AIR INDIA CARGO TERMS AND CONDITIONS

1. These Air India Cargo Terms and Conditions (“Terms”) govern the access to use of any services made available through [insert website link] (“Services”) except where we expressly state that separate terms apply. These Terms may be updated by us from time to time in accordance with these provisions. You may always view the most recent version of the Terms here.
2. These Terms constitute a binding and enforceable legal contract between Air India Limited, a company incorporated under the Companies Act, 1956, with its registered address at Block 4, Vatika One on One, Sector 16, NH 48, Gurugram-122007, Haryana, India (“Air India”, “we”, or “us” which expression shall include its affiliates, successors, and assigns) and any end-user of the Services (“you” or “User”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
3. These Terms also include our privacy policy, available at [insert link], and any terms, policies and disclaimers issued by us from time to time (“Additional Terms”). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
4. You agree and acknowledge that by accessing the Services, you have read, understood, and are bound by the Terms. Please do not access or use the Services if you do not agree to the Terms.
5. The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted here. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Services once it has been posted.

1. SERVICES

   The Services include the provision of Air India’s cargo transit services and other affiliated services and allow you to receive information about the Services and track the status of cargo orders.

2. USER INFORMATION
   1. The Services allow you to share your personal and other information with us (“User Information”). Please note that your User Information may be used by us to engage and interact with you and provide you with our products and services. By accessing the Services, you expressly consent to our use of your User Information.
   2. You represent and warrant that your User Information is true, complete, and accurate in all respects. You should immediately contact us at the details provided under Clause 10 if your User Information undergoes any change. Air India does not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, misleading, or if you fail to disclose any material fact.
   3. We collect and use your User Information in accordance with our Privacy Policy if such information constitutes personal data or information under applicable laws.
3. YOUR RESPONSIBILITIES
   1. You shall extend all cooperation to Air India in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
   2. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
      1. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
      2. except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;
      3. use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
      4. use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;
      5. engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory;
      6. use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;
      7. violate applicable laws in any manner; or
      8. host, display, upload, modify, publish, transmit, store, update or share any information that (A) belongs to another person and to which you do not have any right; (B) is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (C) is harmful to children; (D) infringes any patent, trademark, copyright or other proprietary rights; (E) violates any law for the time being in force; (F) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (G) impersonates another person; (H) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (I) contains software virus or any other computer code, file, or programme designed to interrupt, destroy, or limit the functionality of any computer resource; or (J) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
4. INTELLECTUAL PROPERTY RIGHTS
   1. The Services contains copyrighted material, trademarks, and other proprietary information that belongs to us or our licensors. You agree not to use, or otherwise reproduce separately such materials and information without obtaining our prior written consent. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content on the Services.
   2. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Services other than as specifically authorised by us is strictly prohibited.
   3. All rights, title, and interest in and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to Air India. Subject to compliance with these Terms, Air India grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time.
   4. You hereby grant to Air India a royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable right and licence to copy, modify, display, distribute, perform, create derivative works from, store and otherwise use and exploit, all User Information, in any form through any media, software, or technology, in connection with: (i) providing Users the Services; and (ii) making available User Information on or in connection with the websites and other properties owned and operated by Air India.
   5. Air India may request you to, or you may submit suggestions, testimonials, and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). Air India may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
5. THIRD PARTY WEBSITES OR SERVICES
   The Services may provide or facilitate, or third parties may provide, links or access to other sites, services, and resources which are not owned or operated by Air India (“Third Party Services”). We do not control Third Party Services and are not responsible for and do not endorse such Third Party Services. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any Third Party Services. Any dealings you have with third parties while using the Services are between you and the third party, and you agree that we shall not be liable for any loss or claim that you may have against any such third party.
6. INDEMNITY AND RELEASE
   You shall indemnify, defend at Air India’s option, and hold Air India, its affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to or use of the Services or violation of these Terms.
7. DISCLAIMERS AND LIMITATION OF LIABILITY
   1. features and services on the Services are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, completeness, or reliability of any information provided on or through the Services. We hereby disclaim all express and implied representations, warranties, or guarantees as to the validity, accuracy, correctness, completeness, or reliability of any such information and material on the Services.
   2. No advice or information, whether oral or written, obtained from us shall create any warranty that is not expressly stated in the Terms.
   3. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that we shall have no liability in this regard.
   4. In no event shall we be liable for any direct, special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence, other tortuous action, or any other claim arising out of or in connection with your use of or access to the Services.
8. TERMINATION
   1. These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
   2. Air India may terminate your access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if you violate or breach any of your obligations, responsibilities, or covenants under these Terms.
   3. Upon termination under Clause 8(b):
      1. you shall not be eligible to avail any of the Services; and
      2. these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
   4. Not withstanding anything to the contrary contained in the Terms, upon termination of your access to or use of the Services, all amounts, or outstanding monies payable by you in relation to the use of or access to the Services shall become immediately payable.
9. GOVERNING LAW AND DISPUTE RESOLUTION
   You agree that the laws of India shall govern these Terms, and that any dispute arising out of or relating to these Terms shall be referred to and finally resolved by a sole arbitrator mutually appointed by us and you. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any statutory amendments or re-enactment for the time being in force. The venue of the arbitration shall be New Delhi, India. The language of the arbitration shall be English. Subject to the above, the courts at New Delhi, India shall have exclusive jurisdiction over any dispute arising out of these Terms.
10. MISCELLANEOUS PROVISIONS
    1. Modification of Terms: Air India reserves the right at any time to modify these Terms and to add new or additional terms or conditions on the access to or use of the Services.
    2. Grievance Redressal: You may contact our grievance redressal officer with any complaints or queries relating to the Services through email, the details of which are provided below:
       Designation: Grievance Redressal Officer Email Address: cargocare@airindia.com
    3. Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
    4. Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without Air India’s prior written consent. Air India may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. Air India may assign its rights to any of its affiliates or any successor in the interest of any business associated with the Services without any prior notice to you.
    5. Notices: All notices, requests, demands, and determinations for Air India under these Terms shall be sent to cargocare@airindia.com.
    6. Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
    7. Waiver: Any delay in the exercise of rights and remedies available under the Terms does not constitute a waiver of that or any other right or remedy.
    8. Force Majeure: Air India will have no liability to you if we are prevented or delayed from performing our obligations or carrying out our business by acts, events, or omissions beyond our reasonable control, including without limitation strikes, labour disputes, failure of utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.