CUSTOMER LOGIN AGREEMENT
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Memorandum of Understanding DATED 27/4/2024 between Client and EMU Lines Private Limited (EMU LINE) for Logging and Use of the Website Based facilities. It is understood that you have approached EMU LINE for use of the Website and that by Logging into this Website [http://www.emulines.org] you hereby acknowledge that you are using this Convenience facilities through this Website at your Own Risk and Responsibility. While reasonable Care will be taken by EMU LINE to provide all correct and relevant information, However in case of any Doubts, you may kindly verify the correctness of the same by communicating with us. We make no representations that Information available on the Website, the Services or products offered through Site are appropriate, always available or legal in any particular location or Country. Those who choose to access the Site Information, the Services and products offered through Site, shall do so at their own initiative and are responsible for compliance with all the local laws of your Location and Country and to the extent local laws are applicable. You agree that this Memorandum Of Undertaking, for all purposes, shall be governed and construed in accordance with the laws of India and any action based on or alleging a breach of this Agreement must be brought in the District of Delhi, India where the Registered Office of Emu is Located and both parties agree to submit to the exclusive jurisdiction and venue of such courts only. You will need a username and password to use certain features of the Site. By selecting a user name, You agree that You will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that We, in Our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. You shall not assign your rights or delegate your responsibilities hereunder without our express written permission to third party. We may, at any time, assign our rights or delegate our obligations hereunder without notice to you. Neither person nor any party to this Agreement is intended to be a beneficiary of this Agreement, and no person or any party to this Agreement shall have any right to enforce any term of this Agreement. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the inherent powers to remove objectionable messages and we will make every effort to do so, within a reasonable time frame. You agree to unconditionally indemnify, defend and hold Us and Our affiliates, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from (i) Your use, misuse or abuse of the Site or the Site Information, or (ii) Your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in our defense of any claim. We reserve the right of defense available in Law as per as terms of Bill of Lading/ MTD We request you to be wary of any fraudulent queries sent to you on the EMU’s behalf; asking for details of your Login, PIN or Password. EMU Lines does not require any such details from you. Therefore, such queries should be assumed to be fraudulent, and be ignored as well as reported back to us immediately. To ensure the security of your information, please operate online Login facility only if you are fully aware of the operational aspects of this website. For a detailed demo on the Online Facility, please contact EMU Lines office at the earliest. Keep your Customer ID / Login ID and PIN / Password securely for a safer online navigation experience. For Your Account Safety, We request you to Change Password at Regular intervals. EMU Lines will not be held responsible for any incorrect online transactions and disclosure of Login-related details to the Third Party. We request you to exercise due diligence to avoid any Frauds or misuse of the information and important data related to you. Please read Attached Agreement carefully before using the site. Each time you use the site, Your use indicates your full acceptance of this agreement to abide by this agreement in its current form. If you do not accept the terms and conditions stated in the agreement, please abstain from using any content of this site. In support of your Electronically Acceptance of the Terms and conditions without Limitations of this MOU/Agreement , Kindly Click on the “AGREE” or similar button or checking the box that is next to or near a link to this agreement. The site is expressly owned and operated by EMU Lines. Unless otherwise noted, the design and content features on the Site, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by EMU Lines or its affiliates or are licensed from third-party service providers. The EMU Lines LOGO is protected by registered Trademark, and proprietary rights and all other applicable rights are reserved. Unless otherwise provided through any other applicable terms and conditions to which you agree, no portion of the Site or Site information may be reprinted, republished, modified, or distributed in any form without our express written permission. This Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site or any of the Site Information. You agree not to sell or modify the site or the site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits Us or Our licensors, that dilutes the strength of Our property or Our licensor’s property, or that otherwise infringes on Our or Our licensor’s intellectual property rights. You further agree to in no other way misuse the Site or the Site Information. Unless otherwise provided through any other applicable terms and conditions to which you agree, any code that We create to generate or display any Site Information or the pages making up the Site is also protected and other applicable intellectual property or proprietary rights and You may not copy or adapt such code. We reserve all and any rights not expressly granted by this Agreement or any applicable end-user license agreements. You understand that We cannot and do not guarantee or warrant that files, if any, available for downloading from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancel bots or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”). The Site and the Services are not intended for users under the age of 18. To register for any Services offered on Site, You must be 18 years of age or older. Emu Lines does not knowingly collect personally identifiable information from users under the age of 18. In consideration of your use of the Site, You agree to: (a) provide true, accurate, and current and complete information as prompted on the Site; and (b) maintain and update such information to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We may suspend or terminate Your use of the Services and/or the Site and/or decline to permit Your continued use of the Site and/or the Services and future access to the Site. If You have any questions about this Agreement, contact Us at legal@emulines.org Disclaimer: The COVID-19 pandemic and associated containment measures remain a fluid situation entirely outside of our control. We will continue to take all reasonable measures to mitigate impact to our customers' shipments. Nevertheless, certain service disruptions and/or delays may be unavoidable, for which we will not be liable and which may result in unforeseen extra costs or charges on the customer's account. We specifically reserve any and all rights to use alternative conveyances and routes and to accomplish carriage and delivery at any alternative place in the event of disruption. Please note that otherwise agreed customer schedules and rates may be subject to change and/or temporary surcharges may be applicable, subject to prior customer notice as circumstances may permit. To assist in mitigating any adverse impact and in recognition of restricted capacity under these unprecedented circumstances, we Proceed. |