Terms of Service

For these Terms:

“Customer” means an importer, exporter, cargo owner, consignee, consignor, brand, distributor, manufacturer or other person requesting or purchasing Services through CapeTerminal.

“Facility Provider” means a warehouse, factory, packaging facility, processing facility, transport operator, inspection provider, customs intermediary or other third-party service provider displayed on, connected through or engaged using the Platform.

“Platform” means the CapeTerminal website, applications, communication systems, dashboards and associated technology.

“Service Order” means a quotation, work order, booking confirmation, statement of work, shipment instruction, purchase order or similar document accepted by CapeTerminal and the Customer.

“Services” means the platform, coordination, operational management and other services provided by CapeTerminal, including services described in an applicable Service Order.

“Shipment” means cargo, products, containers, packages, documents or other goods submitted for transportation, storage, processing or value addition.

“Value-Addition Services” may include inspection, sorting, grading, consolidation, kitting, assembly, packaging, repackaging, filling, bottling, labelling, relabelling, palletisation, warehousing, quality control, light manufacturing and export preparation.

CapeTerminal provides a platform for discovering, requesting, coordinating and managing services connected with cargo handling, value addition, warehousing, logistics and re-export.

Depending on the applicable Service Order, CapeTerminal may:

• identify or recommend Facility Providers;
• obtain quotations and availability;
• develop an operational workflow;
• coordinate cargo movements and custody transfers;
• communicate instructions to Facility Providers;
• collect and organise shipment documents;
• track operational milestones;
• coordinate inspections and quality checks;
• facilitate payments;
• provide shipment-related updates; and
• arrange other agreed services.

The precise scope of CapeTerminal’s responsibilities for a Shipment will be stated in the relevant Service Order.

Information displayed on the Platform does not, by itself, constitute a binding commitment to provide a particular service, price, completion date, facility, vessel connection or shipment outcome.

Facility Providers are independent third parties unless a Service Order expressly states otherwise.

A Facility Provider is not an employee, partner, agent, joint venturer or representative of CapeTerminal merely because it is listed on the Platform or engaged through CapeTerminal.

CapeTerminal may conduct reasonable verification of Facility Providers and their submitted information. However, unless expressly stated in a Service Order, we do not guarantee:

• a provider’s licences, certifications or regulatory status;
• the completeness or accuracy of a provider’s listing;
• continued availability of its equipment or capacity;
• its financial condition;
• its workmanship;
• its compliance with Customer-specific requirements; or
• its suitability for a particular Shipment.

CapeTerminal may suspend, remove or restrict a Facility Provider or listing at any time where we reasonably believe that doing so is necessary for safety, compliance, service quality or protection of Platform users.

A request submitted through the Platform is an enquiry and not an accepted booking.

A binding Service Order is formed only when the applicable scope, pricing and material commercial terms have been accepted through the Platform, by electronic communication or by another agreed method.

A Service Order may include:

• the Shipment description;
• cargo quantity, dimensions and weight;
• required Value-Addition Services;
• applicable facilities and providers;
• service standards;
• packaging or transformation specifications;
• estimated timelines;
• pricing and payment terms;
• insurance responsibilities;
• customs and documentation responsibilities;
• inspection or acceptance procedures; and
• special operating conditions.

Each Service Order forms part of these Terms.

Where there is a conflict between these Terms and a Service Order, the Service Order will prevail only in relation to the specific Shipment and only to the extent of the conflict.

Customer purchase-order terms or other standard terms will not apply unless CapeTerminal expressly accepts them in writing.

You may be required to create an account to access some Services.

You agree to:

• provide accurate and complete registration information;
• keep your account details current;
• protect your passwords and authentication credentials;
• restrict access to authorised personnel;
• promptly notify us of suspected unauthorised access; and
• remain responsible for activity performed through your account.

We may rely on instructions submitted through your account or by your authorised personnel.

You must not impersonate another person, create accounts using false information, interfere with account security or attempt to access another user’s account.

The Customer is responsible for providing complete, accurate and timely information concerning the Shipment and requested Services.

This includes, where applicable:

• an accurate description of the goods;
• product composition and intended use;
• quantity, dimensions, volume and weight;
• package and container details;
• hazardous-goods classification;
• safety data sheets;
• handling and storage requirements;
• temperature requirements;
• country of origin;
• destination country;
• applicable product standards;
• labelling and packaging requirements;
• intellectual-property permissions;
• customs classification;
• declared value;
• import and export restrictions;
• licences, permits and approvals;
• commercial invoices and packing lists;
• bills of lading and booking information;
• transformation instructions;
• acceptable tolerances;
• inspection criteria; and
• the desired final output.

The Customer must ensure that all instructions are technically feasible, lawful and sufficiently detailed for execution.

CapeTerminal and Facility Providers may rely on the information and documents supplied by the Customer without independently verifying their accuracy unless verification is expressly included in the Service Order.

The Customer is responsible for consequences arising from incomplete, inaccurate, misleading, late or inconsistent information.

The Customer represents and warrants that it:

• owns the Shipment or has lawful authority from the owner;
• has authority to instruct CapeTerminal and relevant Facility Providers;
• has obtained all necessary permissions to transport, store, process, alter, package or re-export the Shipment;
• has the right to use all trademarks, labels, artwork, designs and product materials supplied to us; and
• is entitled to enter into the relevant Service Order.

We may require evidence of ownership, authority, identity, business registration, tax registration or source of funds before accepting or continuing a Shipment.

You must not submit or attempt to submit cargo that is unlawful, stolen, counterfeit, sanctioned, fraudulently documented or prohibited under applicable law.

Unless CapeTerminal has expressly approved the cargo in writing, you must not submit:

• explosives or weapons;
• ammunition;
• radioactive materials;
• illegal narcotics or controlled substances;
• human remains;
• live animals;
• endangered species or prohibited wildlife products;
• currency or negotiable instruments;
• stolen or counterfeit goods;
• illegally harvested timber or minerals;
• waste requiring special regulatory approval;
• highly hazardous chemicals;
• infectious substances;
• goods subject to sanctions or trade restrictions;
• goods infringing third-party intellectual-property rights; or
• any cargo requiring specialised handling that was not disclosed in advance.

Hazardous, perishable, temperature-controlled, food, pharmaceutical, cosmetic, chemical, restricted or high-value cargo must be fully disclosed before a Service Order is accepted.

We may inspect, isolate, refuse, suspend, return or arrange lawful disposal of cargo that is undeclared, unsafe, prohibited or materially different from its description. The Customer will be responsible for resulting costs and liabilities.

Unless expressly included in a Service Order, CapeTerminal does not act as the importer of record, exporter of record, customs broker, freight forwarder, carrier, non-vessel-operating common carrier, tax adviser or legal adviser.

The Customer remains responsible for:

• customs declarations;
• tariff classification;
• origin declarations;
• valuation;
• duties, taxes and levies;
• import and export licences;
• product registrations;
• sanctions compliance;
• destination-market compliance;
• rules-of-origin requirements;
• labelling requirements;
• environmental obligations; and
• all other legal requirements applicable to the Shipment.

Where CapeTerminal assists with documents, classifications or regulatory coordination, that assistance is operational in nature and does not replace advice from a qualified customs, tax or legal professional.

Government authorities may inspect, detain, test, seize, reject or destroy cargo. CapeTerminal is not responsible for such action except to the extent directly caused by CapeTerminal’s fraud, wilful misconduct or other liability that cannot lawfully be excluded.

The Customer is responsible for determining whether the original goods, transformation process, final product, packaging, labels and supporting documents comply with the laws and standards of the destination market.

CapeTerminal will implement the specifications accepted in the Service Order but does not independently certify that those specifications satisfy every applicable legal, technical or commercial requirement.

Any regulatory review, laboratory testing, product certification, standards assessment or compliance verification must be separately agreed.

The Customer must approve final artwork, labels, claims, ingredient declarations, warnings, barcodes, translations and destination-specific information before production or application.

CapeTerminal will coordinate Services using the latest instructions accepted by us.

The Customer must promptly review confirmations, specifications, samples, proofs, photographs and operational updates.

A requested change may result in:

• revised pricing;
• additional materials or labour;
• operational delays;
• disposal or rework costs;
• changed transport arrangements;
• demurrage, detention or storage charges; or
• cancellation of prior bookings.

Changes are binding only when accepted by CapeTerminal.

CapeTerminal may make reasonable operational adjustments where necessary for safety, legal compliance, cargo protection or execution of the agreed outcome. We will seek Customer approval before making a material change where reasonably practicable.

Where a Service Order includes samples, prototypes, packaging proofs or production approvals, the Customer must review and approve them within the stated period.

Approval may be recorded through the Platform, email, messaging service, electronic signature or another agreed method.

Customer approval authorises CapeTerminal and relevant Facility Providers to proceed on the basis of the approved sample or proof.

Minor commercial variations may occur in colour, texture, dimensions, print position, packaging materials, weight, fill level or other characteristics due to production tolerances. Any binding tolerance must be specified in the Service Order.

Inspection procedures, sampling methods and acceptance criteria must be stated in the Service Order.

Unless otherwise agreed, operational photographs, scan records, quantity records and reports provide evidence of activities performed but are not independent product certifications.

The Customer must notify CapeTerminal of an alleged shortage, visible damage or non-conformity within:

• [seven] business days after the relevant inspection report or completion notice; or
• where the issue could not reasonably be identified earlier, [fifteen] business days after delivery of the Shipment.

The notice must include reasonable supporting evidence.

Failure to notify us within the applicable period may constitute acceptance of the relevant Services, except for defects that could not reasonably have been discovered during that period.

Where a valid non-conformity is established, CapeTerminal may, depending on the circumstances:

• arrange re-performance;
• arrange repair or rework;
• replace affected materials;
• issue a proportionate credit;
• refund the affected service charge; or
• pursue an available remedy against the responsible Facility Provider.

Arrival dates, processing periods, completion dates, vessel schedules and delivery estimates are estimates unless expressly guaranteed in a Service Order.

Timelines may be affected by circumstances including:

• vessel or carrier changes;
• customs examinations;
• port congestion;
• documentation delays;
• cargo discrepancies;
• equipment availability;
• provider capacity;
• material shortages;
• labour disruption;
• weather;
• regulatory action;
• inspection results;
• Customer approvals; and
• events outside our reasonable control.

The Customer must provide any latest acceptable departure date or other critical deadline before accepting the Service Order.

CapeTerminal is not liable for missed commercial opportunities, sales windows or downstream commitments based solely on an estimated date.

The entity with physical possession of the Shipment may change during the operational workflow.

Custody records may be created using:

• warehouse receipts;
• container or package scans;
• QR codes;
• photographs;
• handover records;
• transport documents;
• digital event records; or
• provider confirmations.

Platform status information is intended to improve operational visibility but does not constitute a negotiable warehouse receipt, bill of lading or document of title.

Storage is subject to the applicable facility’s operating and safety requirements.

If cargo remains at a facility beyond the agreed period, additional storage, handling, insurance, demurrage, detention or disposal charges may apply.

Transport services may be performed by independent road, rail, ocean, air or multimodal carriers.

Unless CapeTerminal expressly contracts as principal for transportation, the carriage is also subject to the carrier’s bill of lading, waybill, tariff and standard conditions.

Carrier schedules, routing, equipment allocation and transshipment arrangements may change without CapeTerminal’s control.

The Customer must review carrier documents and promptly notify CapeTerminal of any inconsistency.

CapeTerminal does not provide cargo insurance unless expressly stated in a Service Order.

The Customer is responsible for maintaining adequate insurance covering the Shipment throughout transportation, storage, handling, processing and re-export.

Insurance should account for:

• the full value of the cargo;
• value added during processing;
• anticipated duties and taxes;
• freight and handling costs;
• storage risks;
• processing risks; and
• any special characteristics of the cargo.

Where CapeTerminal arranges insurance at the Customer’s request, coverage remains subject to the insurer’s policy terms, exclusions, deductibles and claims procedures.

CapeTerminal does not guarantee that an insurer will accept or pay a claim.

Quotations are based on the information available when issued.

Unless expressly stated otherwise, prices may exclude:

• GST and other taxes;
• customs duties and levies;
• freight;
• port charges;
• terminal handling charges;
• demurrage and detention;
• storage beyond the included period;
• insurance;
• inspections and testing;
• permits and certifications;
• special equipment;
• material price increases;
• disposal charges;
• bank charges;
• foreign-exchange differences; and
• services arising from inaccurate cargo information.

CapeTerminal may revise a quotation before acceptance.

After acceptance, additional charges may apply where the actual Shipment, scope or operating conditions differ from the information provided by the Customer.

Fees are exclusive of applicable taxes unless stated otherwise.

The Customer must pay GST, duties, withholding taxes and other government charges applicable to the Services or Shipment.

Where the Customer is legally required to deduct tax, it must:

• make the deduction in accordance with law;
• provide the required tax certificate promptly; and
• cooperate in enabling CapeTerminal to claim the corresponding tax credit.

The Customer remains responsible for customs duties, product taxes, import taxes and destination-country taxes unless the Service Order expressly states otherwise.

Payment schedules will be stated in the Service Order or invoice.

CapeTerminal may require:

• an advance payment;
• a deposit;
• reimbursement of third-party expenses;
• milestone payments;
• full payment before cargo release; or
• a credit arrangement approved by us.

Invoices must be disputed in writing within [fourteen] days of issue. The Customer must pay all undisputed amounts when due.

Late amounts may accrue interest at the lower of:

• [1.5%] per month; or
• the maximum rate permitted by law.

The Customer is responsible for reasonable costs incurred in recovering overdue amounts.

To the extent permitted by applicable law and contractual arrangements, CapeTerminal or a Facility Provider may suspend Services or withhold release of cargo, products, materials or documents where:

• payment is overdue;
• required documents are missing;
• cargo creates a safety or legal risk;
• the Customer has breached these Terms;
• instructions are disputed or unclear;
• continued performance may violate applicable law; or
• operational costs have not been funded.

Storage and other charges may continue during suspension.

Nothing in this section creates a lien broader than one recognised by applicable law or expressly agreed in the relevant Service Order.

The Customer may request cancellation before completion of the Services.

Cancellation is subject to:

• work already performed;
• materials already ordered or produced;
• non-refundable third-party bookings;
• provider cancellation charges;
• transport cancellation charges;
• storage and handling expenses;
• administrative costs; and
• reasonable wind-down expenses.

Deposits may be non-refundable to the extent committed or applied to such costs.

CapeTerminal may cancel or decline a Service Order where performance becomes unlawful, unsafe, technically infeasible or materially different from the agreed scope.

Cargo may be treated as abandoned where:

• the Customer cannot be contacted;
• the Customer fails to provide instructions;
• the Customer fails to pay amounts due;
• the Customer fails to collect or arrange onward movement;
• cargo cannot lawfully be processed or exported; or
• cargo remains after the agreed storage period.

CapeTerminal will provide reasonable notice where practicable.

Subject to applicable law, CapeTerminal may arrange continued storage, return, sale, recycling, destruction or disposal of abandoned cargo. The Customer remains responsible for associated costs and liabilities.

CapeTerminal may communicate through:

• email;
• telephone;
• SMS;
• WhatsApp or similar messaging services;
• account notifications;
• dashboards; and
• API or system-generated messages.

You consent to receiving transactional and operational communications necessary for account administration and performance of the Services.

Electronic status updates may depend on information supplied by third parties and may be delayed, incomplete or corrected later.

Marketing communications may be managed separately using the unsubscribe or preference options provided.

We aim to maintain reliable access to the Platform but do not guarantee uninterrupted or error-free operation.

We may suspend access for:

• maintenance;
• upgrades;
• security incidents;
• legal requirements;
• misuse prevention;
• provider outages; or
• circumstances outside our reasonable control.

The Customer should maintain independent copies of critical shipment records and documents.

You may upload or submit data including product descriptions, artwork, labels, photographs, specifications, instructions, certificates and shipment documents.

You retain ownership of your content.

You grant CapeTerminal a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, modify and share that content to the extent necessary to:

• provide the Services;
• communicate with Facility Providers;
• generate operational documents;
• conduct compliance and security checks;
• maintain records;
• resolve disputes; and
• comply with legal obligations.

You represent that you have the rights and permissions necessary to provide the content and permit its use for these purposes.

Each party may receive confidential commercial, technical or operational information from the other.

The receiving party must:

• use confidential information only for the applicable business relationship;
• apply reasonable safeguards;
• disclose it only to personnel and service providers who need it; and
• not disclose it to unrelated third parties without permission.

Confidentiality obligations do not apply to information that:

• is publicly available without breach;
• was already lawfully known;
• is independently developed;
• is lawfully received from another source; or
• must be disclosed by law or a competent authority.

CapeTerminal may share necessary information with Facility Providers, carriers, insurers, professional advisers, technology providers and government authorities for the operation and protection of the Services.

The Platform, software, designs, workflows, databases, branding, graphics and original content provided by CapeTerminal are owned by CapeTerminal or its licensors.

These Terms do not transfer ownership of CapeTerminal intellectual property.

You may use the Platform only for your internal business purposes and in accordance with these Terms.

You must not:

• copy or commercially exploit the Platform;
• reverse engineer or attempt to extract its source code, except where legally permitted;
• bypass security or access controls;
• scrape the Platform using unauthorised automated methods;
• interfere with Platform operation;
• use CapeTerminal branding without permission; or
• create a competing database using Platform content.

Facility Providers must ensure that listing information is accurate, current and not misleading.

CapeTerminal may edit the formatting of listings, request supporting documents or remove unsupported claims.

Platform rankings, recommendations, badges or featured positions do not constitute guarantees or certifications unless expressly identified as such.

Users submitting reviews, feedback or ratings must ensure that their submissions are genuine, relevant and lawful.

CapeTerminal may remove content that is fraudulent, abusive, defamatory, misleading, irrelevant or otherwise inconsistent with Platform policies.

You must not use the Platform to:

• commit fraud or deception;
• facilitate unlawful trade;
• evade customs duties, taxes or sanctions;
• submit false shipment information;
• upload malware;
• probe or attack Platform security;
• interfere with another user;
• harvest personal data without authority;
• send spam;
• infringe intellectual-property rights;
• misrepresent the origin or characteristics of goods; or
• engage in conduct that may harm CapeTerminal, Facility Providers or other users.

We may investigate suspected misuse and cooperate with lawful requests from authorities.

CapeTerminal processes personal data in accordance with its Privacy Policy and applicable law.

Operational information may be shared with Facility Providers, carriers, payment processors, insurers, professional advisers, technology vendors and public authorities where necessary to provide the Services or comply with legal obligations.

The Customer must ensure that it has the legal authority to provide personal data relating to its personnel, suppliers, customers, consignees and other individuals.

The Privacy Policy should be read together with these Terms.

The parties agree that electronic records may be used to document:

• account activity;
• approvals;
• instructions;
• quotations;
• Service Orders;
• messages;
• custody events;
• scans;
• timestamps;
• photographs;
• reports;
• invoices; and
• payment activity.

Subject to applicable law, CapeTerminal’s system records will constitute prima facie evidence of Platform activity unless shown to be materially incorrect.

The Platform may integrate with or link to third-party services, including payment processors, mapping services, communication providers and logistics systems.

CapeTerminal does not control those third-party services and is not responsible for their availability, security, content or separate terms.

Your use of a third-party service may be subject to an additional agreement between you and that provider.

Except for express commitments contained in an accepted Service Order, the Platform and Services are provided on an “as available” basis.

To the maximum extent permitted by law, CapeTerminal disclaims implied warranties of merchantability, fitness for a particular purpose, uninterrupted availability and non-infringement.

CapeTerminal does not guarantee:

• that a Shipment will qualify for a particular customs treatment or origin status;
• that Value-Addition Services will reduce duties or taxes;
• a particular freight rate or vessel schedule;
• regulatory approval;
• uninterrupted third-party services;
• sales or commercial performance of the finished product; or
• that information supplied by a Customer or Facility Provider is complete and accurate.

Nothing in these Terms excludes a warranty or obligation that cannot lawfully be excluded.

Nothing in these Terms limits liability for fraud, wilful misconduct or another liability that cannot be limited under applicable law.

Subject to the above, CapeTerminal will not be liable for:

• indirect, incidental, special or consequential loss;
• loss of profit, revenue, business, goodwill or opportunity;
• loss of anticipated savings;
• market-price changes;
• customs duties or penalties arising from Customer information;
• delay caused by carriers, ports, authorities or Facility Providers;
• loss caused by inherent cargo defects;
• damage caused by inadequate original packaging;
• regulatory rejection of the Customer’s product or specifications;
• losses recoverable under cargo insurance; or
• loss of data where the Customer failed to retain reasonable backups.

CapeTerminal’s aggregate liability arising from a particular Service Order will not exceed the greater of:

• the fees paid or payable directly to CapeTerminal under that Service Order during the [six] months preceding the event giving rise to the claim; or
• INR [amount].

Amounts paid to carriers, Facility Providers, government authorities or other third parties as pass-through costs are excluded when calculating fees paid directly to CapeTerminal.

Where a loss is caused by a Facility Provider, carrier or other third party, CapeTerminal may reasonably assist the Customer in pursuing a claim. Such assistance does not make CapeTerminal liable for the third party’s acts or omissions.

The Customer will indemnify CapeTerminal, its affiliates, directors, officers and personnel against third-party claims, regulatory action, losses, penalties and reasonable costs arising from:

• inaccurate or incomplete cargo information;
• undisclosed hazardous or restricted cargo;
• breach of customs, sanctions, import or export requirements;
• unlawful or infringing labels, artwork or products;
• the Customer’s product claims or destination-market non-compliance;
• lack of authority over the Shipment;
• injury or damage caused by an inherent defect in the goods;
• the Customer’s breach of these Terms or a Service Order; or
• fraud, negligence or wilful misconduct by the Customer or its personnel.

This indemnity will not apply to the extent a claim was directly caused by CapeTerminal’s fraud, wilful misconduct or another liability that cannot lawfully be excluded.

CapeTerminal will not be liable for delay or failure caused by events beyond its reasonable control, including:

• natural disasters;
• severe weather;
• flood or fire;
• war, terrorism or civil unrest;
• epidemic or pandemic;
• strikes or labour shortages;
• port congestion or closure;
• canal or shipping-route disruption;
• vessel cancellation;
• carrier failure;
• customs or government action;
• sanctions or trade restrictions;
• power, telecommunications or internet failure;
• cyberattack;
• material shortages; or
• failure of a critical third-party service.

Affected obligations will be suspended for the duration of the event.

If the event continues for a commercially unreasonable period, either party may terminate the affected Service Order, subject to payment for Services performed, costs incurred and unavoidable third-party commitments.

CapeTerminal may suspend or terminate access to the Platform where:

• you materially breach these Terms;
• payment remains overdue;
• account information is false;
• activity creates a security or compliance risk;
• continued access may expose CapeTerminal or another person to liability;
• you misuse the Platform; or
• we are required to do so by law.

You may stop using the Platform at any time.

Termination of an account does not cancel an active Service Order unless separately agreed.

Terms concerning payment, confidentiality, intellectual property, indemnity, liability, dispute resolution and other provisions intended to survive will continue after termination.

Questions, complaints and grievances may be submitted to:

Grievance Officer: Ashwin Shaji Email: [email protected] Telephone: +918846536903 Address: Kerala Startup Mission (KSUM) space on the -2 floor of the Thejaswini Building in Phase 1, Technopark, Kazhakkoottam, Thiruvananthapuram, Kerala 695581

Please include your account details, Shipment reference and a description of the issue.

We will acknowledge and process complaints in accordance with applicable law and our internal procedures.

The parties should first attempt to resolve a dispute through good-faith discussions.

A party must provide written notice describing the dispute and requested resolution. Authorised representatives of both parties will attempt to resolve it within 30 days after receipt of the notice.

If the dispute is not resolved, it will be referred to arbitration under the Arbitration and Conciliation Act, 1996.

The arbitration will:

• be conducted by a sole arbitrator mutually appointed by the parties;
• have its seat and legal place in Thiruvananthapuram, Kerala, India;
• be conducted in English; and
• permit hearings to be conducted electronically where appropriate.

If the parties do not agree on an arbitrator, the appointment will be made in accordance with applicable law.

Nothing prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.

These Terms and each Service Order are governed by the laws of India.

Subject to the arbitration clause, courts in Thiruvananthapuram, Kerala will have exclusive jurisdiction over disputes arising from or connected with these Terms or the Services.

Mandatory rights and jurisdictions that cannot lawfully be excluded remain unaffected.

CapeTerminal is based in India, but Customers and Facility Providers may be located in other countries.

Users are responsible for compliance with laws applicable in their own jurisdiction.

Access to the Platform from another country does not mean that CapeTerminal submits to that country’s laws or courts, except where such laws mandatorily apply.

We may update these Terms to reflect changes in:

• the Services;
• applicable law;
• Platform functionality;
• security practices;
• business operations; or
• industry requirements.

The revised version will be posted with an updated effective date.

Where a change materially affects existing rights or obligations, we will provide reasonable notice where required.

Changes will not retroactively alter an accepted Service Order unless agreed by the parties or required by law.

You may not assign or transfer your rights or obligations under these Terms or a Service Order without CapeTerminal’s prior written consent.

CapeTerminal may assign these Terms to an affiliate or in connection with a merger, restructuring, financing or transfer of all or substantially all of the relevant business or assets.

Legal notices to CapeTerminal must be sent to:

CapeTerminal Pvt Ltd Kerala Startup Mission (KSUM) space on the -2 floor of the Thejaswini Building in Phase 1, Technopark, Kazhakkoottam, Thiruvananthapuram, Kerala 695581 Email: [email protected]

Notices to the Customer may be sent to the email address associated with its account or stated in the relevant Service Order.

Electronic notices will be treated as received when transmitted, unless the sender receives a delivery-failure notification.

These Terms, the Privacy Policy, applicable Platform policies and each accepted Service Order constitute the agreement between the parties concerning the relevant Services.

If any provision is held invalid or unenforceable, the remaining provisions will continue in effect.

Failure to enforce a provision does not waive the right to enforce it later.

Headings are for convenience and do not affect interpretation.

The words “including” and “includes” mean “including without limitation.”

No person other than the parties has a right to enforce these Terms unless expressly stated otherwise.

For questions about these Terms, contact:

CapeTerminal Operated by: CapeTerminal Private Limited. Registered address: Kerala Startup Mission (KSUM) space on the -2 floor of the Thejaswini Building in Phase 1, Technopark, Kazhakkoottam, Thiruvananthapuram, Kerala 695581 Email: [email protected] Telephone: +918848536903 Website: capeterminal.com