User Agreement

The VIRTUAL SHIPMENT Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, and code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests, and title thereto. We also claim ownership rights under the copyright and trademark laws about the "look", "feel", "appearance", and "graphic function" of our Services including but not limited to its colour combinations, sounds, layouts, and designs. You agree and acknowledge that your use of the VIRTUAL SHIPMENT Services does not confer upon You any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks, and copyrights are held by their rightful owners. VIRTUAL SHIPMENT grants to you a non-exclusive, non- transferable (except as permitted below), worldwide limited license to make use of the VIRTUAL SHIPMENT Services to which You utilize. This license does not include any resale of VIRTUAL SHIPMENT Services, or its contents; any collection and use of any shipment listings, descriptions, or prices; any derivative use of any VIRTUAL SHIPMENT Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in this User Agreement are reserved and retained by VIRTUAL SHIPMENT or its licensors, suppliers, users, rightsholders, or other content providers. No VIRTUAL SHIPMENT Service, nor any part of any VIRTUAL SHIPMENT Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VIRTUAL SHIPMENT. You may not misuse the VIRTUAL SHIPMENT Services. You may use the VIRTUAL SHIPMENT Services only as permitted by law.

VIRTUALSHIPMENT is not a Transportation Service Provider or Customer. Our website acts as a venue where customers and TSPs can interact and enter into agreements. VIRTUAL SHIPMENT is not a party to any delivery agreement made between VIRTUAL SHIPMENT members via the VIRTUAL SHIPMENT software platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. VIRTUAL SHIPMENT does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration, nor does VIRTUAL SHIPMENT prequalify or validate the claims of brokers. VIRTUAL SHIPMENT does not endorse, recommend or refer any specific TSP or customer, nor does VIRTUAL SHIPMENT have any control or influence over actions or decisions made by users of the service. All users of the VIRTUAL SHIPMENT platform make their own decisions and You acknowledge and agree that we are not in any way arranging transportation services on your behalf. Because we are not involved in the actual transaction between customers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of customers to send items. We cannot ensure the customer or TSP will complete a shipment. We cannot and do not guarantee the ability of members to complete or fulfil any services booked through the VIRTUAL SHIPMENT platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any member’s identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our members. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of transportation services are not provided by us and are specifically and solely between You and the other member.

You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended VIRTUAL SHIPMENT members. You acknowledge that You are at least 18 years of age. Minors may only use our Services in conjunction with their parents or guardians. Your VIRTUAL SHIPMENT membership may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the VIRTUAL SHIPMENT Services are for transportation services only and that work that You provide will only involve transportation services. You agree that You will not use your participation in the VIRTUAL SHIPMENT website as a means to sell or market any types of goods or products, unless specifically allowed by VIRTUAL SHIPMENT. If you are a Virtual Shipment’s certified user then all the terms and conditions to be as per the signed contract.

You are responsible for reading all terms, conditions, and tariffs published by TSPs when booking shipments on VIRTUAL SHIPMENT. You are agreeing to the TSP’s terms, conditions, and tariffs; and entering into a legally binding agreement with the TSP, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the TSP, pick-up dates, delivery dates, and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered (see Section 11 for additional details). A TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law.
IMPORTANT: VIRTUAL SHIPMENT does not screen or qualify TSPs for compliance with state or local laws and regulations. It is recommended that You confirm such compliance directly with the TSP before services are rendered by the TSP.

You must legally be able to transport the shipments You book through VIRTUAL SHIPMENT. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state, and federal licensing requirements. TSPs agree that, through the various products and features on VIRTUAL SHIPMENT, they are solely responsible for all aspects of services, pricing, and terms they offer the customer. Rates, services, and terms are solely provided by the TSPs and not by VIRTUAL SHIPMENT. You understand and acknowledge that all shipment information is provided by other registered users and VIRTUAL SHIPMENT has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the shipment details and by booking shipments on VIRTUAL SHIPMENT, you are entering into a legally binding agreement to complete the services as requested by the customer.

VIRTUAL SHIPMENT does not set, or control prices offered by customers or TSPs. Quotes and offers customers receive from TSPs are required to be all-inclusive based on the information customers provide; however, if the actual shipment characteristics are materially different than specified by the customer and result in changes such as but not limited to equipment required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then TSPs may invoice a different amount than the original quote, and the Booking Party shall be responsible for all additional costs incurred. If the dimensions and/or weight of the shipment vary from the original quote, the TSP may charge additional amounts above the quoted price and the Booking Party shall be responsible for all additional costs incurred. TSPs may require the use of additional equipment and/or services to complete delivery of a shipment, in such cases, the TSP may invoice the Shipper to reflect the additional transportation costs and the Booking Party shall be responsible for payment of all additional charges. Shippers will be notified of any price changes or new fees that are requested through VIRTUAL SHIPMENT and VIRTUAL SHIPMENT will charge the Shipper’s payment method on file within 48 hours. In the event that a shipment is re-rated and the resulting amount due is less than the amount initially quoted and paid through VIRTUAL SHIPMENT Payments, a VIRTUAL SHIPMENT account credit equal to the difference between the amount initially paid and the adjusted invoice amount will be applied to the Shipper’s VIRTUAL SHIPMENT account. Credits may be applied toward booking any other shipment within one year of the date of issuance, otherwise they will expire. Customers should contact customer support regarding refund requests, questions or concerns about their VIRTUAL SHIPMENT account credits.

You are solely responsible for paying all fees incurred by any users of your account as well as all applicable taxes. Some features on VIRTUAL SHIPMENT require a payment method to be on file with VIRTUAL SHIPMENT. You authorize VIRTUAL SHIPMENT to charge any applicable fees to the payment method(s) You provide to us. VIRTUAL SHIPMENT reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on the VIRTUAL SHIPMENT website.

As a customer or TSP, you irrevocably and expressly authorize VIRTUAL SHIPMENT to credit any monies to the account that You have identified for VIRTUAL SHIPMENT. You agree that it is your responsibility to maintain a valid, credit card or bank account on file with us while engaging in activity with the VIRTUAL SHIPMENT Services. You agree that if You do not maintain a valid, credit card or bank account on file with us during any billing attempt, you may be subject to interest and penalties per Section 9. You expressly authorize VIRTUAL SHIPMENT to withhold any monies and/or debit any monies from any account that You have identified to VIRTUAL SHIPMENT for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to VIRTUAL SHIPMENT. We reserve our rights to all actions and remedies in connection with any monies owed to VIRTUAL SHIPMENT.

A cancellation may be requested by either party after a delivery is booked on VIRTUAL SHIPMENT but before any services are performed. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on VIRTUAL SHIPMENT will not be performed. When You request a cancellation, the other party will be notified and will have 72 hours to respond by either:

If your Request for Cancellation is accepted by the other party, the match will be cancelled, and the delivery can either be relisted or deleted. If your Request is disputed by the other member, then the Request will be sent to VIRTUAL SHIPMENT and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 48-hour period, the cancellation and reason will be automatically accepted.

a) Refunds.A full refund will be issued for all cancelled transactions. However, a refund can only be given if the VIRTUAL SHIPMENT Payments payment code has not been released to the TSP. If the TSP has input the VIRTUAL SHIPMENT Payments payment code, then the funds are no longer in VIRTUAL SHIPMENT’s possession. The customer must first acquire a refund from the TSP before completing a cancellation on VIRTUAL SHIPMENT.

b) Excessive Cancellations.Every TSP is allowed 1 cancellation for every 10 booked deliveries without penalty, with your total booked deliveries always rounded up to the nearest 10. Each cancellation above this allowance is considered to be excessive, and TSPs that have excessive cancellations at the time a bid is placed, or offer is accepted will have a variable surcharge added to their transaction fee.

When using the Services on a mobile device and/or the VIRTUAL SHIPMENT mobile application, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving, (iii) not interact with the app, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.

VIRTUAL SHIPMENT does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software, or equipment. Furthermore, you acknowledge that compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and VIRTUAL SHIPMENT shall have no liability should these problems arise. You assume all responsibility and risk for the use of the VIRTUAL SHIPMENT Services and mobile applications.

You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct application for your device. VIRTUAL SHIPMENT is not liable if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. VIRTUAL SHIPMENT reserves the right to terminate the Service and the use of the application should you be using the Service or application with an incompatible or unauthorized device. You will comply with all applicable law from your home nation, the country, state, and/or city in which you are present while using the application or Service.

For certain shipments and for the convenience of the parties to a shipment, VIRTUAL SHIPMENT generates an electronic and printable bill of lading utilizing the booking information provided by both parties for your use in tendering the shipment. The bill of lading issued in connection with each shipment is non-negotiable and shall be deemed, conclusively, to have been prepared by You, the customer. The parties agree that VIRTUAL SHIPMENT does not issue the bill of lading and that VIRTUAL SHIPMENT is not a party to the bill of lading. For certain TSPs, a failure by the customer to provide the bill of lading generated via VIRTUAL SHIPMENT to the selected TSP may result in the loss of the quoted rate. If the customer makes changes to a shipment after booking, then the customer is required to either make changes to the bill of lading or cancel the shipment and rebook with current information. TSPs shall have no obligation to honour rate quotes in any of the following instances: any alteration of the bill of lading or tendering of shipments to any carrier other than the selected TSP, or the use of a bill of lading not generated via the VIRTUAL SHIPMENT platform. These terms and conditions apply when using the Standard Bill of Lading available on VIRTUAL SHIPMENT: Standard Bill of Lading Terms and Conditions.

As a neutral venue, VIRTUAL SHIPMENT does not set terms specific to carrier cargo liability. Except where otherwise provided by the carrier via the VIRTUAL SHIPMENT platform, the carrier liability for any cargo damage, loss, or theft from any cause shall be determined under the presiding, applicable law. All cargo claims should be submitted immediately by the customer to the selected TSP to help ensure timely resolution, and VIRTUAL SHIPMENT shall have no liability or responsibility for same. The customer may not offset freight or other charges against claims for any loss, damage, misdelivery, or non-delivery. Where provided by the carrier through VIRTUAL SHIPMENT, the liability for cargo loss offered will be determined by the individual carrier’s governing General Rules Tariff or terms and conditions in effect at the time of shipment. If a shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability for cargo loss. The maximum amount that a customer may recover on a cargo claim will be that which is recoverable under the carrier’s published liability limits and/or tariffs. The customer agrees that by booking a shipment on VIRTUAL SHIPMENT they have been afforded a choice of reasonable liability rates for the protection of all freight shipped and has voluntarily chosen the released rates and limits published by carriers through the platform.

You solely are responsible for any information You provide to us or other users in the registration, delivery, transportation process, or any other use of our Services. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You authorize VIRTUAL SHIPMENT to use the information You supply to us in connection with our Services and in accordance with this Agreement. You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that You may post to the VIRTUAL SHIPMENT Services that is in violation of this Agreement, illegal, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on the VIRTUAL SHIPMENT Services, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that You have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:

• Will not violate any international, federal or state law, regulation, rule, or statute;
• Will not violate the terms of this Agreement;
• Will not infringe upon any third party's intellectual property rights including but not limited to copyright, patent, or trademark rights;
• Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
• Will not be libellous, threatening, harassing, or defamatory. This specifically includes making legal claims of any sort about VIRTUAL SHIPMENT employees, agents, other members, or any of the VIRTUAL SHIPMENT Services;
• Will not knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our Services, operation of any of our systems, and/or create or impose a large burden or load on our Services;
• Will not scan or test the vulnerability or security of our Services or the system within which our Services operate;
• Will not be used for commercial or public purposes outside of the requirements of this Agreement;
• Will not knowingly create liability for VIRTUAL SHIPMENT through your use of VIRTUAL SHIPMENT’s Services;
• Will not frame or link to our Services without our written permission; and
• Will not knowingly involve the upload, or insertion of, any programming language or code into or onto our Services.

a) VIRTUAL SHIPMENT Member Moderation. The VIRTUAL SHIPMENT Services are self- policed by VIRTUAL SHIPMENT members via a flagging system that is used to communicate the policies of the VIRTUAL SHIPMENT User Agreement and Flagging Policies. A registered user who receives a red flag on three separate occasions is subject to suspension of their account. VIRTUAL SHIPMENT reserves the right to edit, amend, or delete any information posted on the VIRTUAL SHIPMENT Services if, in the sole opinion of VIRTUAL SHIPMENT, that it is in violation of any policy or the Community Rules and Guidelines.

b) Information Posted Publicly. Unless otherwise indicated, delivery transaction activity on VIRTUAL SHIPMENT is intended to be made public, and You are authorizing VIRTUAL SHIPMENT to use or repurpose this information within the scope of the VIRTUAL SHIPMENT Services and this Agreement, including in a user identifiable manner. In order to maintain the safety, security and integrity of the VIRTUAL SHIPMENT Service, You may not provide contact information to other members prior to booking and never on any public area of the site.

c) Information Posted Privately. For any information You provide that is expressly not intended to be made public, You grant VIRTUAL SHIPMENT a right to use the information in aggregate or in a non-user identifiable manner pursuant to our Privacy Policy.

d) Some portions of the VIRTUAL SHIPMENT platform implement Google Maps mapping services, including Google Maps API(s). Your use of Google Maps is subject to Google’s Terms of Service.

VIRTUAL SHIPMENT may suspend or remove your account if we suspect that You have engaged in prohibited activities in connection with our Services. VIRTUAL SHIPMENT reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that members submit on our Services. Members may not manipulate or attempt to manipulate other member’s VIRTUAL SHIPMENT accounts. Other prohibited activities include but are not limited to:

• Improperly influencing in any manner, or cause another to, improperly influence or manipulate in any manner the feedback of the member;
• Posting and/or copying and pasting the content of a member feedback review from the VIRTUAL SHIPMENT Services to your own personal or business website, to any other third party website and/or on any of your own personal, business, or third party marketing/advertising materials regardless of the form;
• Posting or attempting to post, in any manner or by any means, a feedback review on your own account;
• Asking customers to pay off-site through another form of payment when they have already paid through VIRTUAL SHIPMENT Payments.
• Changing, or in any way attempting to collect from members, as an additional charge to the total amount agreed upon for the services, the VIRTUAL SHIPMENT Transaction Fee, or;
• Charging members, a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on VIRTUAL SHIPMENT (provided that the shipment was as described on VIRTUAL SHIPMENT). The booked shipment price must include ANY and ALL charges, including any taxes, fees, etc.;
• Representing or communicating to members that You are to collect the VIRTUAL SHIPMENT Transaction Fee;
• Causing another person or entity to engage in any conduct, act or behaviour intended or designed to circumvent or avoid, in any manner, our right to the VIRTUAL SHIPMENT Transaction Fee;
• Entering into any transaction, letter of intent, or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a Transaction Fee;
• Communicating or corresponding, whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Transaction Fee;
• Entering personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, or email addresses;
• Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, or email addresses, obtained through the VIRTUAL SHIPMENT site to offer to deliver a listed shipment off-site or to offer a shipment for delivery off-site.

We reserve the absolute right to reject or suspend your participation, or remove You from your current participation, with the VIRTUAL SHIPMENT Services at any time and for any reason or for no reason and without notice to You. We are not liable for any damage or loss resulting from such hold, suspension, or removal. An event that may result in the suspension or removal of your participation can include but is not limited to: flagging; abusive or hostile behaviour; unresolved customer disputes; multiple accounts or relation to other accounts; committing fraud or violating this User Agreement; and, poor performance on the site (high cancellations or negative feedback, etc.). VIRTUAL SHIPMENT has no obligation to disclose the reason for actions taken under this section. All decisions are final.

For each VIRTUAL SHIPMENT transaction, the customer and TSP can rate each other by leaving feedback for one another. Feedback should be left only once a shipment has been delivered. Feedback consists of leaving one rating (positive, negative, or neutral), along with a short comment about your experience as well as star ratings based upon specific components of a TSP’s service. You acknowledge that your feedback consists of comments left by other VIRTUAL SHIPMENT members and a composite feedback number compiled by VIRTUAL SHIPMENT. You agree that You will not use your VIRTUAL SHIPMENT feedback in any venue other than VIRTUAL SHIPMENT. Members should always use caution and good judgment when leaving feedback for another member because members could be held legally responsible for damages to a member's reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because VIRTUAL SHIPMENT does not censor feedback or investigate it for accuracy, VIRTUAL SHIPMENT is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.

a) Resolving Feedback Disputes. To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member's profile. Generally, feedback comments cannot be edited later. Members should resolve any misunderstandings prior to leaving feedback, as most misunderstandings can and are resolved quickly through direct communication. There may be times when You are unhappy with, disagree with, or regret feedback that You left for another member, or that may have been left for You. If You have a disagreement over feedback that has been left, you have the following options to respond:

• Reply to Feedback Received. Share your side of the story by responding to any comment that has been left for you. Your response will be shown directly below the comment left by the other VIRTUAL SHIPMENT member.
• Mutual Feedback Withdrawal. If both members are able to resolve a problem after feedback has been left, You can mutually agree to withdraw the feedback rating and comment. Both members must agree, and feedback will be withdrawn at the same time upon confirmation of the request by both members.
• Feedback Comment Withdrawal. VIRTUAL SHIPMENT will remove individual feedback comments only in very rare circumstances, such as but not limited to, when they violate certain VIRTUAL SHIPMENT policies and instances when VIRTUAL SHIPMENT receives a valid court order to remove feedback.

Disputes between You and VIRTUAL SHIPMENT regarding our Services should be reported to VIRTUAL SHIPMENT Member Support. We will attempt to resolve any disputes You have with us. Because we are a neutral venue, we are not responsible for resolving any disputes between You and members regarding services. If You report a dispute to VIRTUAL SHIPMENT, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if we are contacted by a member who claims to have a dispute with You regarding transactions completed on VIRTUAL SHIPMENT and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the VIRTUAL SHIPMENT member and You agree to release us from any and all liability associated therewith. We encourage You to report all member-to-member disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies. VIRTUAL SHIPMENT can provide you all details that you may need for legal action (towards the customer or transporter), in case of dispute all funds will get blocked (including payment codes)and will release on written confirmation of both the parties (customer & transporter) else on the order of legal judiciary (consumer court, high court or supreme court).

Prohibited Items: Hazardous or dangerous goods. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on VIRTUAL SHIPMENT. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labelled) may be listed on VIRTUAL SHIPMENT - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of delivery that complies with the law. Full responsibility rests with the sender to comply with all postal and non-postal laws and regulations that relate to the mailing of hazardous, restricted and perishable material. Anyone who sends, or causes to be sent, a non-mailable or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment).

You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the VIRTUAL SHIPMENT Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between You and VIRTUAL SHIPMENT.

Should you have a dispute with one or more VIRTUAL SHIPMENT users, You release VIRTUAL WINGS PRIVATE LIMITED, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, You acknowledge that our information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by VIRTUAL SHIPMENT. All fees stated for use our Services are net of any applicable taxes.

VIRTUAL SHIPMENT reserves the right to keep all records of any and all transactions and communications between You and other members for administration purposes in accordance with all applicable laws and regulations.

During the term of this Agreement You shall not solicit to hire nor hire our employees of whom You become aware of through the performance of this Agreement. Furthermore, You shall not otherwise interfere with any of VIRTUAL SHIPMENT’s other business relationships including but not limited to those with other VIRTUAL SHIPMENT members. Specifically, You shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any VIRTUAL SHIPMENT member in which you initially constituted a relationship through VIRTUAL SHIPMENT.

We always want to receive messages and feedback from VIRTUAL SHIPMENT members and welcome any comments regarding the VIRTUAL SHIPMENT marketplace. However, VIRTUAL SHIPMENT policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by VIRTUAL SHIPMENT might be similar or even identical to your idea.

If You do send VIRTUAL SHIPMENT an unsolicited suggestion, idea, or proposal, or if You send, at the request of VIRTUAL SHIPMENT, a comment or suggestion to improve the VIRTUAL SHIPMENT Marketplace (for example, through discussion boards or via email) (collectively, the "Submission"), VIRTUAL SHIPMENT will consider the Submission to be non-confidential and non-proprietary. VIRTUAL SHIPMENT shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. VIRTUAL SHIPMENT shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

Remedies for use of our Services that violate this agreement include, but are not limited to, the immediate removal of your shipment(s), offers, bids and/or profile, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our Services to You.

You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, or tools including those of 3rd party solution providers. You further acknowledge that operation of and access to our sites, Services, or tools including those of 3rd party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that You are making use of our sites, Services, and tools including those of 3rd party solution providers at your own risk, and that they are being provided to You on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, fitness for a particular purpose. In addition, to the extent permitted by applicable law, we are not liable, and You agree not to hold VIRTUAL SHIPMENT responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting indirectly from:

• Viruses or other malicious software obtained by accessing our Services, or tools linked to our Services including those of 3rd party solution providers;
• Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our Services;
• The content, actions, or inactions of third parties, including items listed using our Services;
• Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this Agreement or our policies.
• Changes to the Service availability, planned or unplanned service downtime.
• Changes to any VIRTUAL SHIPMENT products, features and Services.
• Your removal from the VIRTUAL SHIPMENT marketplace.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You.

You agree to indemnify and hold VIRTUAL WINGS PRIVATE LIMITED and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the VIRTUAL SHIPMENT Service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.

The VIRTUAL SHIPMENT Services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by VIRTUAL SHIPMENT. Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non- performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the VIRTUAL SHIPMENT Services without express written consent. You may not use any meta tags or any other "hidden text" utilizing VIRTUAL SHIPMENT’s name or trademarks without the express written consent of VIRTUAL SHIPMENT. You shall not use or register any domain name that is identical to or similar to any of the Marks.