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terms.php
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<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd">
<html xmlns="http://www.w3.org/1999/xhtml">
<head>
<meta http-equiv="Content-Type" content="text/html; charset=utf-8" />
<title>Terms and Conditions</title>
<link href="http://www.dtdc.in/css/global.css" rel="stylesheet" type="text/css" />
</head>
<body bgcolor="#EE4035">
<table border="0" cellpadding="0" cellspacing="0" align="center" width="900" style="padding-top:20px;">
<tbody><tr>
<td width="900"><img src="images/trheader.jpg" height="120" width="900" ></td>
</tr>
<tr>
<td><table border="0" cellpadding="0" cellspacing="0" width="900">
<tbody><tr>
<td bgcolor="#EE4035"> </td>
</tr>
<!-- Right Column -->
<div class="rightPanel_inpage">
<h1 class="title">Terms & Conditions of use of the CMS website</h1>
<!-- Content -->
<div class="content">
<p align="justify">The following terms and conditions govern the use of the website <a href="index.php">www.cms.com</a> , including all sections and services available on the CMS 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.</p>
<p align="justify">CMS may make future changes or modifications to such terms and conditions at any time without notice, and any subsequent viewing or use of the CMS website will constitute the user’s agreement to the changes and modifications. There may be additional terms and conditions provided throughout the CMS website governing your use of particular functions, features, information and applications available through the CMS website.</p>
<ol>
<li><strong>Definitions</strong>
<p align="justify"> “<strong>Content</strong>” means information, graphics, products, features, functionality, services, and links on the CMS website, including ‘Tracking’, ‘Service Guide’, ‘Franchisee’, ‘Corporate Solutions’, ‘Careers’ and ‘eSolutions’.<br />
“<strong>CMS</strong>” means CMS EXPRESS LIMITED having its registered office at CMS House, No.3, Victoria Road, Bangalore – 560 047, and any of its subsidiary and associate companies.<br />
“<strong>you</strong>” means yourself and/or the entity that you represent. </p>
</li>
<li><strong>Use of the CMS website</strong>
<p align="justify"> The CMS website is provided solely for the use of current and potential CMS customers to interact with CMS 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 CMS customers for their own shipments. Unless indicated otherwise in the terms of use of a specific interactive feature on the CMS website, the use of the CMS website to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.</p>
</li>
<li><strong>CMS Username Registration</strong>
<p align="justify"> You may choose to register on the CMS website to access interactive features on the website. The CMS 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, CMS may add other features that may be accessed through the CMS website username. In such event, previously registered users may or may not be required to re-register for availing services offered by CMS on the CMS website.<br />
By registering on the CMS website, you agree to provide accurate and current information about yourself as prompted by the CMS website username registration pages and maintain and promptly update your online profile information to keep it accurate and current.</p>
<p align="justify"> Some of the CMS 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 CMS website for the country in which your CMS account is based. For example, if your CMS account is based in India, you will register for services offered on the CMS website specifically meant for India and not for services offered on any other website of CMS or its subsidiaries/associate companies.<br />
When you register using the CMS 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 CMS of any unauthorized use of your user ID and password, and (b) ensure that you exit/logout from your session on the CMS website at the end of each visit. </p>
</li>
<li><strong>Changes to the CMS website</strong></a>
<p align="justify"> The CMS website and its Content, may be changed, deleted or updated at any time without notice.</p>
</li>
<li><strong>Termination of Use</strong>
<p align="justify"> CMS reserves the right to discontinue, suspend or modify the Content of the CMS website at any time without notice, and CMS may block, terminate or suspend yours and any user's access to the CMS website at any time for any reason in its sole discretion, even if access continues to be allowed to others.</p>
</li>
<li><strong>Ownership</strong>
<p align="justify">The CMS website and its Content are protected by the laws of the Republic of India and applicable international intellectual property and other laws. “DTDC” and its logo, a man running with a courier bag, is the registered trademark of CMS Express Limited in India. CMS does not convey to anyone, through allowing access to the CMS website, any ownership rights in the CMS website or in any Content appearing on or made available through the CMS website. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the CMS website or it’s Content thereof.</p>
</li>
<li><strong>Disclaimer of Warranty</strong></li>
<p align="justify"> The CMS website and its Content are provided "AS IS". CMS 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 CMS website and its Content.</p>
<p align="justify">CMS does not warrant that the Content of the CMS website will meet all of customer's requirements or that its operations will be uninterrupted or error free, or that any defect within the CMS website will be corrected. Furthermore, CMS does not warrant nor make any representation regarding the results of customer's use of the CMS website in terms of capability, correctness, accuracy, reliability or otherwise. No oral or written information, representation or advice given by CMS or an authorized representative of CMS shall create a warranty.</p>
<li><strong>Limitation of Liability</strong>
<p align="justify"> Use of the CMS website and its Content is at your sole risk. The CMS 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 CMS website and its content including without limitation, damage for lost profits, business, data, or damage to any computer systems, even if you have advised CMS of the possibility of such damages.</p>
<p align="justify">Notwithstanding the above, to the extent permitted by applicable law, you agree that in no event shall CMS'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 India). 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.</p>
</li>
<li><strong>Indemnity</strong>
<p align="justify"> You agree to defend, indemnify and hold harmless CMS 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 CMS website.</p>
<li><strong>CMS Conditions Of Carriage</strong></li>
<p align="justify"> The terms and conditions for using the CMS website and related services are contained in the most current version of the CMS Conditions of Carriage, which is available on request. The most current version of the CMS Conditions of Carriage will be applicable in the event of any conflict between any CMS services or related service information on the CMS website. <br />
</p>
<li><strong>Links to other web sites</strong>
<p align="justify"> There are links on the CMS website that allows you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by CMS. CMS 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.</p>
<p align="justify">CMS 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. <br />
</p></li>
<li><strong>Controlling Law and Severability</strong>
<p align="justify">This Agreement and your use of the CMS website is governed by and construed in accordance with the laws of the Republic of India, 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.</p>
Any action with respect to the CMS 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, India. This Agreement may not be changed or modified without the written consent of CMS. </li>
</ol> </div>
<!-- Content /-->
<tr>
<tr bgcolor="#EFF7FC">
<td class="aalpha"><strong><a href="faq.php"> FAQ</a>
|
<strong><a href="contact.php"> Contact</a>
|
<strong><a href="terms.php">Terms and Conditions</a> </strong></td>
</tr>
<td bgcolor="#2284d5" width="304"><p class="lowerstyle">
</p>
</tr>
</body>
</html>