This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.SmartShip.in website.
This website, www.smartship.in (“Platform”), is owned and operated by Tracx Logis India Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Unit No. 901, 902 & 903 Tower “C”, 9th Floor, Unitech Building, Unitech Cyber Park Sector 39, Village Jharsa, Gurugram, Haryana 122003. “Smartship” is a brand/trade name of Tracx Logis India Private Limited. All rights, obligations, and services offered through the Platform are provided by Tracx Logis India Private Limited. Any use of the terms “Smartship”, “Platform”, “we”, “us”, or “our” shall be deemed to refer to Tracx Logis India Private Limited.” AGGREGATOR DISCLOSURE:- Smartship is a technology platform that acts as an intermediary facilitating logistics services between merchants and third-party courier and logistics service providers. Smartship does not provide delivery services directly and shall not be construed as a courier service provider. All delivery, transportation, and logistics services are rendered by independent third-party service providers engaged by the Merchant through the Platform.
The use of the Website is offered to you conditioned on Your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by SmartShip at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean Your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your acceptance You hereby further agree that this User Agreement is being concluded and executed at Gurugram. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.
When you use any of the services provided by us through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is Your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. By accepting this User Agreement, you also accept and agree to be bound by SmartShip.in Rules and Policies as provided from time to time in the following hyperlinks
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website except through Your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. SmartShip.in reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business entity to this User Agreement.
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of Your phone, the details of which are used to transact services with SmartShip.in. You agree, inter alia, to:
1.) Provide true, accurate, current and complete information about yourself as prompted by SmartShip.in's registration form or provided by You as a Guest User (such information being the "Registration Data")
2.) You must not include any of Your contact details such as email addresses etc. in Your User ID while registering as a Registered User;
3.) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times
4.) You must immediately notify us of any unauthorized use of Your password or account or any other breach of security, and
5.) Ensure that You exit from Your account at the end of each session.
If You provide any information that is untrue, inaccurate, not current or incomplete or SmartShip.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, SmartShip.in has the right to indefinitely suspend or terminate or block access of Your membership with the Website and refuse to provide You with access to the Website. SmartShip.in shall not be liable for any loss or damage arising from Your failure to comply with this Clause
When You use the Website or send emails or other data, information or communication to SmartShip.in, You agree and understand that You are communicating with SmartShip.in through electronic records. You consent to receive communications from us electronically.For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website.We will communicate with You by email or by posting notices on the Website or through any other SmartShip services. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be adequate services of notice/electronic record and satisfy any legal requirement that such communications be in writing.
Membership on the Website is free. SmartShip.in does not charge any fee for browsing . However, there are several packages offered by SmartShip.in for the different service requirements of the users. After registering on our site , you shall be required to choose any one of the package and shall be required to pay the price mentioned therein. You may also upgrade to another plan provided by SmartShip.in by using your registered log in id and password and will be required to pay the amount difference . However , in case of upgradation , the other terms and conditions for usage of the site SmartShip.in shall remain the same. Before you buy our services, which is hereby incorporated by reference into this agreement, SmartShip.in reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Tracx Logis India Private Limited (formerly known as Qxpress India Private Limited) within such time as specified in the invoice.
4.1. Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear all and any applicable taxes, charges, cesses etc. levied thereon.
4.2. Non-payment: SmartShip.in reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to SmartShip.in. SmartShip.in also reserves the right to take legal action in case of non- payment of fees.
4.3. Pricing Transparency: All pricing for logistics services available on the Platform is determined based on various factors including but not limited to pickup and delivery locations, weight, dimensions, service type, and third-party partner rates. The Company does not guarantee uniform pricing and reserves the right to update or modify pricing from time to time. Applicable charges shall be communicated through the Platform dashboard or other official communication channels.
4.5. Third-Party Liability Disclaimer:The Merchant acknowledges that all logistics and delivery services are performed by our authorised courier partners. Tracx Logis India Private Limited shall ensure to pass-on the claim benefits to the “client”, or “you” if any received from courier partners in case of any delay, loss, damage, theft, misdelivery, or deficiency in service caused by such courier partners. Notwithstanding the foregoing, Tracx shall use commercially reasonable efforts to assist the client in coordinating with relevant courier partner to investigate and resolve any such issues, including facilitating claims, providing available documents and following up in good faith. However, Tracx shall not assume any financial or legal liability arising from acts or omissions of such courier partners.
We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent, we only use Your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the United States and Asia Pacific at some of the best data centers in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and rules there under.You object to Your Information being transferred or used in this way please do not use the Website. We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to You as a result of such sharing unless You explicitly opt-out. We may disclose personal information to third parties. This disclosure may be required by us to provide You with the access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose Your personal information to third parties for their marketing and advertising purposes without Your explicit consent. We may disclose personal information if required to do so under the law or in good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public. We and our affiliates will share / sell some or all of Your personal information with another business entity we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of the business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to Your personal information. Your Consent: By using the Site and/ or by providing Your Information, You consent to the collection and use of the information You disclose on the Site by SmartShip.in in accordance with SmartShip.in Privacy Policy. You agree and acknowledge that You have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable by You.Tracx Logis India Private Limited collects, stores, and processes personal and business information of users for the purpose of providing and improving its services. Such information may include contact details, transaction data, and usage information. The Company may share such information with third-party service providers to facilitate logistics services. The Company implements reasonable security practices in compliance with applicable laws to protect user data.
Without prejudice to any other rights or remedies available under applicable law or equity, Smartship (operated by Tracx Logis India Private Limited) reserves the right, at its sole discretion, to take one or more of the following actions, with or without prior notice, in the event of a breach or suspected breach of these Terms or any applicable law:
• restrict, suspend, or terminate your access to the Platform, either temporarily or permanently;
• remove, disable, or restrict access to any content, data, or information submitted by you;
• deactivate or block your account and refuse any current or future use of the Platform;
• issue warnings or notify other users, regulatory authorities, or third parties of your actions, where deemed necessary;
• initiate appropriate legal proceedings, including claims for damages, recovery, or injunctive relief.
The above actions may be taken, including but not limited to, where the Company reasonably believes that:
(a) you have violated or breached any provision of these Terms, policies, or applicable laws;
(b) you have provided false, inaccurate, incomplete, or misleading information;
(c) your actions may cause legal liability, reputational harm, or operational risk to the Company, its users, or third-party partners; or
(d) your use of the Platform is fraudulent, abusive, or otherwise detrimental to the integrity, security, or functioning of the Platform.
The Company shall not be liable for any loss or damage arising from actions taken under this clause. The rights provided herein are in addition to, and not in derogation of, any other rights available under law.
Whenever there is a disagreement relating to any transaction, the users can write to grievance@SmartShip.in in order to raise a dispute. Once a dispute is raised by either party, SmartShip.in shall try to mediate and the resolve the matter amicably on shipping prospective. . Grievance Officer In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
TracX Logis India Private Limited (Formerly known as Qxpress India Private Limited)
Unit No. 901, 902 & 903
Tower “C”, 9th Floor, Unitech Building, Unitech Cyber Park
Sector 39, Village Jharsa,
Gurugram,
Haryana 122003
Phone: 1800-309-1122 (Toll Free)
E-mail ID – grievance@qxpress.in
The Grievance Officer shall acknowledge complaints within 48 (forty-eight) hours and resolve the same within 1 (one) month from the date of receipt
REFUND / CANCELLATION POLICY- Cancellation and refund of services shall be governed by the specific terms applicable to each service and third-party logistics partner. In general, once a shipment is booked and processed, cancellation may not be permitted. Refunds, if applicable, shall be processed in accordance with the Company’s policies and timelines as communicated on the Platform. The Company reserves the right to determine eligibility for refunds on a case-to-case basis.
NTERMEDIARY SAFE HARBOUR- The Platform operates as an intermediary in accordance with applicable provisions of the Information Technology Act, 2000. The Company does not initiate, control, or modify the underlying logistics services provided by third-party service providers and shall be entitled to applicable safe harbour protections under law.
TERMS MODIFICATION - The Company reserves the right to modify, amend, or update these terms and policies at any time. Any such changes shall be effective upon being posted on the Platform. Continued use of the Platform after such changes constitutes acceptance of the revised terms.
ACCEPTANCE (CLICK-WRAP VALIDITY)- By accessing or using the Platform, the user agrees to be bound by the terms and conditions, policies, and agreements published on the Platform. Such acceptance shall constitute a valid and binding electronic contract under applicable law.
If any dispute arises between You and SmartShip.in during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by SmartShip.in. The place of arbitration shall be New Delhi, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between You and SmartShip.in shall be subject to the exclusive jurisdiction of courts at New Delhi, India.
