Terms of Use

By accessing our website, you are agreeing to be bound be these terms of service, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws

I. Introduction

Welcome to PortEight!

These Terms of Use (“Terms”) govern your access to and use of our digital supply chain and procurement solution, including any content, functionality, and services offered on or through the Platform (collectively, the “Service”). These Terms apply to all users of the Service, including but not limited to buyers, suppliers, and transporters.

Our Platform offers multiple services related to transport facilitation, including GPS tracking services, facilitating real-time monitoring and visibility of fleet and shipments, thus enhancing the efficiency and effectiveness of logistics operations. We also provide an intermediary bidding platform to create a marketplace for buyers, suppliers, and transporters, facilitating transport-related needs.

PortEight reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Platform and give you an option to accept and continue the use or reject and stop using the Services. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any updates or changes.

If you do not agree with any part of these Terms or the Privacy Policy, you must not access the Platform or use the Service.

II. Definitions

1. "Affiliate" shall mean, with respect to a Party, an entity which:

   1. is, directly or indirectly, controlled by such Party;
   2. directly or indirectly controls such Party; or
   3. is, directly or indirectly, controlled by a company or corporation that also, directly or indirectly, controls such Party.

2. "Applicable Laws" shall mean all statutes, laws, regulations, ordinances, rules, determinations, judgments, rule of law, orders, decrees, policies, guidelines, permits, approvals, concessions, grants, franchises, licenses, requirements, or any similar form of a decision of, or any provision or condition of any permit, license or other operating authorization issued by any Government Authority having or asserting jurisdiction over the matter or matters in question, whether now or hereafter in effect, to the extent applicable to these Terms;

3. "Confidential Information" shall mean and include without limitation confidential or proprietary information, whether in oral, written, graphic, or electronic form, whether conspicuously marked “confidential” or otherwise, belonging or relating to the PortEight or its suppliers and customers, including without limitation information related to its business, business plans, budgets, customer data, client details, operating expenses, capital costs, affairs, financial forecasts, recipes, invention, software program, contract, data, database, process, designs, drawings, photographs, formulas, know-how, pricing information, financial/ marketing/ sales/ employee/ investor data, trade secrets, work in progress, specifications, data, artwork, and the information supplied by PortEight or belonging to PortEight, vendor/ supplier and customer lists or activities;

4. "Content" shall mean all kind of listings that user upload on the Platform in order to avail the Service;

5. "Government Authority" shall mean the Government of India, Governments of any state in India, and any ministry, department, board, authority, agency, corporation, or commission under the direct or indirect control of Government of India or any of the state Government(s) or both, any political sub-division of any of them including any court or tribunal or judicial or quasi-judicial body in India, having or purporting to have jurisdiction over the Company and performance of the obligations and exercise of rights of the Parties in accordance with these Terms, or any matter arising from or in connection with these Terms;

6. "Intellectual Property" shall mean all trade names, trademarks, service marks, service names, trade address, patents, copyrights, website platforms, logos, drawings, registered/unregistered designs, domain names and utility models, inventions, brand names, databases and database rights, know-how, product specification, and business/corporate names, and any similar rights of the Parties situated in any country and the benefit of any of the foregoing (in each case whether registered or unregistered and including applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world);

7. "Loss" means all direct actions, claims, damages, losses, costs (including reasonable legal and other professional costs) and liabilities and also includes any indirect, consequential, remote or speculative loss or damages;

8. "Platform" shall mean the intermediary technology through the website and mobile application that PortEight provides to its Users to facilitate listing, viewing and availing of services by other Users;

9. "Services" shall mean the comprehensive logistics and supply chain management services through its SaaS application, connecting of transporter with buyers and suppliers, the ability to receive requests for quotes from buyers, respond to quotes within a digital supply chain;

10. "Terms" shall mean the terms of use for the PortEight Platform as per this document. These terms will serve as a binding agreement between the Users and PortEight and are enforceable by law; and

11. "User" shall mean an individual or organisation who seeks services of PortEight by creating an account, either for self or on behalf of an organisation with due approval. The Platform allows three different types of users: buyer, supplier and transporter.

III. Eligibility

Our Services are not meant for minors and the Users must be at least 18 years old and legally capable of entering into a binding contract to use the PortEight Platform. By using the Platform, Users represent and warrant that they meet these eligibility requirements.

IV. User Accounts

1. Account Types: Users can register for different account types based on their role on the Platform, such as buyers, suppliers, and transporters. Each account type offers specialised functionalities tailored to the type of User's needs and responsibilities within the Platform.

2. Profile Management: Users have the ability to manage their profiles and data within the Platform through the “My Account” section. This includes updating personal information, organisation details, and account settings.

3. Account Security: PortEight is committed to ensuring the security of User accounts. While Users are responsible for safeguarding their login credentials, PortEight takes measures to protect User data and systems. Users should report any suspicious activity or unauthorized access immediately to PortEight for prompt investigation and resolution.

V. Use of the Platform

1. Acceptable Use: Users shall use the Platform solely for lawful purposes and in accordance with these Terms. Users agree not to use the Platform:

   1. Utilizing our comprehensive logistics and supply chain management services, including GPS tracking, to enhance efficiency and effectiveness of your operations.
   2. Participating in our intermediary bidding Platform to create a marketplace for buyers, suppliers, and transporters, facilitating transport-related needs.
   3. Ensuring the accuracy and completeness of information provided for account creation, management, and transactions.
   4. Respecting the privacy and confidentiality of other Users and refraining from unauthorized disclosure of sensitive information.
   5. Complying with all applicable national, state, local, and international laws and regulations while using the Platform.

2. Prohibited Activities: Users are expressly prohibited from engaging in the following activities:

   2.1. Unauthorized Content: Posting, uploading, or transmitting any content that:

   1. Is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.
   2. Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
   3. Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under Applicable Laws or regulations, or that otherwise may be in conflict with these Terms.
   4. Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.

   2.2. Security Violations: Attempting to interfere with the proper working of the Platform, including:

   1. Engaging in any activities that may harm the Platform or User's access to the Platform.
   2. Using any device, software, or routine that interferes with the proper working of the Platform.
   3. Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
   4. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
   5. Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
   6. Otherwise attempting to interfere with the proper working of the Platform.

   2.3. Content Guidelines: Users must adhere to the following content guidelines:

   1. Compliance with Laws: All content must comply with applicable local, national, and international laws and regulations.
   2. Intellectual Property: Users must respect intellectual property rights and refrain from posting content that infringes on third-party intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets. Users shall not copy, modify, distribute, sell, or lease any part of the Platform or Services, nor reverse engineer or attempt to extract the source code of software used in the Platform, unless laws prohibit these restrictions or users have PortEight’s written permission.
   3. Accuracy: Users must ensure that all information provided is accurate, current, and complete. Misleading or false information is strictly prohibited.
   4. Privacy: Users must respect the privacy and confidentiality of others and refrain from posting any personal or sensitive information without proper authorization.
   5. Commercial Use: The Platform is intended for commercial use related to logistics and supply chain management. Users may not use the Platform for personal, non-commercial purposes.
   6. Data Privacy: Users must respect the privacy of others and refrain from disclosing confidential or sensitive information without proper authorization. Users are responsible for the data they provide and must comply with applicable data protection laws.
3. Integrity: All the Users of Platform agree not to indulge in any corrupt practices including without limitation any activity or action to influence the functioning of services and/or transactions relating to services on any aspect and commit to take all measures necessary to prevent corruption maintaining complete transparency and fairness in all activities related to PortEight. Users agree to follow and adhere with general integrity and good faith.
4. Payment: For uninterrupted usage, Users are required to make payments as per the terms agreed with PortEight, which can vary based on various factors. Failure to clear the payment within 30 days from the due date may result in the suspension of the account and may also lead to deletion. The user will not be able to access their account in any manner until the outstanding payment is settled.

VI. Content Ownership

1. Ownership of Platform Content: All content, including but not limited to text, graphics, logos, images, and software, created by or for PortEight and made available through the Platform, is the property of PortEight or its content suppliers and is protected by intellectual property laws. This includes all aspects of the platform's design, layout, and functionality.
2. User-Generated Content: Users retain ownership of any content they upload, submit, or post on the PortEight Platform. By submitting content, Users grant PortEight a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content in connection with the Platform and PortEight's business operations. Users are solely responsible for the content they upload, submit, or post on the Platform, including its legality, accuracy, and compliance with these Terms of Use and Applicable Laws. PortEight does not endorse or control user-generated content and disclaims any liability for such content.
3. Restrictions on User-Generated Content: Users are prohibited from uploading, submitting, or posting any content that:
1. Infringes on the intellectual property rights of others, including but not limited to copyrights, trademarks, patents, or trade secrets.
2. Contains false, misleading, or deceptive information.
3. Is defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.
4. Promotes illegal activities or advocates, promotes, or assists any unlawful act.
5. Contains any material that could give rise to any civil or criminal liability under Applicable Laws or regulations or that otherwise may be in conflict with these Terms.
4. Moderation of Content: PortEight reserves the right, but is not obligated, to monitor, review, and remove any user-generated content that it deems, in its sole discretion, to be in violation of these Terms or otherwise inappropriate. However, PortEight does not undertake to review all user-generated content and cannot ensure prompt removal of objectionable material.
5. User Responsibilities: Users are solely responsible for the content they upload, submit, or post to the Platform. By doing so, they represent and warrant that they own or have the necessary rights to such content and that the content does not violate these Terms or any Applicable Law. Users agree to indemnify and hold harmless PortEight from any claims, damages, or losses arising out of or related to their content, including but not limited to infringement of intellectual property rights, defamation, and privacy violations.
6. Third-Party Content: PortEight may display content provided by third parties or link to third-party websites. PortEight does not endorse or control such third-party content and is not responsible for its accuracy, completeness, legality, or any resulting damages or losses incurred by Users accessing or relying on such content.
7. Third-Party Links: Links to third-party websites or resources may be provided for User convenience. PortEight does not endorse or control the content or practices of third-party websites, and Users access such websites at their own risk. PortEight is not responsible for any damages or losses resulting from interactions with third-party websites or resources.

VII. Assignment

Users acknowledge and agree that the provisions, rights, and obligations under the Terms are non-transferable and non-assignable to any third party without the prior written consent of PortEight. In the event that PortEight provides such written consent, all conditions, rights, and obligations specified in the Terms shall be binding upon the third-party assignee in addition to the User.

Additionally, any assignment or transfer of the User's rights and obligations under these terms, whether voluntary, involuntary, by operation of law, or otherwise, without the express prior written consent of PortEight, shall be null and void. Upon granting consent, PortEight reserves the right to impose any additional conditions or requirements as it deems necessary to ensure compliance with the Terms.

VIII. Guarantee and Warrantee of Services availed through the Platform

The Services supplied under the Terms shall conform to the specifications and quality standards specified by the other User, and come with a standard market Guarantee/Warranty, unless otherwise specified by the User.

Notwithstanding the User's or its quality assurance officer's inspection and/or acceptance of the Services, it is further guaranteed that if, during the Guarantee/Warranty period, the services are found not to conform to the requisite description and quality, do not give satisfactory performance, or have deteriorated, the User's decision in this regard shall be final and binding on the service providing user. The User is entitled to call upon the service providing User to rectify and/or re-perform the Services or any portion thereof found to be defective within seven days.

In the event that the Guarantee/Warranty provided does not meet the promised standards, the User shall have the right to pursue remedies directly against the selling user. PortEight shall not be liable for any claims under the Guarantee/Warranty.

IX. Representations and Warranties

1. User represents and warrants that:

   1. if it is an individual, it has the power and legal capacity to enter into the Contract Documents and perform its obligations hereunder;
   2. if it is a company, firm or any other legal entity, it is duly incorporated or organised (as applicable) and validly existing and in good standing under the laws of India and has the power and legal capacity to enter into a binding contract as per the Terms;
   3. it has obtained all necessary approvals (if applicable) required to enter into a binding contract as per the Terms;
   4. the Terms constitute a legal, valid and binding obligation of the Party, enforceable against it as per its terms;
   5. there are no actions, suits, proceedings or investigations commenced or, to the best of its knowledge and belief, contemplated or threatened against it which could in any way affect its ability to perform the obligations under the Terms;
   6. it has and shall comply with all Applicable Laws applicable to the Services contemplated under the Terms; and
   7. its obligations, representations and warranties under the Terms are valid and binding and are enforceable against it.

2. PortEight represents and warrants that:

   1. Platform Availability: PortEight makes no warranties or representations about the availability, accuracy, completeness, reliability, or timeliness of any content available through the Platform. Users acknowledge that the Platform may be temporarily unavailable due to maintenance or technical issues.
   2. Use at Own Risk: Users agree that their use of the Platform is at their own risk. PortEight disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
   3. Third-Party Content: PortEight does not control or endorse any third-party content or services linked to or accessible through the Platform. PortEight is not responsible for any third-party content, services, or websites.
   4. No Guarantee of Results: PortEight does not guarantee any specific results from using the Platform. Results may vary based on user actions, market conditions, and other factors.

X. Limitation of Liability

1. Exclusion of Damages: In no event shall PortEight, its directors, officers, employees, or agents be liable for any indirect, consequential, special, incidental, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with the use or inability to use the Platform, even if PortEight has been advised of the possibility of such damages.
2. Limitation of Direct Damages: PortEight's total liability for any direct damages arising out of or in connection with the Platform shall not exceed the fees paid by the User, if any, to PortEight in the six months preceding the event giving rise to the claim.
3. No Liability for Third-Party Actions: PortEight is not liable for any actions, errors, or omissions of third parties, including other Users of the Platform, suppliers, transporters, or service providers.
4. No Warranty of Security: PortEight does not warrant that the Platform is free of viruses or other harmful components. Users are responsible for implementing appropriate security measures on their devices and networks.

XI. Indemnification

1. User Indemnification: Users agree to indemnify, defend, and hold harmless PortEight, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

   1. User's use of the Platform.
   2. User's violation of these Terms of Use or any Applicable Laws or regulations.
   3. User's infringement of any third-party rights, including intellectual property rights.
   4. User's negligence or wilful misconduct.

2. PortEight's Right to Defend: PortEight reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which case the User agrees to cooperate with PortEight in asserting any available defences.

XII. Termination

1. PortEight's Right to Terminate: PortEight reserves the right to terminate or suspend User access to the Platform or any part thereof, with or without cause, and with or without notice, at any time.

2. User's Right to Terminate: Users may terminate their account and use of the Platform at any time by following the account termination process provided by PortEight.

3. Consequences of Termination: Upon termination of user access or account, all rights granted to the User under these Terms of Use will immediately cease. PortEight shall not be liable to the User or any third party for any termination of access to the Platform.

XIII. Modifications to the Terms

1. Right to Modify: PortEight reserves the right to modify or update these Terms of Use at any time without prior notice. Users are responsible for regularly reviewing the Terms to stay informed of any changes.

2. Notification of Changes PortEight may notify Users of material changes to the Terms through the Platform or by other means deemed appropriate. Continued use of the Platform after such modifications constitutes acceptance of the revised Terms.

3. User Agreement By using the Platform, Users agree to be bound by the most recent version of the Terms of Use. If Users do not agree with any part of the Terms or any future updates, they must discontinue use of the Platform.

XIV. Service Interruptions

1. PortEight may need to interrupt the Service to perform necessary maintenance and upgrades. Users will be notified in advance of any scheduled downtime.

2. In the event of unscheduled downtime due to technical issues or other unforeseen circumstances, PortEight will work to restore service as quickly as possible but is not liable for any damages or losses incurred during such interruptions.

XV. Accessibility

1. PortEight is committed to ensuring that the Platform is accessible to users with disabilities. We strive to comply with all applicable accessibility standards.

2. Users who encounter accessibility barriers are encouraged to contactinfo@porteight.io with their feedback. PortEight will work to address accessibility issues promptly.

3. The Platform is designed to be compatible with common assistive technologies and to provide an inclusive user experience for all users.

XVI. Dispute Resolution between User and PortEight

1. Negotiation and Mediation: In the event of any dispute or claim arising out of or in connection with these Terms of Use, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator.

2. Arbitration: If mediation is unsuccessful, any unresolved disputes or claims shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in English and held in Delhi, India. The decision of the arbitrator(s) shall be final and binding upon both parties.

3. Exception to Arbitration: Notwithstanding the arbitration clause, either party may seek injunctive or other equitable relief from any court of competent jurisdiction to prevent or stop unauthorized use or abuse of intellectual property rights, confidential information, or any violation of rights that may cause irreparable harm.

XVII. Marketing and Communications

1. Consent to Communications: By using the Platform, users consent to receive communications from PortEight, including marketing emails, newsletters, and service updates.

2. Opt-Out: Users may opt out of receiving marketing communications at any time by following the unsubscribe instructions provided in the email or by contactinginfo@porteight.io. Opting out of marketing communications will not affect the receipt of important service-related communications.

3. Third-Party Communications: PortEight may share user information with third-party partners for marketing purposes, subject to user consent where required by law.

XVIII. Contact Information

1. Customer Support: For any questions, concerns, or assistance regarding the Platform or these Terms of Use, Users may contact PortEight's customer support team at info@porteight.io.

2. Notices: Any legal notices or communications required or permitted under these Terms of Use shall be in writing and delivered to the following address: srishti.jain@porteight.io

3. Grievance Officer: PortEight appoints a Grievance Officer to address any grievances or concerns related to the Platform or these Terms of Use. Users may contact the Grievance Officer at srishti.jain@porteight.io.