Logistics Junction hereby grants to the Service Receiver a revocable, non-transferable, nonexclusive, non-sub-licensable, limited and specific license to use the Portal. The Service receiver shall only use the Portal in accordance with the directions of Logistics Junction and in strict adherence to Service receiver Terms, and any default by the Service receiver in this regard will be considered as material and will entitle Logistics Junction to undertake all remedial measures available to it pursuant to the Service receiver Terms and/or under applicable laws, including charging of penalties described from time to time from amounts receivable by Logistics Junction to the Service receivers for carriage services recieved by the Service receiver on the Portal (“Carriage Services”). No right of a Service receiver under the Service receiver Terms or applicable law shall be enforceable by any person other than the Service receiver and the Service receiver shall not have the right to assign its rights or obligations under the Service receiver Terms to any person without the prior written consent of Logistics Junction. Logistics Junction retains the right to transfer its rights and obligations under the Service receiver Terms to any person without the prior consent of the Service receiver.
The Service receiver hereby represents, warrants and covenants to Logistics Junction that:
The Service receiver agrees that upon registration on the Portal, the Service receiver cannot refuse the performance of any work-order for Carriage Service generated on the Portal in respect of any load confirmed by the service receiver on the portal (“Work Order”). It is clarified that refusal by a Service receiver to honor a Work Order, will result in imposition of a penalty on the Service receiver subject to the cancellation charges as per the cancellation policies terms (https://www.logisticsjunction.com/cancellationPolicy) . The Service receiver agrees that these amounts will be deducted from any outstanding dues receivable from the Service receiver in respect of any Carriage Services already executed by such Service receiver.
Logistics Junction currently provides the following modes of payment for market price model:
Logistics Junction currently provides the following modes of payment for Fixed price model:
Payment for any Carriage Service rendered by a Service receiver on the Portal shall be processed to Logistics Junction as per the due date on the invoice raised by Logistics Junction .All payments by Service receivers shall be paid subject to applicable set-offs for any amounts or penalties due by the Service receiver to Logistics Junction. These payments shall be subject to the submission of all the necessary documents as may be prescribed by Logistics Junction.
In the event of any cancellation by a Service receiver (including by Service receiver Employees (defined below)) on any account whatsoever, Logistics Junction shall be entitled to levy penalties on the Service receiver, in addition to taking such other measures as it may deem fit. These measures shall include, without limitation, downgrading of the Service receiver on the Portal, imposition of minimum security deposit prior to permitting the concerned Service receiver to offer any further Carriage Services on the Portal. Please visit our website for further details in relation to Logistics Junction’s cancellation policies.
The Service receiver shall keep as confidential and not disclose to any third party any information concerning Logistics Junction’s business, Services (including without limitation any software, screen layouts, manuals and process workflows), Users, clients, investors, fees, software programs, trade secrets, data stored on servers, methods or processes etc. (“Confidential Information”), without the prior written consent of Logistics Junction. The terms and pricing of the Carriage Services, the manner of access to the Portal, the terms and pricing of the engagement between the Service receiver and Logistics Junction, the details of the various plans, offers, promotions, advertisements, expansion plan, re-organizations etc. in effect or planned by Logistics Junction shall be each considered Confidential Information. The Service receiver shall not by itself or by enabling or assisting a third person, reverse engineer the underlying technology of the Portal or the Services. The Service receiver acknowledges that any unauthorized use or disclosure of the Confidential Information shall cause irreparable damage to Logistics Junction and entitle Logistics Junction to pursue all remedies available pursuant to these terms or applicable law including levy of fines and penalties. If an unauthorized use or disclosure occurs, the Service receiver will take, at its expense, all steps that are necessary to recover Logistics Junction’s Confidential Information and to prevent its subsequent unauthorized use or dissemination, including availing itself of actions for seizure and injunctive relief. If the Service receiver fails to take these steps in a timely and adequate manner or in accordance with the directions issued by Logistics Junction in this regard, Logistics Junction shall be entitled to such actions at the cost of the Service receiver. Logistics Junction will undertake methods that are market standard to ensure that the confidentiality of the Service receiver’s registration details and details of the business transactions undertaken by it using the Portal or the Services are kept confidential. Provided however that Logistics Junction shall be entitled to disclose such Confidential Information without the prior consent of the Service receiver to Logistics Junction’s employees, advisors, directors, officers and agents, legal authorities and potential investors of Logistics Junction. Logistics Junction shall not be obligated to keep as confidential, any information that is received by it through lawful means, or information that is publicly known or available.
Logistics Junction may, at its sole discretion, display the Service receiver’s trademark, brand name, logo, and/or insert a link to the Service receiver’s website/ contact details and display the reviews left by Users on the profile of the Service receiver or in respect of any vehicle identification number allotted by Logistics Junction (whether with or without reference to the concerned Service receiver), or otherwise submitted by the Service receiver to Logistics Junction for the purpose of marketing and promoting the Portal and/or the Services. The Service receiver hereby consents to such use of the Service receiver’s proprietary information.
The Service receiver agrees and understands that by registering on the Portal, the Service receiver shall not become an agent, employee, partner, joint-venture partner, or associate of Logistics Junction and all interactions between Logistics Junction and the Service receiver shall be on a principal to principal basis. The Service receiver shall not have the authority to bind the Logistics Junction to any agreement or commitment without the prior consent of Logistics Junction.