Terms and Conditions

Version 1.1

AGREEMENT

These terms and conditions forms a binding agreement (“Terms & Conditions”) between you and the Legal Entity that you are representing, if any, (hereinafter collectively referred to as “You” or “Your” or “User”, which expression shall, unless it is repugnant to the subject or context thereof, mean and include its legal heirs, executors, administrators, successors, affiliates, and permitted assigns) ON ­­­THE ONE PART and MACCHU WORLDWIDE, a having its corporate office at GF-1 , SHASTRI NAGAR, GHAZAIBAD- 201002 India (hereinafter referred to as “MACCHU WORLDWIDE” or “We” or “Our” or “Us”, which expression shall, unless it is repugnant to the subject or context thereof, mean and include its successors, affiliates and assigns) ON THE OTHER PART.

The User and Macchu Worldwide shall hereinafter collectively be referred to as “Parties” and individually as “Party”.

INTRODUCTION

Macchu Worldwide owns and operates the website “www.Macchuworldwide.in”  (“Website”) and application “Macchuworldwide” (“App”) (hereinafter the Website and App are together referred to as “Platform(s)”).

We through the Platforms offer logistic/shipping services to You either through Shipping Vendors or ourselves (“Services”) and/or sell certain Products, in accordance and subject to compliance with the terms and conditions contained in the Agreement.

Please read these Terms & Conditions and other documents referred herein carefully before registering on, accessing, browsing, downloading or using any Services or purchasing any Products offered on the Platforms or any electronic device.

ACCEPTANCE

Eligibility: The Platforms, the Services and the Products are only available for, and to, persons who are competent to enter into legally binding agreements under the Indian Contracts Act, 1872. For avoidance of any doubt, no Services or Products or access to the Platforms will be available to any person that has been previously stopped/blocked from accessing the Platforms or availing the Services or purchasing the Products by Macchu Worldwide, unless specifically permitted by Macchu Worldwide at its sole discretion.

User’s Representations: By accessing, browsing, using or registering on the Platforms or availing the Services or purchasing any Products, You are representing the following:

• You are 18 years of age or older;
• You are capable of entering into a legally binding agreement as per the Applicable Law;
• You are not barred or otherwise legally prohibited from accessing or using the Platforms and/or Services and/or Products;
• You have all necessary rights, powers and authority to enter into and perform the Agreement;
• That the entrance and performance of the Agreement by You and/or entity You are representing shall not violate any Applicable Law and shall not breach any agreement, covenant, court order, judgment or decree to which You are bound; and
• That You have read and understood the contents of the Agreement and that the Agreement will not be construed in favour of or against You due to Macchu Worldwide drafting the Agreement, and that no presumption or burden of proof shall arise favoring or disfavoring Macchu Worldwide by virtue of being the author of any provisions of the Agreement.

User’s Acknowledgement: By accessing, using, browsing, downloading, or clicking on the “Continue” box or checking the box “I agree to the Terms and Conditions” or registering on the Platform or availing any Service or purchasing any Product, it shall be deemed that You irrevocably and unconditionally agree, consent and accept:

• all of the provisions of the Agreement in its entirety and that the Agreement forms a legally binding contract between You, the Legal Entity You are representing (if applicable), Macchu Worldwide and other relevant parties in connection with availing the Service(s) and/or using, browsing or accessing the Platforms and/or purchasing any Products;
• that the Agreement shall be deemed to have come into effect, and each of the provisions of the Agreement to the extent applicable;
• that Macchu Worldwide has the right to, from time to time, alter, add, remove, amend and/or modify any portions or whole of the Agreement, without any prior notice to You, and You agree to comply with such amended Agreement. Once posted, the changes will come into effect immediately unless specifically stated otherwise. Macchu Worldwide may update You on an annual basis or as otherwise prescribed under Applicable Law of all the changes or amendments made by Macchu Worldwide to the Agreement. For avoidance of doubt, it is hereby stated that any change or amendment made to the Agreement will come into effect immediately upon posting (unless otherwise specified) and not on the day on which You may be notified of the changes. Any failure or delay in updating You of the changes or amendments to the Agreement by Macchu Worldwide will not impact the validity and effectiveness of those changes or amendments. You will be solely responsible for keeping yourself updated of the changes/amendments in the Agreement by regularly reviewing the Agreement on the Platforms and checking for any updates or changes on a regular basis. Continued access or use of Platforms and/or availing of Service(s) and/or purchase of Product(s) will be deemed to constitute Your irrevocable and unconditional acceptance of the amended Agreement;
• that You have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Services. Please note that your continued use of the Platform following such Updates would constitute deemed acceptance by you of the same.
• that You have not and shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity;
• that it is Your absolute responsibility to independently evaluate, or obtain independent advice from a competent professional of, the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Platforms specifically or on the internet generally;
• that if at any time You do not agree with any provision of the Agreement or do not wish to be bound by the Agreement, You shall immediately cease Your use of the Platforms, Services and Products and forthwith make payment of all outstanding amounts due to Macchu Worldwide. You shall be bound by and shall continue to adhere and abide by the Agreement, for so long as You avail the Service or owe any amount to Macchu Worldwide in relation to any of the Service(s) and/or Products;
• that You are responsible for all activities and transactions that occur under, or takes place through, Your account, whether knowingly or negligently and if anyone uses Your account, including individuals under 18 years of age, You will still be responsible for ensuring that such individuals comply with these Terms & Conditions and You will be solely responsible for all actions these individuals take in and/or through Your account. You also acknowledge that Macchu Worldwide does not have any responsibility of ensuring that You meet the aforesaid eligibility requirements;
• that You are using the Platform(s) only for the Service(s) and/or purchase of Product(s);
• that You will not indulge directly or indirectly in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with Macchu Worldwide, including Our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices;
• that You shall not access or use the Platforms in any manner that (i) may be harmful to the Platforms or its operation or its content or to other users; (ii) may be unlawful and not in accordance with Applicable Law; (iii) may hinder the other users’ enjoyment of the Platform; or (iv) to defraud other users, and/or Macchu Worldwide;
• You shall neither attempt to delete/modify the Platforms nor post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the Platforms or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platforms;
• You understand and accept that not all Services and Products offered on the Platforms are available in all geographic areas and You may not be eligible for all the Services and the Products offered on the Platforms. Macchu Worldwide reserves the right to determine the availability and eligibility for any Services and/or Products;
• That You will use the Services only for purposes that are permitted by: (a) the terms of usage as outlined in the Agreement; and (b) 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); and
• to receive communications, correspondences, updates, notifications, etc. from Macchu Worldwide through email, SMS, Whats-app and any other mode as agreed from time to time, and it agrees that the said communications, correspondences, updates, notifications, etc. will be legally binding on them.

User’s Undertakings: While accessing or using the Platforms and/or Service and/or Products, You hereby irrevocably and unconditionally agree and undertake not to:

• violate any of the provisions of the Agreement;
• avail Services and/or Products with monies that may have been obtained illegally or fraudulently or from sources not permitted under Applicable Law;
• infringe Our or any third party’s intellectual property rights, rights of publicity or privacy;
• post, transmit, modify, store, update, or share any message or content data, image or program which: (i) is libellous, defamatory, racially or ethnically objectionable; or (ii) discloses private or personal matters concerning any person; or (iii) is false or untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or (iv) is pornographic, vulgar, paedophilic, offensive in nature;  or (v) which is harmful to a child; or (vi) threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, public order; or (vii) which causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation;
• refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provided by You to Macchu Worldwide;
• use the Platforms or Services in any manner that could damage, disable, overburden, or impair these, including, without limitation, using Platforms or Services in an automated manner;
• use any robot, spider, other automatic device, or manual process to monitor or copy the Platforms, in whole or in part;
• take any action that imposes an unreasonably or disproportionately large load on the infrastructure / network of Macchu Worldwide;
• sell Services/Products, information, or software associated with or derived from these or represent as Macchu Worldwide’s representative to undertake the same;
• use the facilities and capabilities of Platforms to conduct any activity or solicit the performance of any illegal activity or any activity that is unlawful or forbidden under applicable law or under the Terms & Conditions or other activity which infringes the rights of others; and
• use Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to Macchu Worldwide, a third party or You.

USE OF PLATFORM AND AVAILING OF SERVICES

Provided You accept and comply with the Agreement, and have not revoked your acceptance, Macchu Worldwide hereby grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use Platforms and/or avail all or some of the Services and/or purchase the Products. The availing of any Service(s) by You shall also be subject to compliance with all the other rules, guidelines, policies, terms, and conditions specified by Us for that particular Service(s) being availed by You. You hereby consent and agree to comply with the rules, guidelines, policies, terms and conditions, instructions, requests, etc., as may be specified by Macchu Worldwide, from time to time, in relation to each Service availed or to be availed by You. Your access to avail the Services will at all times be solely at the discretion of Macchu Worldwide.

Registration on Platform: In order to gain access to the Platforms, You need to open a User’s account with Macchu Worldwide by registering on the relevant Platform and completing the authentication process through one of the methods of authentication specified on the Platforms, including but not limited to, entering the one-time password (OTP) issued by Macchu Worldwide to You on Your mobile number that shall be provided by You. Your access to the Platform will be linked to the said mobile number which shall be the registered mobile number. You agree, consent to and acknowledge that as part of the registration process, You will provide personally identifiable information about You like Your Name, email address, mobile phone number, address and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.), which shall be stored by Macchu Worldwide and, Macchu Worldwide may also store information about the pages on the site You visit/access, the links you click on the site, the number of times you access the page and any such browsing information. All such information shall be stored and used in accordance with the Privacy Policy.

Account Data Confidentiality and Verification: You hereby agree, represent, warrant and confirm that:

• at the time of registration of Your account, You are obliged to provide correct, complete and accurate information including your personal information such as name, address, contact number, and KYC details, and further You shall at all times maintain accurate, complete and up-to-date account information including the personal information in Your account. The login data/credentials are intended solely for Your personal use and therefore, are always to be kept secret and safe. Multiple users are not permitted to share the same/single log-in. You are not entitled to share the login credentials with any third parties for using Services or to disclose these otherwise. Further, You will be at all times responsible to maintain the confidentiality of the login credentials of Your account. You will immediately notify Macchu Worldwide of any unauthorized use of Your passcode or account or any other breach of security, and in the event Your device has been lost or stolen, You shall request Macchu Worldwide, to block the account and/or change the passcode immediately for the account;
• You will provide additional information, on the request of Macchu Worldwide to verify Your identity as a condition of providing any Service(s) to You or before Macchu Worldwide permits You to use Service(s) through Your relevant account;
• You shall be solely responsible for immediately notifying Macchu Worldwide by contacting on support@Macchuworldwide.in of any change in Your e-mail address and/or mobile number registered with Macchu Worldwide and/or any other Personal Information provided by You to Macchu Worldwide for accessing the Platforms and/or availing the Services and/or purchasing the Products;
• You may only possess one account, unless otherwise permitted by Macchu Worldwide in writing; and
• You will provide the complete and correct address/description of the Customer to whom the Shipment(s) have to be delivered as well as all the relevant information/details and documents (including but not limited to e-way bill number and GST invoice, if applicable) while handing over the Shipment(s) as required for purposes of providing the Services like custom clearances etc.

Scope of Service: The User by availing the Service(s) shall be deemed to have irrevocably and unconditionally agreed, consented and accepted to the following:

• That it will comply with the provisions of the Agreement as amended from to time;
• the actual pick-up and delivery of Shipment(s) maybe undertaken by sub-contracted Shipping Vendors of Macchu Worldwide, and that it shall be the sole responsibility of the User that the Shipment(s) are ready for pick-up prior to scheduled pick up;
• User shall collect and keep as record the duly signed shipping manifest, which shall be evidence of the handover of the Shipment(s) to the Shipping Vendors or Macchu Worldwide, as the case may be;
• pick-up will only be undertaken from the location set out by the User on the Platforms at the time of booking the Shipment(s);  
• that the Shipping Vendor shall be assigned by an automated process based on various factors like the location/pin code of the pick-up/delivery, nature of goods being shipped and the type of delivery speed, and a tracking number may or may not be assigned, which shall depend on the Shipping Vendor and/or pin-code/geographical location of delivery. That there is no assurance that a proof of delivery will be provided to the User;
• to provide each Shipment with shipping label prominently displayed on it, and the shipping label shall provide all details including the Customer’s name, address, contact details, return address, details of the contents, order number and gross value;
• all Shipment(s) to be properly packed with good quality materials, and if applicable it shall contain an invoice complaint with Applicable Laws, and the packing shall be tamper/damage proof. Macchu Worldwide shall have no liability of any kind whatsoever, in the event of any kind of damage/leakage/tampering/pilferage etc. on account of poor packaging of the Shipment(s) which shall be solely Yours;
• that it shall be solely responsible for ensuring compliance with all Applicable Laws with respect to the contents of the Shipment(s) and the booking and sale/delivery of the Shipment(s);
• that Macchu Worldwide reserves its rights to provide online tracking, if available, for all Shipments through its Shipping Vendors;
• that the User is fully aware of the items prohibited in terms of Applicable Law, on the Platforms and/or Shipping Vendor’s website for carriage and undertakes that it shall not book or handover or ship or attempt to ship any Shipments which is prohibited, restricted, banned, illegal, stolen, counterfeit, fraudulent or infringing/in breach of any third party rights or Applicable Law (including Shipping Vendors guidelines) or which contains any currency, cash, gold, silver, diamond, platinum, precious metals, precious stones, jewellery (excluding artificial jewellery), bullion, financial and security instruments, or any reactive, hazardous or dangerous items/goods. An indicative list of the dangerous goods and restrictive goods has been set out in Annexure A, however the list may not be exhaustive, and it is the User’s sole responsibility to keep itself upraised of the latest position under Applicable Law, guidelines issued by Macchu Worldwide and/or the Shipping Vendor in reference to the same. 

In the event User hands over or provides the Shipment(s) to Macchu Worldwide/its Shipping Vendors in contravention of the above clause, then Macchu Worldwide/its Shipping Vendors shall not be responsible/liable for any loss, damage, theft or misappropriation or confiscation or seizure of such goods even if Macchu Worldwide/its Shipping Vendors or the delivery personnel has/have knowledge of the same and even if such loss, damage, theft or misappropriation or confiscation or seizure is caused due to any reason attributable to Macchu Worldwide/its Shipping Vendors or the delivery personnel. The User undertakes that in the event any contents of the Shipment(s) booked/handed over by it falls within the category of the banned/illegal items or those described above (including reactive, hazardous and dangerous goods which are in breach of any Applicable Law or of any packaging/transportation guidelines of the concerned Shipping Vendor), then the User agrees to indemnify Macchu Worldwide, its Shipping Vendor and their respective personal and representatives for any and all issues, losses and damages arising pursuant thereto. In addition, Macchu Worldwide would inter-alia have the right to retain the custody of such Shipment(s) (including opening, inspecting and subsequently disposing of Shipment(s)) and to levy damages/charges (along with the applicable GST amount and freight charges) of Rs. 1,00,000/- (Rupees One Lakh only) per incident/shipment or as prescribed under Applicable Law or of such other amount as decided by Macchu Worldwide in its sole discretion;

• User understands, agrees and acknowledges that Macchu Worldwide is a mere bailee of the Shipments and the contents therein and is not an insurer of the same. User hereby expressly and specifically waives all its rights and claims against Macchu Worldwide and its Shipping Vendors arising out of or in relation to the principles of insurance.
• With respect to some Shipment(s), there may be a possibility that physical delivery to Customer won’t be possible, and the Shipment(s) will be delivered in open porch / mailbox or Customer has to do self-collection from access pickup point of carrier, and these cases will be closed as delivered on system.

Arrangements with Third Party: Where any Products and/or Services are made available to You through any third party, such Products and/or Services will be provided on an as is and as available basis, without any representations and warranties, express or implied by Macchu Worldwide. Macchu Worldwide does not make any representations pertaining to the information, content, Products and/or Services listed or included on or delivery of any such Products and/or Services to You through any third party, except as specifically stated in writing. You explicitly agree, acknowledge and confirm that Macchu Worldwide is not responsible in any way for the Products and/or Services purchased and/or availed by You from any third Party. You hereby agree, represent, warrant and confirm that:

• Macchu Worldwide shall not be liable, in any manner whatsoever, for failure of any transaction undertaken by You on any third party’s platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the third party, deficiency of products and/or services delivered and/or technical errors on the third party’s platform;
• You shall be solely liable for any losses, disputes, and/or fraudulent transactions undertaken on any third party’s platform due to any reason whatsoever and Macchu Worldwide shall have no liabilities in this regard. Further, Your recourse, if any, will be against the relevant third party and Macchu Worldwide will neither be a necessary nor a proper party to any such issue and/or dispute between Yourself on the one hand and the third party.

Mechanics of payment transactions: The mechanism for payment in respect of a particular Service or Product shall be as set out on the Platforms for that particular Service or Product. Please carefully read through the same to apprise Yourself of the payment mechanism and procedure for that particular Service or Product.

KYC check and authentication documents: For availing some Services, You may be required to provide certain Know Your Customer (KYC) information and other authentication documents as prescribed under Applicable Law and as specified on the Platforms. Please carefully read through the same to apprise Yourself of the KYC documents required for that particular Service. 

Notwithstanding anything contained herein to the contrary, the User hereby:

• agrees that the User has voluntarily submitted the various KYC information and documents (including but not limited to Aadhaar card/OTP, PAN card, voter id, passport, driving license, GST certificate, income tax returns, entity details, credit card details, debt card details, other financial instrument details etc.) and requisite information as required by Macchu Worldwide from time to time;
• provides its consent for verification of the information and documents submitted to Macchu Worldwide in order to establish its genuineness in the manner permitted by Applicable Laws; and
• provides its consent and further authorizes Macchu Worldwide to share User’s relevant details and documents (including but not limited to business/registered name(s), phone number(s), address(es), email-id(s), PAN card, bank account details, KYC documents, etc.) with the concerned entity for processing of insurance claims and with the concerned judicial authority, court, police, complainant, etc. (as the case may be) in the event of a complaint being filed against the User or dispute being raised in relation to the Shipment(s) made by the User.

Communications and Information: For the purposes of communicating with You and seeking information/authentication from You:

• Macchu Worldwide may send alerts to the mobile phone number or e-mail or push notifications as provided by You, while registering with the Platforms and/or for any Service(s) availed and/or Products purchased, or on any updated mobile number or e-mail address subsequently provided by You;
• You will be able to receive the alerts sent: (i) via short messaging service (SMS), only if the mobile phone is in On mode to receive the SMS; (ii) via e-mail, only if the e-mail servers and e-mail ids are functional; and (iii) via push notifications, only if You have enabled the receipt of such notifications. If the mobile phone is in Off mode or if the e-mail servers or email-ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages; and
• Macchu Worldwide will make reasonable efforts to provide alerts via SMSs, e-mails or push notifications and it shall be deemed that You shall have received the information sent by Macchu Worldwide as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using of the Platform or availing of any Service or purchasing of any Product. Macchu Worldwide shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. Macchu Worldwide shall not be liable for non-availability or non-receipt of the SMSs, email alerts, or push notifications service in any manner whatsoever.

Territorial Restrictions: The territorial restrictions of each Service shall be as set out on the Platforms for that particular Service. Please carefully read through the information set out on the Platforms for a particular Service to apprise Yourself of the territorial restrictions that apply in relation to that Service.

Suspension/Termination of Account: You also hereby explicitly agree, acknowledge and confirm that Macchu Worldwide shall have the right to suspend or terminate Your account and refuse any and/or all Services/Products, at the sole discretion of Macchu Worldwide without any prior notice to You: (a) if it is found that You have provided any information including personal information that is untrue, inaccurate, not current, or incomplete; or (b) if You are in breach of any of the provisions of the Agreement; or (c) for any other reasons deemed fit by Macchu Worldwide. Macchu Worldwide shall not be liable in any manner whatsoever for any loss or damage incurred by You or any dispute initiated by or against You, due to any untrue, inaccurate, not current, or incomplete information provided by You or You being in breach of the provisions of the Agreement.

Further, if We have reason to believe that there is suspicious or unusual activity being carried out through Your account, We may temporarily or permanently suspend your access to the Services and/or Platform, but the same shall not be construed to mean any obligation on Macchu Worldwide to ensure suspension or termination of account if there is any suspicious or unusual activity being carried out through Your account. If We suspect that any feature, offer or reward promotion is being availed by You in a manner (i) that it is not intended to be availed; (ii) that is designed to deliberately side step fair use restrictions; (iii) that may result in you gaining an undue, unfair or unethical advantage over other users; (iv) that is intended to cause losses or other harm to Macchu Worldwide or other partners, Macchu Worldwide reserves the right, but the same shall not be construed to mean any obligation on Macchu Worldwide, to reverse the relevant transaction, suspend the account or restrict You from using the Platforms in their entirety or any specific feature(s) thereof. You may reach out to the Macchu Worldwide support team to assist You with any query or question arising as a result of the aforementioned suspension/ deletion.

You may end your legal agreement with Macchu Worldwide at any time by deactivating your account and discontinuing the use of the Services. We provide all Our users an option through which You may request deletion/deactivation of the complete account on the Platforms. Provided however, Macchu Worldwide may continue to maintain records for record keeping and archival purposes and/or regulatory reasons. Deletion of the account or Termination also does not terminate Your obligations undertaken prior to deletion or termination of the account including but not limited to the obligation to repay any outstanding dues.

Consequence of Suspension/Termination: In the event of any termination or suspension of any Service or Your account, You shall continue to remain liable to pay in full all amounts due and payable to Macchu Worldwide in relation to that Service and shall not be discharged from Your obligation to comply with all applicable provisions of the Agreement until such amounts are paid in full.  

PERSONAL INFORMATION 

Privacy Policy: You hereby agree, and expressly consent to, that Your Personal Information shall be collected, handled, stored, analysed, and used by Macchu Worldwide or any other third party, as the case may be, for the purpose of providing You access to the Platform, enabling the use of Services and to comply with Applicable Law. Your Personal Information shall be collected, handled, stored, analysed, and used by Macchu Worldwide in accordance with its privacy policy, as amended from time to time. You hereby irrevocably and unconditionally accept the Privacy Policy of Macchu Worldwide. In case of any discrepancy between the terms of the Terms & Conditions and the Privacy Policy pertaining to handling, processing, using, sharing, disclosing, etc. of Your Personal Information, the terms of the Privacy Policy shall prevail.

Sharing of Personal Information: You understand and agree that, to the extent permitted by Applicable Law, any data provided by You in connection with the Services may be shared with Our subsidiaries, affiliates or partners, and/ or used by Us for providing and/or enhancing the Services, including but not limited to creating new products.

Personal Information: For the purposes of this Terms & Conditions, “Personal information” shall mean all personal information provided by You, together with personal information received by Macchu Worldwide from third parties or generated in the course of You accessing the Platforms and availing the Services. You hereby explicitly agree, acknowledge and confirm that such Personal Information may be displayed, automatically or otherwise, upon logging into Your account on the Platform(s). Please note that some of Your information, including Personal Information required to service Your account, is readily available on the Platforms and only viewable by You by logging on to the relevant Platforms. 

FEES AND PRICING

With respect to pricing of the Services/Products and payment of fees by You, You hereby agree and confirm the following:

• You are responsible for any and all fees that may be applicable to certain transactions or use of the Platform or Services or purchase of Products; where you will be notified of such applicable fees, prior to the completion of any transaction or use of the Platform or Services or purchase of Products. By clicking ‘Proceed’ / ‘Submit’ / ‘Continue’ or any other similar button on the Platform, you shall be deemed to have consented to the fees displayed on the said page;
• fees/pricing shall be calculated in accordance with the Merchant Agreement, as amended from time to time. You hereby irrevocably and unconditionally accept the Merchant Agreement of Macchu Worldwide. In case of any discrepancy between the terms of the Terms & Conditions and the Merchant Agreement, the terms of the Merchant Agreement shall prevail.
• Macchu Worldwide reserves its rights, at its sole discretion, to add new services for additional fees and charges or to proactively amend fees and charges for existing Services, at any time. Fees stated prior to the Services being provided or Products being purchased shall apply;
• Macchu Worldwide strives to provide accurate services and product pricing information, however errors may occur. All the Services and Products listed on the Platforms will be sold at MRP unless otherwise specified. In the event, that an item is wrongly priced, Macchu Worldwide may, at its discretion, either contact you for instructions or cancel Your order and notify You of such cancellation. Unless the Services or Product ordered by You have been explicitly accepted by Macchu Worldwide, Macchu Worldwide will have the right to modify the price of the Services/Products and contact You for further instructions, or cancel the order and notify You of such cancellation;
• You agree that the billing credentials provided by You to Us will be accurate and You shall not use billing credentials that are not lawfully owned by You;
• Unless specifically stated otherwise, all fees shall be exclusive of all taxes like Goods and Service Tax, which shall be charged as applicable additionally and the User will be solely responsible for payment of all such taxes, legal compliances, and statutory registrations and reporting under Applicable Law. Macchu Worldwide under no circumstances shall be liable for any of the User’s taxes or legal or statutory compliances;
• Pre-paid accounts: Services and/or Products provided by Macchu Worldwide shall be on pre-paid basis, unless agreed or specified otherwise, and the User shall credit an amount in its respective account with Macchu Worldwide to avail the Services and/or purchase the Products;
• The User shall credit monies in its account with Macchu Worldwide basis its needs and usage of the Services and/or purchase of the Products on the Platforms;
• The account of the User shall be activated by Macchu Worldwide at its sole discretion upon credit of monies by the User;
• Macchu Worldwide will raise an invoice for the Services availed and the Products purchased, which shall be made available to the User on the Platforms after login by the User to its account. That Macchu Worldwide shall debit the monies from the User’s account equal to amount of the invoice raised. In the event upon collection of the Shipment(s) it is found that the weight of the Shipment(s) provided by the User is incorrect and extra charges are payable then the same shall be deducted from the User’s account and revised invoice shall be raised by Macchu Worldwide.
• In the event, the invoice amount is more than the credit balance in the account of the User, the invoice shall be marked as unpaid, and the Shipment(s) shall be suspended until the User deposits sufficient monies in its account to clear the invoice raised.
• It shall be the sole responsibility of the User to verify the accuracy of the details set out in the Invoices, and in the event of any discrepancies in the content of the Invoice the same shall be raised by the User and informed to Macchu Worldwide within 3 (three) days of the Invoice being made available to the User. The User shall support all claims made by it with the signed copy of the manifest sheet of the pickup against which the Shipping Vendor/Macchu Worldwide has received/picked-up the Shipment(s). Without the signed manifest the claim shall not be considered valid.
• The User cannot request for refund of the credit balance in the User’s account, the balance in the account once added can only be utilized for the services offered by Macchu Worldwide. No request for refund shall be entertained.
• If the User fails to pay any monies due to Macchu Worldwide under the Agreement by the due date then, and/or on termination/suspension/expiry of the Agreement in terms of the Agreement, Macchu Worldwide will have the right to: (i) deduct the amounts from any other monies that Macchu Worldwide owes to the User, and/or (ii) retain the custody of (and subsequently dispose within 30 days of retention) the Shipments of the User which are in the possession of Macchu Worldwide or any of its Shipping Vendor or any other third party, and/or (iii) levy an interest of 18% per annum from the due date of payment, till such time that the User makes entire payment towards the invoice, and/or (iv) forfeit the security deposit amount of the User (if any) lying with Macchu Worldwide. Without prejudice to the above, the User hereby agrees that it shall become liable to pay the charges as soon as the Shipment(s) are picked up from the User, and that Macchu Worldwide shall have a right to recover such charges from the User (for all the Shipment(s) which have been picked-up/shipped/RTO) as per the various modes agreed under the Agreement.