. You agree to authorise Shipway to duly access your user account on third party platforms or websites for accessing and managing Your e-commerce Services (“Usage Data”) to develop, improve, support, and operate its products and services operations through an automated system. You shall ensure that such access is duly authorised as per the terms of the relevant agreements and applicable law. You shall indemnify Shipway against any third party claim or liability in this regard.

5.4 Notwithstanding anything to the contrary in this Agreement, Shipway may collect and use any data that is gathered or derived from the use of the Services (“Usage Data”) to develop, improve, support, and operate its products and services.

5.5 Shipway may utilize Customer Data that is gathered or derived from the use of the Services for the purposes of providing, maintaining, and improving its technology, including developing or training artificial intelligence (“AI”) models, offering marketing platform services , services based on data analytics and similar services and features,.  In carrying out these purposes, Shipway may combine data collected from different contexts (for example, from Your use of two separate Services). Shipway will have the exclusive ownership and title to all system performance data, machine learning algorithms, and aggregated results of such machine learning.

6. Information and Data Security

6.1 Shipway sole obligation with respect to information security shall be to provide the Services over the Internet using industry-standard (SSL secure protocol – https) security measures. In case of any complaints or to report a cyber-security incident please write to support@shipway.com. In case of any breach and/or suspected breach of data and/or compromise of Your systems you shall report within 24 hours of noticing such incident or being brought to notice about such incident. Shipway shall promptly assist in undertaking necessary assessment and investigation. Nothing stated herein shall grant a right to You to audit the IT systems or the Information Security Systems. The IT and information security systems are confidential and proprietary to Shipway. Provided however, that Shipway shall provide full cooperation to address any concerns or assess any misuse or breach of data by users having access to your Merchant Account.

6.2 If any Data is damaged or lost, Shipway sole obligation shall be to restore such lost or damaged data to the state it was the previous day or the last back up time whichever is closer to the date on which the loss or damage occurred.

6.3 You may raise a formal request to render your Data inaccessible by writing to us at support@shipway.com.

6.4 Upon Your formal request, the Data shall be rendered inaccessible, meaning that it will no longer be retrievable or usable by Shipway. Shipway shall ensure that all necessary measures are taken to deactivate access to the data within thirty (30) days from the date of Your request. Notwithstanding any provision to the contrary in this Terms of Service, You acknowledge and agree that Shipway may retain data as necessary to comply with applicable legal and regulatory obligations. You agree that such retained data may include, but is not limited to, records required by law or regulation and data that may be used to develop anonymized new product development or developing insights. This retained data will be handled in accordance with applicable data protection laws.

7. Data Protection & Data Privacy

In relation to all personal data accessed, stored, processed by You on or through the Platform under this Agreement, You shall at all times be responsible for compliance with all applicable data privacy and protection laws with respect to the accessing, storing and processing of the personal data, including the Digital Personal Data Protection Act, 2023 (“Data Privacy Laws”), as amended from time to time.

8. Warranties

8.1 Shipway does not provide any Warranties except as expressly provided herein. Shipway does not  warranty for services or products provided by third party, are provided on a “as is” basis, except any warranties that are provided by such third parties expressly. Shipway disclaims all liability for any third party extension or other offering available to you on or through the Platform.
8.2 Shipway hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Shipway shall make reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. However, Shipway does not warrant that any material or function presented on the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the server that makes it available are free of viruses or other harmful elements. Shipway does not offer a warranty or make any representations regarding the results of the use of the materials in the Platform in terms of their correctness, accuracy, reliability, risk of injury to your computer or commercial advantage to the You.

9. Termination and Suspension

9.1 In the event that there are more than one Service that is available by you or there are more than one Merchant accounts or more than one agreement(s) executed between You and Shipway, then Parties may terminate or not renew any of the agreements executed inter se between the Shipway and yourself however this ToS shall remain valid and binding with regards to the subsisting and continuing Agreements.

9.2 Each party shall be entitled to terminate the agreement  for convenience without paying any termination charges by providing 60 (sixty) days prior written notice to the other party.

9.3 The Term in shall automatically renew for a further term unless specifically agreed otherwise.  In the event you wish to terminate the  agreement  at any time, You shall give a prior Notice of 30 days in case of a proven material breach due to a default directly attributable to Shipway.

9.4 Shipway may suspend Your Merchant Account and / or Access Account or restrict access to the Services and Platform immediately, on the following grounds: (i) late payment/non-payment of charges  (ii) Your breach of obligations as laid down under this Agreement, which have not been cured by you with 36 hours after receiving a Notice from Shipway; or (iii) Shipway becomes aware of security threat or (iv) you do not upgrade the software or provide necessary consents that are necessary for providing the Services.
 
9.5 Shipway reserves the right to immediately terminate this Agreement in cases where: (a) the User breaches any terms and conditions of this Agreement; (b) Shipway believes in its sole discretion that the User’s actions may cause legal liability for such User or for Shipway.

9.6 You agree that Shipway shall not be liable for any loss or damage on account of such suspension or termination. Shipway shall not be liable for loss on account of suspension of services for reasons as mentioned in clause 9.4 above. You shall be liable for all losses and damages that may be suffered by Shipway on account of wilful act or negligence by You in this regard.

9.7 During this notice period, Shipway will investigate and ascertain the fulfilment of any ongoing Services and pending dues related to fees or any other amount payable by You. You shall be obligated to clear any dues with Shipway for any of its Services which You have availed in accordance with this Agreement. Shipway shall not be liable to You or any third party for any termination of Your access to the Services.

10. Intellectual Property

10.1 Shipway and its licensors retain all right, title, and interest in and to its technology and Usage Data. You acknowledge that the Services are offered as online, hosted solutions, and that You have no right to obtain a copy of the underlying computer code for any Services, except (if applicable) for any downloadable Software, in object code format. Shipway may freely use and incorporate into its products and services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by You or by any other user relating to Shipway’s products or services.

10.2 Feedback and any other suggestions are provided by You exclusively “AS IS,” in Your sole discretion, and will not be used by Shipway in any way that identifies or permits Your identification.
10.3 You agree that Your name, logo, feedback, recommendations and case studies may be used by Shipway in for any purposes including but not limited to its marketing materials or promotional materials, including its website, ATL and BTL advertisements ( offline and online) etc. , and such rights granted herein shall be worldwide, perpetual.

11. Confidentiality

11.1 Either party hereby agrees and undertakes to maintain utmost confidentiality with respect to all commercial and any other information, documents, data, procedures, processes, papers, plans, statements, trade secrets and/or any such information in connection with the business of the other party, whether written, oral or in any other form including but not limited to any information when disclosed was marked or described as “confidential” (hereinafter referred to as the “Confidential Information”) furnished by one party (‘Disclosing Party’) to the other party (‘Receiving Party’) or which comes within the knowledge or possession of the receiving party or its personnel, as a result of association with disclosing party under this agreement. The receiving party shall take necessary precautions, acceptable to disclosing party to keep the confidential information secret and confidential.

11.2 The Confidential Information shall not be used by the Receiving Party or its personnel for any purpose other than the purposes mentioned under this Agreement and Shipway’s Privacy Policy.

a. Notwithstanding anything to the contrary stipulated in this Agreement, the provisions of this Clause shall survive for one (1) year after the last date of disclosure under this Agreement.
b. The restrictions in this Clause do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request.
c. Parties further agree that Confidential Information does not include:
i. Information that is proven to be already known by the Receiving Party at the time of disclosure and not being subject to obligations of confidentiality;

ii. Information that becomes generally available to the public other than as a result of disclosure by the Receiving Party in violation of this Agreement or its obligations to a third party;

iii. Information that becomes known to the Receiving Party from a source other than the Disclosing Party on a non-confidential basis; andiv. Information that can be documented as independently developed by the Receiving Party without use of any portion of the Disclosing Party’s Confidential Information.
The restrictions in this Clause do not apply to the extent that any Customer Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request.

d. You also grant Shipway the right to disclose to its affiliates / partners / third parties Your Account Information for the purposes permitted under this ToS.

Please review our Privacy Policy, which also governs your visit to Website, to understand our practices. The personal information / data provided to us by you during the course of usage of Website or Service will be treated in accordance with the Privacy Policy and applicable laws and regulations.

11.3 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Services.

12.Insider Trading

You expressly acknowledge that some or all the Confidential Information disclosed by Shipway is or may be Unpublished Price Sensitive Information (“UPSI”) and such UPSI shall be regulated under SEBI (Prohibition of Insider Trading) Regulations, 2015 and amendments thereunder (“Regulations”). The UPSI disclosed/ divulged by Shipway and its employees, consultants, and representatives to You and your employees, consultants, and representatives, will be received and treated by You and your employees, consultants, and representatives as strictly confidential and neither you nor your employees shall not use or communicate any of the UPSI, for any purpose whatsoever, including but not limited to subscribe, buy, sell, deal or agreeing to deal in the securities of Shipway or encourage anyone else to do the same. You further ensure that all UPSI shall be kept safe, secured, and always protected from unauthorized access, usage, dissemination, copying, theft, or leakage and shall further be dealt with, in the manner as prescribed under the Regulations.

13. Limitation Of Liability:

Under no circumstances, including, but not limited to, negligence, shall Shipway be liable for any consequential, indirect, incidental, punitive, extraordinary, exemplary or special damages including without limitation, loss of use, business interruptions, loss of data, loss of profits and loss of revenue that result from the use of, or the inability to use, the tools or features or services offered to You, even if You had advised Shipway of the possibility of such damages. In no event shall Shipway’s total liability to You for all damages, losses, and causes of action (whether in contract, tort, or any other legal or equitable theory, including but not limited to, negligence or otherwise) exceed the amount(s) paid or payable by You in the last 3 (three) months preceding the claim. This limitation of liability clause shall survive any termination or expiry of the relevant Agreement.

14. Indemnification:

You shall indemnify and hold harmless, Shipway, its affiliates, any third party content / networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents, for and against any and all claims, losses, damages, costs and expenses arising out of, or relating to, Your use of the Platform and the Services or Your breach of the Agreement including ToS, or any other agreement or any other restrictions or guidelines provided by Shipway. This indemnification obligation will survive at all times.

15. Force Majeure:  

Shipway will have no liability for any failure by it to perform its obligations under these Agreement in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of the Shipway, including, without limitation, an act of war or terrorism, natural disaster, restrictions imposed by the central and/or state authorities due to COVID-19, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

16. Disputes Resolution, Governing Law & Jurisdiction:

The terms of this ToS and the related policies and documents shall be governed by and construed in accordance with the laws of India. The courts of New Delhi shall have the exclusive jurisdiction to adjudicate any or all disputes arising out of or in connection with this ToS and the related policies and documents executed between the Parties.

17. Misuse of Services

Shipway may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse includes creating multiple or false profiles, infringing any Intellectual Property rights, violating any of the terms and conditions of this Agreement, or any other behaviour that Shipway, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Shipway has adopted a policy of terminating accounts of Users who, in Shipway’s sole discretion, are deemed to be repeat infringers of any terms of use even after being warned by it. In addition, Shipway may also restrict, deactivate, suspend or terminate the account of any User upon the request/instructions of Shiway or the Logistic Partners.

18. Miscellaneous:

(a) Entire Agreement: This ToS, together with, any other agreement executed between the Parties in relation to the Services and Shipway’s Policies, constitutes the entire agreement between You and Shipway.

(b) In the event of a conflict between the ToS, Shipway Policies, or any other agreement executed between You and Shipway then the specific terms of the agreement executed between you and Shipway shall override the Terms of Service and the Shipway’s Policies to the extent of the conflict. If You have questions or concerns about the TOS, please contact Shipway at legal@shipway.com.
(c) Relationship: The Parties intend to create principal to principal relationship and nothing contained in this Agreement shall be construed to make either Shipway or Your partners, joint venture parties, principals, agents or employees of the other.
(d) Assignment: You shall not assign or transfer all or any of its rights, benefits or obligations under this Agreement to any third party, including any subsidiary or group company, without obtaining Shipway’s prior written approval.
(e) Severability: If any provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted.
(f) Waiver: No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any partial exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
(g) Amendment:  Shipway reserves the right to amend this ToS or the Shipway Policies at any point in time as per its own discretion and the amended terms shall be effective from the date of such amendment. Your continued use of the relevant Service through the Platform will be deemed acceptance of the amended terms.
(h) Non-Solicitation: The User agrees and undertakes that, during the term of this Agreement, and for a period of 36 (thirty-six) months thereafter, it shall not directly or indirectly attempt in any manner to solicit, any client/customer, or to persuade any person, firm or entity which is a client/customer/supplier/vendor/partner of  SHIPWAY, to cease doing business or to reduce the amount of business which any such client/customer/supplier/vendor/partner has customarily done or might propose doing with Shipway.
(i) Indicative List: Without prejudice to the generality of the aforesaid, an indicative list of the dangerous and restrictive goods is set out below. In the event, the Merchant hands over or provides the aforesaid goods / products to the Logistic Partner, then Shipway or its Logistic Partner shall not be responsible and liable for any loss, damage, theft or misappropriation of such products even if Shipway or Logistic Partner has the knowledge of the same and even if such loss, damage, theft or misappropriation is caused due to any reason attributable to Shipway or its Logistic Partner. The Merchant undertakes that in the event any article/good/shipment booked/handed over by it falls within the category of the banned/illegal items or those provided below (including reactive, hazardous and dangerous goods which are in breach of any Applicable Law or of any packaging/transportation guidelines of the concerned Logistic Partner), then the Merchant agrees to indemnify Shipway and its Logistic Partner for any and all issues, losses and damages arising pursuant thereto. In addition, the Merchant shall not handover counterfeit or fraud products/shipments to Logistic Partner, failure of which will attract the consequences mentioned below:

Indicative List of Prohibited/Restricted Items
‍
Dangerous Goods:
(a) Oil-based paint and thinners (flammable liquids)
(b) Industrial solvents
(c) Insecticides, garden chemicals (fertilizers, poisons)
(d) Lithium batteries
(e) Magnetized materials
(f) Machinery (chain saws, outboard engines containing fuel or that have contained fuel)
(g) Fuel for camp stoves, lanterns, torches or heating elements
(h) Automobile batteries
(i) Infectious substances
(j) Any compound, liquid or gas that has toxic characteristics
(k) Bleach
(l) Flammable adhesives
(m) Liquid Shipments
(n) Arms and ammunitions (including air guns)
(o) Dry ice (Carbon Dioxide, Solid)
Any Aerosols, liquids and/or powders or any other flammable substances classified as Dangerous Goods for transport by Air
(p) All goods prohibited by the airport authority of India.
‍
Restricted Items:
(a) Precious stones, gems and jewellery
(b) Uncrossed (bearer) drafts / cheque, currency and coins
(c) Poison
(d) Firearms, explosives and military equipment.
(e) Hazardous and radioactive material
(f) liquor
(g) Any pornographic material
(h) Hazardous chemical items

Counterfeit or Fraud Products/Shipments:

It is the policy of Shipway to conduct all business activities in compliance with the rules and regulations applicable to the industry and laws of India, with the highest ethical standards. In this regard, Shipway has a zero-tolerance policy with respect to counterfeit or fraud products/shipments (including products/shipments which are misrepresented in their origin or quality, or which are fake, cloned, duplicate or likewise products/shipments).
Accordingly, in the event Shipway believes that the Merchant o  r any of their Customer are shipping/selling (or have shipped) counterfeit or fraud product/shipment (including but not limited to any counterfeit electronic product, not limited to mobile phones, smart watches and likewise products), Shipway would inter-alia have the right:

(a) to seize such product/shipment,
(b) to report the incident to the appropriate government authority/police station,
(c) to blacklist the Merchant from trading/doing business with Shipway,
(d) to levy liquidated damages equivalent to 5x of the value of the counterfeit/fraud shipment, and applicable GST amount on said damages, on account of estimated legal expenses which will be spent by Shipway or actual expenses in case the actual amount exceeds the above threshold value of liquidated damages as mentioned under this clause.
(e) to block/forfeit the entire COD Amount of the Merchant or their Customer lying with Shipway/its Logistic Partner,
(f) to seize all the products of the Merchant lying with Shipway or its Logistic Partner and also to dispose such products (without any intimation to the Merchant) after a period of 90 (ninety) days from the date of seizure.
(g) The sellers are accountable for resolving any buyer concerns within 48 hours. If the sellers are unable to resolve the issues, Shipway reserves the right to address and settle the matter, and deduct an amount equal to twice the shipment value from the sellers' accounts.

Disputed Shipments/Cases:

Shipway, in its sole discretion, shall have the right to levy damages/charges (along with the applicable GST amount) on the Merchant in relation to shipments/cases which have been disputed by the Logistic Partner, the Merchant Customers or by any third party (including any governmental authority/department). The amount of said damages/charges shall be decided by Shipway in its sole discretion and may vary from case to case.

Shipping Non-Essential Items in Government Prohibited Areas

In the event SHIPWAY believes or comes to know that you are shipping (or have shipped) non- essential items/products in the restricted/prohibited area (such as red and containment zone/area, as declared by the Central or the relevant State Governments of India), then SHIPWAY would inter-alia have the right to levy penalty or liquidated damages on you of Rs. 10,000 per shipment (along with applicable GST amount) on account of estimated legal expenses which will be spent by SHIPWAY and for causing of reputational and goodwill loss to SHIPWAY, or the actual damages/losses/expenses in case the actual amount exceeds the above minimum threshold of Rs.10,000/-, as may be determined at the sole discretion of Shipway.