Terms and conditions

01

Terms and conditions

Copyright

 

The Materials are protected under copyright and other intellectual property laws and may not be republished by you or provided by you to third parties without the express written consent of Divya Packers and Movers

Also, downloading and copying the Materials is subject to the following restrictions:

You must retain all copyright and other proprietary notices contained in the Materials on all copies of the Materials that you make

You may not modify the Materials in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose

You must give notice of these restrictions on use of the Materials to any person to whom you provide the Materials

 

Software

 

Any software made available to operate this Site and/or to download Materials from it (the "Software") is the copyrighted work of Divya Packers and Movers and/or its associates. You are licensed to use this Software on a non-exclusive basis solely for the purpose of visiting the Site and/or downloading Materials from it. You may use this Software for this purpose only. Under no circumstances, you shall redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.

 

Trademarks

Limitation Of Liability

 

You assume all responsibility and risk for the use of this site and the Internet generally. Under no circumstances, shall Divya Packers and Movers or its affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the internet generally, under contract, tort or any other cause of action or legal theory.

Divya Packers and Movers believes the entire content to be accurate, complete, and current, to the best of its knowledge. Under no circumstances, shall Divya Packers and Movers makes any warranty as to the accuracy, completeness or currency of the content. As such, it remains your sole responsibility to verify any information before relying on it.

However, Divya Packers and Movers agrees that the content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein.

 

General

 

This Web Site and the information, names, images, pictures, logos and icons concerning, regarding or relating to Divya Packers and Movers and its affiliates and services are provided "as is" and on an "as available" basis, without any representation or endorsement made, and without warranty of any kind, whether expressed or implied, including but not limited to an implied warranty of merchantability, fitness for a particular purpose, or non-infringement of others' intellectual property rights. Under no circumstances, shall Divya Packers and Movers. or any of its affiliates, contractors, employees, directors or officers be liable for any damages, including without limitation special, indirect, or consequential damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) resulting from access or use, or inability to access or use, this Web Site or arising out of any materials, information, qualifications, opinions or recommendations on this Web Site. We may change the contents of the website at any point of time without any pre-intimation or permission.

 

Changes and Other Terms

 

Divya Packers and Movers possesses the right to make changes and updates to any information contained within this site without prior notice. Also, Divya Packers and Movers reserves the right to change any of the Terms of Use without prior notice. Access to particular Services on the site may be subject to additional or different terms and conditions, as specified by Divya Packers and Movers from time to time.

 

Law & Jurisdiction

 

These terms are governed by applicable law in the city of Delhi in the state of Delhi, India. All disputes arising from these terms and conditions and activities covered thereto shall be fought only in courts located in Delhi, India and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

However, we reserve the right to take legal proceedings in country other than India, to protect our interests or to enforce our rights whenever it deems it appropriate to do so.

 

Disclaimer

 

This Website Is Provided By Divya Packers and Movers On An "As Is" And "As Available" Basis subject to change at any point of time. Divya Packers and Movers Ltd Makes No Representations Or Warranties Of Any Kind, Express Or Implied, As To The Operation Of This Website Or The Information Included On Such Website. Divya Packers and Movers Disclaims All Warranties, Express Or Implied, Including, But Not Limited To, The Warranties Of Merchantability, Fitness For A Particular Purpose, Non-Infringement, Title, Custom, Trade, Quiet Enjoyment, System Integration And Freedom From Computer Virus. Divya Packers and Movers Does Not Represent Or Warrant That The Functions Contained In This Website Will Be Error-Free Or Uninterrupted, That Defects Will Be Corrected, Or That The Website Or The Server That Makes The Website Available Are Free From Any Harmful Components Including Viruses. Divya Packers and Movers Does Not Make Any Representations Or Warranties That The Information On This Website Is Accurate, Complete, Correct, Adequate, Useful, Timely, Reliable Or Otherwise. You Acknowledge, By Your Use Of This Website, That Your Use Is At Your Sole Risk. Divya Packers and Movers Ltd. a company registered under companies Act 1956 is the trade name of the company, working as one of the group company of Agarwal Movers Group.

The contents in the website will hold on relevance for any legal proceedings and thus, not permissible to be used as evidence in any form under any circumstances.

 

Our Policy for the Cancellation and Refund are as follows:

 

Cancellation Policy

 

In case you wish to cancel your orders placed at agarwalpackers.com, you could do so within 24 hrs of the orders placed. The cancellation would not be done once the consignment has already been shipped.

 

Refund Policy

 

In case of a cancellation, please get in touch with our customer care at (011) – 4500 4321 for a refund of your money with all required proofs.

 

Pricing Policy

 

The rates are subject to the nature and kind of services you avail as per your requirement which may depend upon its factors such as volume, distance and for other ancillary services desired to avail.

Furthermore, rates of the services are likely to change without prior notice.

 

Claim Policy

 

Damages may occur to the HHG consignment (s) during transit on account of rough, hilly and difficult terrains that is witnessed in the country. APML always tries to impress upon our clients on the advantage of taking risk coverage while booking with APML and recommends them to pay risk coverage charges through cheque for their consignment to avoid any contingency that may happen un an un-predictable conditions.

The carrier or their agents shall be exempted from any loss or damage through accident/ pilferage/ fire/rain/collision/any other road or river hazard. We therefore recommend that household goods should be covered under CARRIER RISK by paying additional charges as FOV.

NO INDIVIDUAL POLICY/RECEIPT FROM INSURANCE COMPANY WILL BE PROVIDED. APML WILL ISSUE GCN UNDER “CARRIER RISK” AS PER SECTION 11 OF CARRIAGE BY ROAD ACT, 2007

 

GENERAL INSTRUCTIONS

 

Client must record proper value in the inventory sheet. The inventory sheet will be treated as a final document in claim settlement, if any.The value in PACKING LIST can only be considered as final while settling any case.

In the event of claim coming up for any reason, the payment of compensation will be restricted to the amount equivalent to the value declared by the consignor in the Packing list as per 1.

Consignor must check the declared value of each and every item in packing list at the time of documentation

The carrier will not be liable to entertain claim of compensation in respect of any item which is not specifically mentioned in the Packing List and its value has been declared at the time of packing of the materials.

A claim for compensation for damages of material of any nature would be considered either for repair or reimbursement towards compensation only after receipt of freight charges in full and receipt of written complaint separately soon after unloading but in any case not later than 3 days of unloading.

If the consignor/consignee merely puts his/her signature on “Goods Receiving” Copy showing acknowledgement of goods without giving any remark about the status of the materials, it would be deemed that the transported materials were delivered in o.k./good condition.

The carrier will look into the claim of the consignor/consignee in respect of only those items about which there would be specific damaged remark mentioned in the Proof of Delivery (POD).

No complaint made subsequently or at a later stage will be considered about any additional item having being found damaged or any other type of defect found to have developed or noticed subsequently either after issue of o.k. receipt or after giving remarks about certain material received in damaged condition.

The consignor should indicate the value of his/her all old and used items, in detail at the time of packing in the Packing List after due application of his/her mind and the cost/value so declared should be reasonable as far as possible since the declared value alone would be taken into account at the time of deciding the claim for compensation.

Any claim should be intimated and lodged within 72 hours of delivery of the goods. In case of CAR / Bike, claim should be intimated and lodged within 12 hours.

In case risk coverage is not opted, no claim will be considered at a later stage.

No claim shall be considered if goods already mentioned damaged in inventory sheet

No claim for compensation will be considered for mental agony, mental tension or harassment due to unintentional damage of the material at the destination.

No compensation shall be considered if customer repaired goods without intimate to carrier

The carrier will not be liable in any manner whatsoever for the damages or for any defects noticed in any item, if the consignor/consignee has arranged the unloading and unpacking of the transported material at his/her own.

If goods already packed by customer and not shown the working /OK condition of item then NO CLAIM shall be considered.

No claim shall be considered which caused by oil spill as we have already instructed consignor not to carry such things before packing.

We do not accept to move perishable goods, jewelry, arms and ammunitions, hazardous material like crackers, explosives, chemicals, filled gas cylinder battery acids and inflammable oils; such as diesel, petrol, kerosene, gasoline, narcotics and counter branch items.

All batteries must be drained of their acids by customer and should be empty before loading.

No compensation shall be considered in case of LIFT / SOCIETY or STAIR WALLS spoiled during delivery process.

Although due care would be taken to get the damages rectified/repaired expeditiously yet due to certain unforeseen circumstances, if there is delay in getting the damage repaired, no compensation will be paid for such delay or time gap between the period of damage and its repair.

Although due precaution will be taken to ensure quick transportation and timely delivery of the materials at the destination but due to certain unforeseen circumstances or due to certain natural calamities or due to certain sudden  road hazardous taking place in transit causing delay in delivery of the material, in such circumstances, no claim for any compensation will be considered.

The carrier will not accept flowerpots (Clay) for transportation and if at all accepted as a good gesture on the request or on being insisted upon by its customer however it won't take guarantee or be liable for its safe delivery at the destination

The Consignor hereby expressly declares that the above particulars furnished by him or his/her agent are correct. No prohibited articles/goods are included and he/she is aware of Terms & Conditions of the carrier

If party covers his/her risk directly, through some Insurance company, and then the transit risk coverage by carrier will end and will not be liable to entertain any compensation claim.

 

FOR CAR & BIKE

 

In case of Car/Bike or other articles only exterior damages will be considered, no claim will be paid for any internal or mechanical fault.

Carrier will not be liable for any defect or damage to any internal part of car including Engine, Battery, A.C., Audio Player etc. as the carrier is not technically qualified to assess its actual status and functioning while given delivery of the car.

Car is being transported under owner’s risk. Consignor should directly take proper Insurance Cover for all types of transit risk and the carrier will not be liable for any damage what so ever including accident etc. Or for whatsoever reason however, carrier will carry out legal formalities like lodging complaint / Panchanama etc. in police station.

Consignor shall pursue his case directly with the insurance company for any claim in case of any unforeseen incident, damages of his/her car or bike.

In case of arising any claim during car transportation, customer must require to lodge claim with his Insurance Company /under writer. APML can only issue a damage certificate if car booked under OWNER RISK.

If transit risk (FOV) has been taken by consignor against CAR and BIKE shifting then liability of any difference and NCB (if any) amount shall be carried out by carrier.

When NCB amount for current year shall be considered.

If new parts need to be replaced in repairing process then depreciation amount shall be considered by carrier.

Internal damage of any car/bike/electronic/electric goods cannot be considered.

 

ELECTRONIC & FURNITURE ITEMS

 

AC / fridge gas leakage / refilling shall not be considered by carrier.

Ac pipe amount shall be considered as per declared value. If not packed particularly then no amount shall be considered.

Estimate from authorized service centre shall be accepted by us in case of arising claim in electronic items but it can’t be more than declared value.

In case of any damage of furniture item if it is repairable, the damage would get repaired by the carpenter of the company and no claim for replacement of the damaged furniture/wooden item will be considered.

No claim shall be considered in case of minor scratches in furniture items.

The carrier will not be responsible for payment of any compensation in respect of electronic articles if not shown in working condition at the time of packing. The carrier will be liable for repair of damaged part to make the same in working condition or the cost of damaged parts will be paid proportionately after computing the value of damaged set's part restricting the declared value of particular item.

Similarly, in case of other items, the amount of compensation will be decided on proportionate basis of the declared value of other items or alternatively the damaged portion will begot repaired.

In case of minor and repairable damages, the client need to initially give a claim letter and quotes for repair estimates from an authorized vendor to process the risk coverage claim.

If single piece has been broken out of a set, the payment will be made proportionately of the value of such set declared at the time of packing and as noted in the packing list computing the cost of single piece and the claim of replacement of complete set will not be considered. However, in case of broken item being in addition to the proportionate cost of broken piece, 15% more could be paid in case of exceptional item only to compensate the loss.

Amount based on extent of damages shall be considered in case of estimate from consignee is not received. All repair estimates shall be received within 5 to 7 working days.

Depreciation amount 10% per year shall be considered for furniture and electronic items on declared value.

GST amount can only be paid if final repair bill is received.

If carrier considers 100% declared value against claim then damaged item shall be picked up by carrier as salvage.

Fitting work can only be provided within 3 days (if charges have been taken) after delivery, no such facility shall be provided thereafter.

 

DATA PROTECTION POLICY

 

Divya Packers and Movers Ltd. maintain personal information about customers and transferees related to their relocation and moving. Agarwal is committed to respect its customers by handling all the personal information collected and taking necessary measures to ensure the security, confidentiality and discretion of personal data and prevent that they are altered, transmitted or used by persons with unauthorized access in accordance with applicable local laws as well as our own Privacy Policy.

This document explains our Data Protection procedure and addresses 10 privacy principles. These 10 privacy principles are essential to the proper protection and management of our customer’s personal and sensitive information. These principles are based on internationally known fair information practices included in many privacy laws and regulations of various jurisdictions around the world and recognized good privacy practices.

 

1. MANAGEMENT

 

We will, through appropriate management and strict application of criteria and controls:

• Observe fully conditions regarding the fair collection and use of information.

• Meet our legal obligations to specify the purposes for which information is used.

• Collect and process appropriate information, and only to the extent that it is needed to fulfill our operational needs or to comply with any legal requirements.

We ensure that we have a responsible person (Quality Manager) in Agarwalfor ensuring compliance with up to date Data Privacy Protection regulations.

We ensure that everyone processing personal information understands that they are contractually responsible for following good data

protection practice aligned with internal procedures and legal requirements.

We collect, process and transfer personal information about customers through computerized and paper-based data processing systems.

We ensure that all processing and transfers of personal information of our customers and transferees are subject to reasonable confidentiality and privacy safeguards.

 

2. NOTICE:

 

We provide notice about our privacy policies, terms and conditions on our company website under the quality section. We are committed to respect all our customers by handling all their personal information collected in connection with their relocation in accordance with applicable law as well as our own privacy policies. We only process personal information to accommodate the customer with their respective to their relocation. We may process sensitive information if it is needed to carry out their successful relocation or if it is required to comply with the applicable law. In general personal and/or sensitive information will not be collected, processed or transferred, except where adequate privacy protection mechanisms are in place.

 

3. CHOICE AND CONSENT:

 

By confirming use of our service by accepting our quotation you give your explicit consent with respect to the collection, use, and disclosure of personal information as described in this notice. Explicit consent here means you were clearly presented with an option to agree or disagree with the collection, use, or disclosure of personal information.

 

4. COLLECTION

 

We shall obtain and process personal data fairly and in accordance with statutory and other legal obligations. We collect personal information for the sole purposes to accommodate transferees before, during and after their entire relocation process. Personal information can be collected from the transferee, his family members, his employer and/or

moving companies or origin/destination agents related to their relocation process.

 

5. USE, RETENTION AND DISPOSAL:

 

We limit the use of personal information to the sole purpose of executing your relocation and for which you have given your explicit consent at the time of your acceptance of our quotation. We retain personal information for only as long as necessary to fulfill the stated purposes or as required by law or regulations and thereafter appropriately dispose of such information

 

6. ACCESS:

 

You may reasonably access and update your personal information by contacting the Agarwal. This notice provides basic information about our processing of your personal information and your privacy rights. Should you have additional questions, you may contact the responsible person at Divya Packers and Movers Ltd as follows:

Name of the person:

Designation: CEO

Email: 

Tel: 

 

7. DISCLOSURE TO THIRD PARTIES:

 

We shall use and disclose your personal data only in circumstances that are necessary for the purposes for which we collected the data. We will use this information to provide packing, transportation and storage of your household goods and to inform of the status and may provide your information to third party in the supply chain, which are related to administrative and operational activities of your relocation. We will never sell your personal information to third parties.

 

8. SECURITY AND PRIVACY:

 

We protect personal data against unauthorized access (both physical and digital) aligned with our internal IT policy and procedures. We shall take appropriate security measures against unauthorized access to, or alteration, disclosure or destruction of personal data and against its

accidental loss or destruction. Personal data will only be accessible to Agarwals’ authorized staff.

 

9. QUALITY

 

We maintain accurate, complete, and relevant personal information as reasonable possible and only for the purposes identified in this notice. We retrieve your personal data from the owner filled owner’s information form and from the corresponding e-mails. Please note that we have shared responsibility with regard to the accuracy of your personal information. Please let us know of any changes to your personal information.

 

10. MONITORING AND ENFORCEMENT:

 

We monitor compliance with our privacy policies and procedures and have procedures to address privacy related complaints and disputes. All Agarwals employees are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them. If you believe that your personal information is not handled in accordance with the applicable law or our privacy policies, you may submit a complaint to the Agarwals’ responsible person who will investigate the complaint.

This Data Protection Policy will be reviewed regularly in light of any legislative or other relevant developments.

 

ANTI-BRIBERY & ANTI-CORRUPTION POLICY

 

Divya Packers and Movers Ltd. fully upholds the laws regarding anti bribery and corruption. Any act or attempted bribery and corruption is unacceptable; this applies to offering a bribe or accepting a bribe.

Bribery is the offering, promising, giving, accepting or soliciting of an advantage as an inducement for action. It is illegal, and it is a breach of trust. A bribe is an inducement or reward offered, promised or provided in order to gain a commercial, contractual, regulatory or personal advantage.

This policy extends to all our stakeholders including but not limited to employees, shareholders, management, service providers, Customers, Overseas partners, etc and all those who act on your behalf. In addition to compliance with this policy you will also uphold all the laws regarding bribery and corruption in your own jurisdictions.

You agree to:

• Never engage in any form of bribery, either directly or through any third party.

• Never offer or make an improper payment, or authorize an improper payment (cash or otherwise) to any individual, including any local or foreign official anywhere in the world.

• Never attempt to induce an individual, or a local or foreign official to act illegally or improperly.

• Never offer, or accept, money or anything of value, such as gifts, kickbacks or commissions, in connection with the procurement of business or the award of a contract.

• Never offer or give any gift or token of hospitality to any public employee or government official or representative if there is any expectation or implication for a return favor

• Never accept any gift from any business partner if there is any suggestion that a return favor will be expected or implied.

• Never facilitate payments to obtain a level of service which one would not normally be entitled to.

• Never disregard or fail to report any indication of improper payments to the appropriate authorities.

• Never induce or assist another individual to break any applicable law or regulation.

The prevention, detection and reporting of bribery and corruption are the responsibility of all those working with us or for us or under our control.

If you believe or suspect that bribery or corruption has taken place you should inform your manager/representative and notify Divya Packers and Movers Ltd. immediately.

 

Disclaimer for National Flag

 

The visual of any political map, symbol, flag, mark, identity, which represents or may concern with any country, organization, or forum is used in the website is the symbolic representation. It may differ from actual or concerned marks. Our purpose is to place these marks, symbols, or flag to elaborate our website visitors, not to damage, tamper, misuse or manipulate the sentiments associated with them in any manner. Divya Packers and Movers Ltd. denies all the liability to any person for any loss or damage caused due to this act.

 

ANTI-TRUST CHARTER POLICY

 

Leading the Fight Against Cartels

FIDI supports the adoption of Anti-Trust compliance programs by its Affiliates. In this connection, Divya Packers and Movers Ltd is determined to support the fight against cartels, which restrict competition among suppliers to the detriment of customers.

 

What is a Cartel?

 

A cartel is an agreement, concerted practice or conspiracy among competitors to fix prices, submit collusive tenders, divide or share markets and, more generally, restrict competition.

A cartel is regarded as the most egregious violation of Anti-Trust laws in most jurisdictions, which may lead to the imposition of significant fines as well as, in certain jurisdictions, criminal penalties.

Divya Packers and Movers Ltd. will not tolerate Cartel conduct

Divya Packers and Movers Ltd. respects the Anti-Trust laws and regulations in the countries in which it operates. Involvement in a cartel is unacceptable. It is against Divya Packers and Movers Ltd. core values of competing freely and fairly, based on the added value of its products and services.

The laws and regulations that sanction cartel conduct are in place in most jurisdictions. These laws and regulations are designed to promote free and fair competition and to protect consumers. Anti-Trust compliance programs are to detect and prevent cartels.

 

Charter Statement

 

Undertaking by Divya Packers and Movers Ltd. with immediate effect

Divya Packers and Movers Ltd. commit to legal and ethical behaviour, and to refrain from engaging in any business that will harm the interests of our affiliates, clients, or the industry. Divya Packers and Movers Ltd. will take steps to ensure they are fully informed of applicable Anti-Trust laws and regulations in connection with cartel conduct and other Anti-Trust violations, and will monitor their employees and business partners to ensure full and continual compliance.

 

Legal compliance

 

Divya Packers and Movers Ltd. will ensure that they are aware of all applicable laws and regulations covering anticompetitive practices in all the jurisdictions in which they operate, and that they will obey and uphold those laws and regulations.

Divya Packers and Movers Ltd. will ensure that they are aware of, and are complying with, applicable laws and regulations in connection with cartels.

 

Ethical behaviour

 

As a demonstration of its commitment, Divya Packers and Movers Ltd. pledge to take a zero-tolerance approach to cartel conduct. At all times, Divya Packers and Movers Ltd. will act professionally, fairly and with the utmost integrity in all business dealings and relationships. This will apply wherever they operate.

Commitment to the values of FIDI

This Charter will be formally integrated into the FAIM quality standard.

By agreeing and committing to this Charter, Divya Packers and Movers Ltd. undertakes to:

1. Never make direct or indirect (via third parties including agents, suppliers or customers) contact with an actual or potential competitor or other third party, the object of which is to engage in cartel behaviour.

2. Never propose or reach an agreement, whether directly or indirectly, formally or informally, with actual or potential competitors, regarding any sensitive competition-related issues, including:

• Fixing prices

• Dividing or sharing markets, customers or territories

• Rigging a competitive bidding process

3. Report any indication or initiative of improper anticompetitive business conduct by an actual or potential competitor in accordance to your internal reporting procedure, including but not limited to, reporting to your legal department and / or to the relevant Anti-Trust authorities.

4. Not to participate in a meeting of a trade association in which sensitive competition-related issues are discussed. If such subjects are raised during a meeting, employees of Divya Packers and Movers Ltd. must immediately ask for the discussion to end. If not, they must leave the meeting and ask for that to be noted in the minutes of the meeting.

5. Ensure that all internal and external correspondence, including emails and texts, and documents, discussions and public statements do not contain any statements that might be misinterpreted by third parties or Anti-Trust authorities and courts in the context of a potential Anti-Trust investigation.

6. Maintain independent judgement in pricing or selling of any products and/or services.

7. Limit any information discussed during commercial negotiations, with or disclosed to competitors or third parties, to that which is strictly necessary for completing or assessing the transaction.

We confirm that we have read and understood the FIDI Anti-Trust Charter. We accept and agree to abide by this Charter and the Code of Conduct, which is included in the FAIM Implementation Manual and is available on the FIDI website.

We understand and accept that participating in a cartel, as described in this Charter, in a final decision of a competent authority, is considered as non-compliance with this Anti-Trust Charter.

We understand and accept that non-compliance with this Charter signifies non-compliance with FAIM pre-requirements, which will result in expulsion from the FIDI organization.