Terms of Service

Contract / Agreement Terms

  1. You must be 18 years or older to use this Service.
  2. You must provide your full legal name, current address, a valid email address, a valid AADHAR card number and any other information needed in order to complete the sign-up process.
  3. You are solely responsible for keeping your password safe and secure. TOPAY EXPRESS™ will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  4. You are strictly advised not to use the TOPAY EXPRESS™ service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India.
  5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your TOPAY EXPRESS™ account.
  6. You must not transmit any worms or viruses or any code of a destructive nature and it is a legally punishable offense.
  7. A breach or violation of any of the Account Terms as determined in the sole discretion of TOPAY EXPRESS™ will result in an immediate termination of your services and blockage of your account. All payables to you will be confiscated by TOPAY EXPRESS™.

Standard Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of TOPAY EXPRESS™.

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. TOPAY EXPRESS™ does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  5. TOPAY EXPRESS™ is an Aggregator Logistics Platform between you and the selected verified logistics Partner. All liability of the shipment from Pickup till delivery is solely the responsibility of the verified logistics partner chosen by you in TOPAY EXPRESS™ platform.
  6. TOPAY EXPRESS™ does not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
  7. You understand that your personal data may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  9. TOPAY EXPRESS™ does not guarantee that the quality of services, information, or any materials purchased or obtained by you through the Service will meet your expectations, or any errors in the Service will be corrected.
  10. You comprehensively understand and agree that TOPAY EXPRESS™ shall not be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  11. In no event shall TOPAY EXPRESS™ or any employees of TOPAY EXPRESS™ be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to hold us and (as applicable) our parent, subsidiaries, affiliates, TOPAY EXPRESS™ partners, employees, directors, and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  12. Technical support is only provided to paying account holders and is only available via email and if agreed upon earlier via phone.
  13. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by TOPAY EXPRESS™.
  14. Verbal or written abuse of any kind (including threats of abuse) of any TOPAY EXPRESS™ customer, TOPAY EXPRESS™ employee, member, or officer will result in immediate account termination.
  15. We do not claim any intellectual property rights over the material you provide to the TOPAY EXPRESS™ service.
  16. By uploading images and item description content to TOPAY EXPRESS.in, you agree to allow other internet users to view them and you agree to allow TOPAY EXPRESS™ to display and store them and you agree that TOPAY EXPRESS™ can, at any time, review all the content submitted by you to its Service.
  17. The failure of TOPAY EXPRESS™ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
  18. The Terms of Service constitutes the entire agreement between you and TOPAY EXPRESS™ and govern your use of the Service, superseding any prior agreements between you and TOPAY EXPRESS™ (including, but not limited to, any prior versions of the Terms of Service).
  19. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use TOPAY EXPRESS™ or TOPAY EXPRESS™ trademarks and/or variations and misspellings thereof.
  20. TOPAY EXPRESS™ does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the platform.
  21. Topay Express is not responsible for any kind of damage, leakage of the shipment booked under Owners or Carrier Risk. If shipment is lost and booked under Carrier Risk, Refund up to 50% of the value of the shipment can be processed.
  22. No Refund of the lost shipment will be processed under OWNER RISK.
  23. Questions about the Terms of Service should be sent to support at info@topayexpress.in

Payment of Markup Amount

  1. The markup amount which will be agreed at the time of booking the consignment will be paid to you within 15 days of successful delivery of consignment and receiving the full to pay amount from consignee.
  2. Any failure of freight payment by the consignee or seizing the shipment by consignee without payment of the freight amount will lead to debiting of your account and it solely your responsibility to recover the freight amount.
  3. All fees are exclusive of all state and central taxes, GST or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  4. TOPAY EXPRESS™ does not provide credit notes or refunds.

Discontinuation and Termination

  1. Once your account is cancelled, all of your Content will be immediately deleted from the server of TOPAY EXPRESS™. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
  2. We reserve the right to modify or terminate the TOPAY EXPRESS™ service for any reason, without notice at any time.
  3. Fraud: Without limiting any other remedies, TOPAY EXPRESS™ may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the platform.

Modifications to the Support and Rates

  1. Freight charges are subject to change as will be displayed in the platform of TOPAY EXPRESS™.
  2. TOPAY EXPRESS™ reserves the right at any time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. TOPAY EXPRESS™ shall not be liable to you or to any third party for any modification, freight change, suspension or discontinuance of the Service.

Banned of Prohibited/Restricted Products and Services

  1. You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  2. If you are found to trade/book the below items through our platform, the full shipment will be confiscated without any prior notice by the verified logistics partner or TOPAY EXPRESS™. You will be liable to pay the decided penalty amount in such case, your account will be permanently blocked from further use and your account will be debited by the abovementioned penalty amount.
  3. In case of any legal proceedings in relation to trading/booking of the below items by you, you will be solely responsible to deal with the same and TOPAY EXPRESS™ will provide all your details in such matter to the authorities.

Without prejudice to the generality of the above, BFRS does not permit hosting of the following items:

  1. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972).
  2. Weapons of any description.
  3. Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines which contain codeine or are banned, palliative/curative substances.
  4. Religious items, including books, artifacts, etc., of any description or any other such item which is likely to affect the religious sentiments of any person.
  5. “Antiquities” and “Art Treasures” in violation of the provisions of the Antiquities and Art Treasures Act, 1972(“the Act”).
  6. Used cellular phone SIM Cards.

Furthermore, you agree to display and adhere to the terms of use or other user-type agreement, as well as a privacy policy, governing your operation of your store and your conduct with your store’s customers.