TERMS AND CONDITIONS

1. DEFINITIONS

   1. “App” or “Application” means the software program(s) provided by the HiTech Logistics, and downloaded, accessed and/or used by You, on any electronic device, computer, laptop, smartphone or gadget.
   2. “App Store” or “Application Store” means the digital distribution forum, from where You can download App(s) of HiTech Logistics. App Store included but not limited to Google’s Play Store, Apple’s App Store, and Huawei’s AppGallery.
   3. “Back Office” (also abbreviated “BO”) means a not-client-facing technical premises for system administration, database management and maintenance of the Apps and Services of HiTech Logistics Solution.
   4. “Account” or “User Account means a unique virtual account created for You, in order to access Apps and Service(s) under umbrella of HiTech Logistics Solution.
   5. “Company” stands for the “HiTech Logistics”. Words like "We", "Us" or "Our" in this document also refers to the Company.
   6. “Confidential Information” means non-public information of a competitive or commercially sensitive, proprietary, financial, trade information, technical data, app functionality, or any information that involves or implicates privacy interests.
   7. “Content” refers to any text, numbers, images, graphical elements, or other information that can be submitted, uploaded, linked or otherwise made available in the App(s) and Service(s) of HiTech Logistics Solution.
   8. “Credentials” means mandatory information including user-name, email id, phone number and password, that is required in the process of subscription, registration and signing-in.
   9. “Device” means any device that can access the Service such as a computer, laptop, smartphone, mobile cell phone or digital tablet.
   10. “Service” or “Services” includes all digital facilities, functionalities and features, provided in the HiTech Logistics Solution to You.
   11. “Subscriber” means individual, company, or other legal entity, that purchases and uses the App(s) and Service(s) of HiTech Logistics Solution.
   12. Subscription” is an agreement between You and HiTech Logistics, that legally entitles You to access and use its App(s) and Service(s) for a certain period of time.
   13. Support” means technical support and assistance, provided by HiTech Logistics to You (whether verbal or written), if You are a designated Subscriber.
   14. “Terms and Conditions” (also referred as "Terms" or “Terms of Use”) means these Terms and Conditions, that form the entire agreement between You and the HiTech Logistics, regarding the access and use of the its App(s) and Services.
   15. “Third-party” (also abbreviated “3P”) means services, platforms, or software (including APIs, syntax, products, services, or programing snippet) that are created and provided by any third-party entity, and that is directly or indirectly incorporated in the front-end or backend of HiTech Logistics Solution.
   16. “Update” means minor change(s) in the existing front-end or back-end of the App(s), in order to fix a reported technical issue (bug), or to improve and enhance the App(s).
   17. “User” means any individual, company, or other legal entity, that legally uses the App(s) of HiTech Logistics on relevant Device or Platform.
   18. “Web App” refers to a type of HiTech Solution’s App that is accessed and used by You with the help of any internet browser.
   19. “You” means User, whether as an individual, company, or any legal entity on behalf of Subscriber, who is accessing and/or using the App(s) and Service(s) of HiTech Logistics Solution.

2. ACKNOWLEDGMENT

   1. These are the Terms and Conditions governing the use of App(s) and Service(s) and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all Users of the App(s) and Service(s).
   2. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
   3. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
   4. You represent that you are adult of over the age of 18. The Company does not permit those under 18 to use the Service.
   5. You are in normal physical and mental condition, that do not hinder the essential expertise, required to operate the Device and access and utilize the Services.
   6. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.

3. INTELLECTUAL PROPERTY

   1. The services, flows, features and functionalities of the Apps are, and, will remain the exclusive property of the Company.
   2. The Company and its App(s) are protected by copyright, trademark, and other laws of both the Country and foreign countries.
   3. The brand name, trademark, and content may not be used in connection with any other product or service, without the prior written consent of the Company.

4. PRIVACY AND CONFIDENTIALITY

   1. Company and You (each party) acknowledges that certain information that will receive from the other party may be confidential information of the other party. Any party receiving confidential information shall exercise the same degree of reasonable standard of care and protection with respect to the other party.
   2. The recipient of the confidential information and its personnel may only use other party’s confidential information to the extent necessary to fulfill necessary obligations under the scope of the Products, Services and Apps.
   3. The recipient of the confidential information shall not, directly or indirectly, disclose, copy, share, distribute, republish or allow any other individual or party to have access to any confidential information.
   4. The recipient of the confidential information may only disclose confidential information to its trusted personnel, if such personnel have a need to know the confidential information in order for the recipient to perform its obligations, and such personnel have agreed in writing to comply with the confidentiality obligations contained in these Terms and Conditions.

5. DATA PROTECTION

   1. Company will ensure that Your Personal Data will be processed in accordance with applicable privacy and data protection laws and regulations
   2. Company will treat Your Personal Data confidential and implement appropriate technical and organizational measures to protect this data.
   3. Company will not share Your Personal Data to any third-party, out of technical scope of Apps and Services.
   4. Company will process Your Personal Data solely for the purpose of providing You the agreed Services.

6. USER ACCOUNT

   1. When You register for the Subscription, or create an account with Us, or sign-in (access) the App, You must provide submit valid Credentials that is accurate, complete, updated, and not harmful to anyone by any means. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on App.
   2. You are responsible for protecting the Credentials, that You use to access the App and Services.
   3. You agree not to disclose Your Credentials (user-name, email, phone number, and password) to any irrelevant entity or third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
   4. You will not use someone else’s user-name, email or phone number, that is not lawfully entitled to access and use App(s) and Service(s).

7. SUPPORT

   1. Support is aimed at initial assistance for introducing You to the proper utilization of the App(s) and Service(s), and for troubleshooting any unexpected issue, encountered by You, during Subscription period. Request for a new feature in the App(s) is not, and, will not consider Support.
   2. Company will offer technical support to You, if You are a designated Subscriber who purchases the Products and Services that explicitly include providence of Support feature in Subscription Plan.
   3. Company will not provide technical support, or training to all the users and subscribers, all the time.
   4. Company will provide technical support to You, according to the workhour schedule and time-zone of the support-providing personnel of the Company.

8. LIMITATION OF LIABILITY

   1. In no event will Company be liable for any incidental, consequential, special, punitive or indirect damages of any kind, including lost business opportunity, loss of profits, loss of personal data, damage to hardware, interruption of business or loss of goodwill, which may arise in connection with or pertaining to these Terms and Conditions.
   2. In no event shall the Company or its personnel be liable for any: (a) death or physical injury; (b) fraud or fraudulent misrepresentation; (c) willful misconduct; (d) infringement of the other party’s intellectual property rights; (e) the breach of confidentiality and personal data; (f) company payment obligations; or which (g) cannot be limited under applicable law.

9. "AS IS" and "AS AVAILABLE" Disclaimer

   1. The App(s) and Service(s) are provided to You, "AS IS" and "AS AVAILABLE" and with all its limitations and drawbacks, without warranty of any kind.
   2. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates, and respective licensors and service providers, expressly disclaims all warranties, whether expressed, implied, statutory or otherwise, with respect to the Service(s), including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
   3. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service(s) will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
   4. Without limiting the foregoing, neither the Company, nor third-party, nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the App, Service, its database, content, or e- mails sent from or on behalf of the Company are entirely free of software viruses, trojan- horses, computer worms, malware, or other harmful components.
   5. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

10. FORCE MAJEURE

    1. Company shall not be liable to You, for any loss or damages, as a direct or indirect result of the App(s) and Services(s), being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond Our reasonable control, including but not limited to acts of God, war, riot, strike, lock-down, fire, flood, storm, and natural calamity.

11. SEVERABILITY AND WAIVER

    1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
    2. Company shall not be liable to You, for any loss or damages, as a direct or indirect result of the App(s) and Services(s), being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond Our reasonable control, including but not limited to acts of God, war, riot, strike, lock-down, fire, flood, storm, and natural calamity.

12. CHANGES TO THESE TERMS AND CONDITIONS

    1. Company reserves the right, at its sole discretion, to modify, add or edit these Terms at any time. If a revision is material, Company will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at sole discretion of Company.
    2. By continuing to access or use App(s) and Service(s), after those revisions become effective; You agree to be bound by the revised Terms. If You do not agree to the new or revised terms, in whole or in part, please stop using the App(s) and Service(s) of the Company.