ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE ACCESSING MATCHLOG PLATFORM https://platform.matchLog.delivery (“PLATFORM”). ACCESSING THE PLATFORM INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. HOWEVER, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE PLATFORM. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE PLATFORM AND ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, AUDIO, VIDEO OR PHOTOGRAPHS ETC. (“MATERIALS”) THAT MATCHLOG SOLUTIONS PRIVATE LIMITED (“MATCHLOG”) AND/OR ITS SUBSIDIARIES OR AFFILIATES MAY MAKE AVAILABLE THROUGH THE PLATFORM AND ANY SERVICES THAT MATCHLOG MAY PROVIDE THROUGH THE PLATFORM. THE PLATFORM, MATERIALS AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE "MATCHLOG PLATFORM".
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, 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.
Usage of the Platform shall be construed as your consent for receiving calls and messages including
marketing and promotional calls, autodialed and/or pre-recorded messages, from MatchLog at any time, on the
telephone number / contact information that may be provided by you. You hereby unconditionally consent that
such communications via SMS, WhatsApp messages and/ or voice call is
(a) upon your request and
authorization,
(b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines
of Telecom Regulation Authority of India (TRAI),
(c) in compliance with the relevant guidelines of TRAI
or such other authority in India and abroad.
You hereby agree and undertake to indemnify MatchLog against all types of claims, losses and damages incurred by MatchLog due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you with respect to the intimations mentioned above or due to a wrong number or email-ID being provided by you for any reason whatsoever.
Except as set forth in the section titled "Other agreements; software, services or access" below, MatchLog authorizes you to use MatchLog Platform or view and/or download Materials only for your own personal, non-commercial purposes. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. Use of the MatchLog Platform or Materials for any public purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. You may not modify, reproduce, publicly display, publicly perform, or otherwise distribute the Materials on the Platform. As between you and MatchLog, MatchLog owns the MatchLog Platform. The MatchLog Platform is protected under Indian and international copyright laws. Any unauthorized use of the MatchLog Platform may violate copyright, trademark, and other national or international laws. You hereby agree and understand that the Company is merely an intermediary between the you and the shipping carrier and shall not be responsible for the orders placed by the you or the services provided by the shipping carrier.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the MatchLog Platform and for paying all charges related thereto. For the purpose of providing certain features of the Platform, the Company may develop and provide mobile applications. When you register to open an account anywhere on the MatchLog Platform, or when you contact MatchLog through the MatchLog Platform for the purpose of receiving products or services, MatchLog may collect certain personal information about you. MatchLog’s use of such information is governed by the provisions of the Privacy Policy for the Platform. You agree to provide true, accurate, current, and complete information and documents (including but not limited to balance sheet, profit and loss statement, company incorporation certificate, address proof of the business, copies of income tax report in triplicate, GST registration certificate etc.) and, for as long as you continue to use your MatchLog Platform account, to update such information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your MatchLog Platform’s password and you are solely responsible for all activities that occur under your password. You agree to notify MatchLog immediately of any unauthorized use of your password or any other breach of security related to the MatchLog Platform. MatchLog reserves the right to require you to change your password if MatchLog believes that your password no longer is secure. You may request MatchLog to create additional login ids for multiple authorised users and you agree to be responsible for all such authorised users having access to the MatchLog Platform.
You agree and understand that the information and the documents submitted by you may be shared with the Shipping Carriers and other agencies for the purpose of providing services.
You agree to provide all the documents including the Import Delivery Order (Import DO), Export Container Release Order (Export CRO or Export DO), details about the containers including container number, gross weight and photos of each side of the empty container from outside and inside and other commercial documents as may be required by the Shipping Carrier and MatchLog to process any order within a period of forty eight (24) hours (“Cut-off Time”). You agree that your failure to provide all documents within the Cut-off Time may cause the street turn request to be delayed or denied. You agree to be liable to bear all charges and penalties as may be levied by the Shipping Carrier for such cancelled street turn orders.
You agree and understand that a profile page for you shall be created by MatchLog on the Platform and that you shall grant MatchLog a non-exclusive license to use your logo, trade name/business name and other such other trademark details for marketing on the Platform or any other mode such as email, advertisement etc.
All amounts shown in the order summary are exclusive of all taxes and are provided considering approximate currency exchange rate (if mentioned in currency other than Indian Rupees) and are not the final amounts.
Once an order is accepted by MatchLog on behalf of the Shipping Carrier, MatchLog will liaise with the Shipping Carrier to get necessary approvals for the street turn request.
You shall ensure that any demand from the Shipping Carrier or MatchLog for uploading additional photos of the containers or revalidated DO copies shall be promptly completed by you by uploading the same of the Platform.
You shall ensure that you have necessary authority or agency relationship with the Exporters and/or Importer on whose behalf you are submitting the Street turn request. You shall indemnify MatchLog and the Shipping Carrier for any claims brought by the Exporter, Importer, CHA, Forwarder or any other cargo agent due to your street turn submission request on the Platform.
You shall ensure that the container(s) for which Street turn order is being submitted are free from any damage such as dent, cut, hole, bend etc and are export worthy and seaworthy. Any claim brought by the cargo owner or their agent for cargo or container damage shall be payable by you unless you can prove the damage is not related to your submissions on the Platform. You shall maintain adequate insurance for such claims.
You understand that any street turn order placed by you is subject to the Shipping Carrier's confirmation and once an order is rejected by the Shipping Carrier, the same cannot be re-submitted. You will be required to submit a new order request; however you can use the 'copy old order' feature provided by MatchLog on the MatchLog Platform as and when such feature is enabled for your account.
You consent that any carbon credit generated because of trip avoidance due to container reuse or match request (Street turn or Triangulation) will be exclusively owned and consumed by MatchLog. By accepting these terms you irrevocably assign any carbon credits to MatchLog.
You (Customer) may request to cancel a street turn order after the order has been accepted by MatchLog but before the same has been approved and accepted by the Shipping Carrier. Orders accepted by the Shipping Carriers cannot be cancelled on the Platform. For such requests you must contact the shipping carrier directly. All payments against orders received on the Platform and accepted by the Shipping carriers are non-refundable and non-adjustable. Payments for orders cancelled before Shipping carriers approval, the same will be issued as per the refund policy.
MatchLog will monitor the cancellation rate of your account. In case of high cancellation rate, MatchLog may suspend or terminate the account at its sole discretion.
You shall be entitled to raise a dispute with respect to a shipment within thirty (30) days of the date of delivery of the shipment, by contacting MatchLog Support for resolution of dispute. You and MatchLog shall attempt in the first instance to resolve the dispute through friendly consultations. If the dispute is not resolved through friendly consultations within sixty (60) days of You raising the dispute with MatchLog, then the dispute may be referred to arbitration by a sole arbitrator appointed by MatchLog. The proceedings of such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act of 1996 (as amended from time to time) and shall be held at Mumbai. The proceeding shall be conducted in English. The parties shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. Subject to the above, courts in Mumbai shall have exclusive jurisdiction over any of the disputes arising out of or in connection with these Terms and Conditions. The cost of arbitration shall be equally borne between the parties except otherwise awarded by the arbitrator.
You agree not to use the MatchLog Platform (including, without limitation, any Materials or Services you may obtain through your use of the MatchLog Platform):
in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law");
to stalk, harass, insult or harm another individual;
to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
to interfere with or disrupt the MatchLog Platform or servers or networks connected to the MatchLog Platform.
You further agree not to:
use any data mining, robots, or similar data gathering or extraction methods in connection with the MatchLog Platform; or
attempt to gain unauthorized access to any portion of the MatchLog Platform or any other accounts, computer systems, or networks connected to the MatchLog Platform, whether through hacking, password mining, or any other means.
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Services (excluding any user content);
Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Services, or any part thereof;
Utilize information, content or any data you view on and/or obtain from our Services to provide any service that is competitive with us;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by MatchLog unless you have entered into a written agreement with us;
Adapt, modify, or create derivative works based on our Services or technology underlying our Services, or other users’ content, in whole or in part;
Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in our Website;
Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
Attempt to or actually override any security component included in or underlying our Website;
Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website;
Use any information obtained from our Website to harass, abuse, or harm another user; or
Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
MatchLog reserves the right to modify, suspend, or discontinue the MatchLog Platform at any time without notice to you. For example, MatchLog may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice or any Services that are not used by the customers. The Materials and Services may be out of date and MatchLog makes no commitment to update the Materials and Services whatsoever. Information published on the Platform may refer to products, programs, or services that may not be available in your country. You may consult your local MatchLog business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the MatchLog Platform may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to MatchLog an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that MatchLog deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). MatchLog reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. MatchLog may also disclose your name in its clients’ list/credentials for reference purposes. MatchLog may, but is not obligated to, pre-screen User Submissions or monitor any area of the MatchLog Platform through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. MatchLog is not required to host, display, or distribute any User Submissions on or through the MatchLog Platform and may remove at any time or refuse any User Submissions for any reason. MatchLog is not responsible for any loss, theft, or damage of any kind to any User Submissions. MatchLog does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that MatchLog will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. MatchLog does not guarantee that you will have any recourse through MatchLog or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to MatchLog the rights in your User Submissions described herein;
you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
your User Submission does not violate any Law;
your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another's privacy;
you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links on the MatchLog Platform to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the MatchLog Platform. MatchLog is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, MatchLog does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the MatchLog network, you do this entirely at your own risk.
MatchLog logos and any other logos and marks used on the Platform (“Logos”) are trademarks that belong to MatchLog Solutions Pvt. Ltd.
You may use the above mentioned trademarks, in text, to refer fairly and accurately to MatchLog, its products and its services, subject to the guidelines below:
The Logos are reserved for use by MatchLog and those MatchLog partners and licensees that have a written agreement with MatchLog that specifically authorizes logo use. No other use of the Logos is permitted.
You may not use MatchLog Logos in a manner likely to mislead consumers or the vendors as to your relationship with MatchLog, as to MatchLog’s sponsorship or endorsement of your company, products or services, or as to the origin of your products or services. Any use of MatchLog trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.
Trademark Use by Authorized MatchLog Partners and Licensees
If you have an existing relationship with MatchLog, please adhere to the specific trademark use guidelines and terms provided in your written agreement.
If your existing agreement with MatchLog authorizes you to display the above mentioned trademarks, but does not contain specific trademark use guidelines, please follow the trademark use guidelines on this page.
If you have any questions you should contact your account representative or other MatchLog business contact.
The following general trademark guidelines are intended for use by persons, companies or entities who/that are authorized users of MatchLog's trademarks, including for example MatchLog's partners, licensees, alliances and authorized resellers under contract with MatchLog.
Do not use MatchLog trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by MatchLog.
Do not use MatchLog trademarks to make false statements about MatchLog or its products or services.
Do not incorporate MatchLog trademarks in your trade names, business names, product names, service names, social media user names, or domain names.
Do not adopt or imitate MatchLog’s distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.
When referring to MatchLog in formal documentation (i.e., annual reports, financial reports) the full name MatchLog Solutions Private Limited is preferred. In other contexts, MatchLog is preferred.
MatchLog respects the intellectual property rights of others. Accordingly, MatchLog has a policy of removing User Submissions that violate copyright law, suspending access to the MatchLog Platform (or any portion thereof) to any user who uses the MatchLog Platform in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the MatchLog Platform in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the MatchLog Platform, please provide written notice to the following MatchLog officer for notice of claims of infringement:
Attention: Harsh Vardhan Gupta
Address: A-802, Signature-2, Sarkhej Sanand Highway, Ahmedabad - 382210, Gujarat, India.
Tel No.: 1800-309-9887
Email: legal@matchLog.delivery
Your written notice must:
(a) contain your physical or electronic signature;
(b) identify the copyrighted work or other intellectual property
alleged to have been infringed;
(c) identify the
allegedly infringing material in a sufficiently precise manner
to allow MatchLog to locate that material;
(d) contain
adequate information by which MatchLog can contact you
(including postal address, telephone number, and e-mail
address);
(e) contain a statement that you have a good
faith belief that use of the copyrighted material or other
intellectual property is not authorized by the owner, the
owner's agent or the law;
(f) contain a statement that
the information in the written notice is accurate; and
(g)
contain a statement, under penalty of perjury, that you are
authorized to act on behalf of the copyright or other
intellectual property right owner. Please do not send notices
or inquiries unrelated to alleged copyright or other
intellectual property right infringement to MatchLog’s
designated agent, as they will be deleted upon receipt.
You agree to indemnify, defend, and hold harmless each of the MatchLog Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms and Conditions. MatchLog reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with MatchLog's defence of such claim.
When you visit the Platform or send e-mails to MatchLog, you are communicating with MatchLog electronically. MatchLog may respond to you by e-mail or by posting notices on the Platform. You agree that all such notices, disclosures, and other communications that MatchLog provides to you electronically satisfy any legal requirement that such communications be in writing.
The Platform may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. MatchLog is not responsible for such delays, failures, or other damages that result from such problems.
Except as set forth in "Other agreements; software, services or access", below, MatchLog may terminate, suspend, or modify your registration with, or access to, all or part of the MatchLog Platform, without notice, at any time and for any reason. You may discontinue your participation in and access to the MatchLog Platform at any time. In case, you wish to stop availing of SMS/E-mail services, you may do so by sending an e-mail to support@matchLog.delivery. If you breach any of these Terms and Conditions, your authorization to use the MatchLog Platform automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof.
THE MATCHLOG PLATFORM IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATCHLOG PLATFORM IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT MATCHLOG, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. MATCHLOG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE MATCHLOG PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATCHLOG MAKES NO WARRANTY THAT THE MATCHLOG PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE MATCHLOG PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE MATCHLOG PLATFORM WILL BE CORRECTED. MATCHLOG MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATCHLOG PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MATCHLOG PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE MATCHLOG PLATFORM OR FROM MATCHLOG, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, " MATCHLOG PARTIES") SHALL CREATE ANY WARRANTY. MATCHLOG DISCLAIMS ALL EQUITABLE INDEMNITIES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MATCHLOG PLATFORM IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. MATCHLOG SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
MATCHLOG SHALL NOT BE LIABLE FOR ANY THIRD PARTY WEBSITES, PRODUCTS, SERVICES AND OTHER CONTENT. THE ADVERTISEMENTS WHICH MAY BE AVAILABLE ON E-MAILS OR MATCHLOG PLATFORM WITH RESPECT TO THE THIRD PARTY WEBSITES, PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
MATCHLOG SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF MATCHLOG’S OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, EPIDEMICS, PENDAMIC, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTIES OR OTHER SIMILAR CAUSES AND PROBLEMS.
IN NO EVENT WILL ANY OF MATCHLOG PARTIES BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF INDIAN RUPEES ONE THOUSAND (INR 1,000) (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF GOODS, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH MATCHLOG PLATFORM (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF MATCHLOG PLATFORM), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY MATCHLOG PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO APPLICABLE LAW, USE OF MATCHLOG PLATFORM IS AT YOUR SOLE RISK. THE SERVICES AND PRODUCTS MADE AVAILABLE ON MATCHLOG PLATFORM ARE SUBJECT TO CONDITIONS IMPOSED BY MATCHLOG, INCLUDING BUT NOT LIMITED TO TARIFFS, CONDITIONS OF CARRIAGE AND GOVERNMENT REGULATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of MatchLog Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of such party’s liability shall be the minimum permitted under such applicable law.
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Services in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Services to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.
MatchLog may provide the Services or access to MatchLog Platform under the terms of a separate agreement between you and MatchLog (each, an "Other Agreement"). MatchLog's obligations with respect to any service that it makes available to you under any Other Agreement shall be governed both by the Other Agreement and these Terms and Conditions, as may be applicable, under which such product or service is provided.
If you believe that any content from our Services violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
(a) Your physical or electronic signature;
(b) Identification of the copyrighted work(s) that you claim
to have been infringed;
(c) Identification of the material that you claim is infringing and that you
request us to remove;
(d) Sufficient information to permit us to locate such
material;
(e) Your address, telephone number, and email address;
(f) A statement that you have a good
faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or
under the law; and
(g) A statement that the information in the notification is accurate, and under
penalty
of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner.
MatchLog’s Copyright Agent to receive DMCA Takedown Notices is Manish Singh, privacy@matchlog.delivery, at MatchLog, Attn: DMCA Notice, 805, Synergy Towers, Corporate Road, Prahladnagar, Ahmedabad 380015. India. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by MatchLog in connection with the written notification and allegation of copyright infringement.
These Terms and Conditions, together with any Other Agreement, additional terms to which you agree when using particular elements of the MatchLog Platform, constitute the entire and exclusive and final statement of the agreement between you and MatchLog with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and MatchLog with respect to such subject matter. MatchLog shall not be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms and Conditions is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of MatchLog or any force majeure event. These Terms and Conditions and the relationship between you and MatchLog shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The failure of MatchLog to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of MatchLog and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the MatchLog Platform. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or MatchLog. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MatchLog without restriction.
MatchLog may, in its sole and absolute discretion, change these Terms and Conditions from time to time. MatchLog will post notice of such changes on the Platform. If you object to any such changes, your sole recourse shall be to cease using the MatchLog Platform. Continued use of MatchLog Platform following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms and Conditions may be superseded by expressly-designated legal notices or terms located on particular pages of the MatchLog Platform and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and Conditions and to supersede the provision(s) of these Terms and Conditions that are designated as being superseded.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Attention: Harsh Vardhan Gupta
Address: A-802, Signature-2, Sarkhej Sanand Highway, Ahmedabad - 382210, Gujarat, India.
Tel No.: 1800-309-9887
Email: legal@matchLog.delivery
You may register your complaints regarding the services or any other issue relating to these Terms and Conditions with the above-mentioned Grievance Officer. Every attempt shall be made to offer you suitable and appropriate solutions.
If you have any questions about these Terms and Conditions or any other concerns, you can also email us at support@matchLog.delivery.