Terms and Conditions
For Access and Use of ESAN FREIGHT AND TRAVEL PRIVATE LIMITED's Web Site (www.EsanFreight.com) - YOU EXPRESSLY UNDERSTAND AND AGREE WITH THAT: All information presented in the web site is considered for information purposes only and does not constitute a legal contract between Esan Freight & Travel Pvt. Ltd. (hereinafter called "EFT") or ANY of the Carriers or their affiliates (herein after collectively called "Carriers"), and yourself unless otherwise specified. The information provided in the web site is believed to be accurate- however EFT and Carriers can not make any guarantee as to the accuracy or correctness of any information included within the web site. While EFT may from time to time revise these terms and conditions, and you are bound by such revisions and should therefore periodically visit the web site to review the updated Terms and Conditions.
You understand that, all of the site's contents, including but not limited to the information, products and services contained or referred in this web site are subject to change or updation at any time without prior notice. While EFT and Carriers have made every attempt to ensure that the information contained in the web site is accurate and up-to-date. Under no circumstance shall EFT, Carriers or any of their affiliates, respective partners, officers, directors, employees, subsidiaries, agents or representatives of any kind be responsible or liable to any person or entity for any damage, error, omission, inaccuracy, misuse, or conversion, whatsoever direct, indirect, consequential, incidental, and including, without limitation, lost revenues or lost profits arising from or in connection with the use in reliance on, or performance of any data or information provided in or delivered from the web site. YOU ASSUME TOTAL RESPONSIBILITY AND SOLE RISK FOR YOUR USE OF THE WEB SITE IN ANY WAY EITHER EXPRESS OR IMPLIED. The service is provided on an "AS IS" and "AS AVAILABLE" basis without presentation or warranty of any kind whatsoever. In case of any conflict between any EFT and Carriers service information in this web site and the service information contained in the applicable EFT and Carriers internet documentation agreement, the internet agreement will prevail. While the booking functionality of the web site is used, the booking and carriage shall be governed by and construed according to the terms and conditions of Carriers' Combined Transport Bill of Lading, including the governing law and jurisdiction clauses.
Intellectual Property Rights-Copyright Status
Unless otherwise specified herein, EFT shall retain any/all title(s), right(s), profit(s) and interest(s) of the web site's contents, including but not limitation to text, photographs, images, domain, sub-domains, trademarks, logos, or any other intellectual property rights, moral rights and similar benefits of any type in connection with the web site and the services offered. You may print and download portions of the materials solely for your personal, non-commercial use. Except as strictly provided or permitted in the Terms and Conditions, any act in respect of the reproduction out of any data or content provided from EFT web site, or other copying, redistribution, publication or retransmission of any portion of the material of the web site is forbidden without express written permission or consent of EFT. EFT web site may contain other proprietary notices and copyright information, the terms and conditions of which have to be obeyed and followed. EFT makes no warranties or representations that your use of the services or materials displayed on the web site will infringe rights of third parties not owned by or affiliated with EFT.
Exclusion and Limitation of Liability
Under no circumstance, including without limitation to, breach of contract, tort, negligence, or strict liability, will EFT, Carriers orand their related parties be liable for any direct, indirect, incidental, consequential, special, punitive or other loss, damage or claims of whatsoever. Neither EFT, Carriers nor any of the related parties assumes or accepts any responsibility whatsoever and bear no liability for any damage to or viruses or other items of destructive nature that may infect your computer, any other software, hardware or other IT systems or other property on account of your accessing, using and/or browsing this web site and any of its service or downloading of any material, data, text, image and whatsoever from this web site. Furthermore, EFT and Carriers assume no responsibility, and shall not be liable for any loss, damage or whatsoever due to the third party's unjustified access to the web site or to passwords data or information on the EFT web site.
Hyperlinked-Links to Third Party Sites
The links in the web site will allow other sites to be accessed. Such linked sites are not under the control of EFT, and EFT bears no liability to the contents of these sites. EFT makes no warranty or representation whatsoever pertaining to any other web sites you may access through EFT web site or which you may use or access to such web site and any of its services. While you access a non-EFT web site, please understand that it is independent from EFT. EFT provides links only as a convenience, and such inclusion of any link does not imply endorsement by EFT. It is up to you to take precautions to ensure that whatsoever you select for your use is free of viruses and other items of destructive nature.
Applicable Law and Venue
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact. EFT web site as well as the Terms and Conditions herein shall be subject to the laws of Kolkata, India. You agree that any claim or cause of action arising out of the use of the service in the web site or related to the Terms and Conditions herein, must be filed within one (1) year after such claim or cause of action arose or be forever barred. You expressly waive any right you may otherwise have under any statue or law. Any dispute, claim, argument, and any other controversy arising from or in any way related to the web site, including the Terms and Conditions, shall be submitted to the exclusive jurisdiction of Kolkata District Court, West Bengal, India.
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished to the maximum extent of the Law.