| Company Name | NShine Technologies Pvt. Ltd. |
| Product | NShine ERP (Transport Management Software) |
| Website | https://nshineerp.com |
| Application | https://app.nshineerp.com |
| Registered Office | Hyderabad, Telangana, India |
| Governing Law | Laws of India – Telangana Jurisdiction |
| Contact Email | [email protected] |
| Helpline | +91 800-891-4488 |
These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding contract between NShine Technologies Pvt Ltd (“Company”, “NShine”, “we”, “us”, or “our”) and you (“User”, “Subscriber”, “Customer”, or “you”), governing your access to and use of the NShine ERP platform, including the website https://nshineerp.com, the web application accessible at https://app.nshineerp.com, all associated software, features, modules, dashboards, APIs, and related services (collectively, the “Platform” or “Services”).
By accessing the Platform, registering for a free trial, subscribing to any paid plan, clicking ‘I Agree’, or otherwise using the Services in any manner, you unconditionally accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF THE PLATFORM. CONTINUED USE OF THE PLATFORM CONSTITUTES ONGOING ACCEPTANCE OF THESE TERMS AND ANY SUBSEQUENT AMENDMENTS.
These Terms apply to all categories of users, including truck owners, fleet operators, transporters, commission agents, logistics managers, dispatchers, and any authorized personnel given access by a Subscriber.
For the purposes of these Terms, the following definitions shall apply:
To access the Platform, you must:
Subscribers must register an account by providing valid business details, a working email address, a phone number, and selecting an appropriate Subscription Plan. Each Subscriber is responsible for all activity that occurs under their account, including actions taken by authorized Users.
You are solely responsible for:
NShine shall not be liable for any loss or damage arising from your failure to maintain account security.
You agree to maintain accurate, complete, and updated registration details at all times. Providing false or misleading information constitutes a material breach of these Terms and may result in immediate account suspension or termination.
NShine offers a seven (7)-day free trial to new Subscribers to evaluate the Platform. The following conditions apply to the free trial:
NShine offers the following annual Subscription Plans (subject to revision). Prices are exclusive of Goods and Services Tax (GST) and other applicable taxes:
Refer to Website (https://nshineerp.com/in/) for Pricing Plans.
All Subscription Fees are exclusive of GST (currently 18%) and any other applicable central, state, or local taxes, which shall be payable by the Subscriber in addition to the Subscription Fee. NShine will issue a valid GST invoice for each transaction.
All Subscription Fees are exclusive of GST (currently 18%) and any other applicable central, state, or local taxes, which shall be payable by the Subscriber in addition to the Subscription Fee. NShine will issue a valid GST invoice for each transaction.
Except as expressly provided under the Cancellation & Refund Policy published at https://nshineerp.com/cancellation-refund-policy/ or as required by mandatory provisions of applicable law, all Subscription Fees paid are non-refundable. This includes situations where:
Subscribers may upgrade to a higher plan at any time. The upgrade will be effective upon receipt of the additional fee (pro-rated for the remaining subscription period, or as otherwise notified). Downgrades shall take effect at the start of the next subscription renewal period.
Subject to these Terms and timely payment of applicable fees, NShine grants the Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for the Subscriber’s internal business operations during the subscription period.
The Subscriber and its Users must NOT:
All rights in and to the Platform not expressly granted in this Agreement are reserved by NShine. No implied licences are granted hereunder.
The Platform, including all software, source code, object code, algorithms, databases, user interfaces, designs, graphics, logos, trademarks, trade names (including ‘NShine’, ‘NShine ERP’, ‘NShine Technologies’), content, reports, templates, and all other proprietary elements, is the exclusive property of NShine Technologies Pvt Ltd, and is protected under the Indian Copyright Act, 1957; the Trade Marks Act, 1999; the
Information Technology Act, 2000; the Patents Act, 1970; and other applicable Intellectual Property Laws of India and international conventions.
Any unauthorized use, reproduction, duplication, copying, sale, resale, access, or exploitation of the Platform or any part thereof is expressly prohibited and may attract civil and criminal liability.
The Subscriber retains ownership of all Data inputted into or created through the Platform by the Subscriber and its Users. NShine does not claim any ownership over Subscriber Data. However, the Subscriber grants NShine a limited, worldwide, royalty-free licence to access, process, store, and use Subscriber Data solely to the extent necessary to provide the Services, maintain the Platform, and comply with legal
obligations.
Customization’s made to the software are for your use within the platform. These customization’s do not entitle you to ownership or access to the underlying source code. All rights to the source code and any derivative works are retained by the company.
If the Subscriber or any User provides suggestions, ideas, recommendations, corrections, or other feedback regarding the Platform (‘Feedback’), NShine shall own all rights, title, and interest in such Feedback and may use it without restriction or compensation to the provider. The Subscriber waives any moral rights in such Feedback.
You may not use NShine’s trademarks, logos, or brand names in any manner without prior written consent. Unauthorized use of NShine’s marks may constitute trademark infringement and passing off under Indian law.
The collection, processing, and storage of personal data in connection with the Services is governed by NShine’s Privacy Policy available at https://nshineerp.com/privacy- policy/, which forms an integral part of these Terms.
The Subscriber is solely responsible for:
NShine employs industry-standard security measures, including encrypted data transmission (SSL/TLS), access controls, and regular security audits, to protect Subscriber Data. However, NShine does not guarantee absolute security and shall not be liable for security breaches attributable to the Subscriber’s own negligence, compromised credentials, or third-party attacks beyond NShine’s reasonable control.
We take the protection and security of your data seriously.
The Platform must be used exclusively for lawful transport business operations. The following uses are expressly prohibited:
NShine reserves the right to monitor Platform usage (within the bounds of applicable law and its Privacy Policy) to detect and prevent violations of this Acceptable Use Policy. Violation of this policy constitutes a material breach of these Terms and may result in immediate suspension or termination without refund.
NShine endeavours to maintain Platform availability of at least 99% per calendar month (excluding scheduled maintenance windows and Force Majeure Events). However, NShine does not guarantee uninterrupted, error-free, or continuous access to the Platform.
NShine may perform scheduled maintenance activities that temporarily affect Platform availability. NShine will endeavour to provide advance notice of at least 24 hours via email or in-Platform notification. Maintenance is typically scheduled during off-peak hours (late night or early morning, IST) to minimise business disruption.
In the event of unplanned outages attributable to NShine’s infrastructure, NShine will use commercially reasonable efforts to restore service promptly. Downtime credits are not applicable unless expressly agreed in a separate Service Level Agreement.
The Platform may rely on third-party cloud infrastructure, payment gateways, SMS/email providers, and other services. NShine shall not be liable for outages, data loss, or service disruptions caused by these third-party providers.
We may offer beta or experimental features. These are provided “as is” with no
warranty and may be modified or discontinued at any time. Use of beta features is at
your own risk.
Each party agrees to keep confidential all Confidential Information received from the other party and to use it solely for the purposes of performing obligations under these Terms. Each party shall protect the other’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event
less than reasonable care.
The Subscriber acknowledges that the Platform, its design, architecture, pricing models, roadmaps, and business strategies constitute trade secrets and proprietary Confidential Information of NShine. The Subscriber shall not disclose this information to any competitor or third party without NShine’s prior written consent.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known without breach of this Agreement; (b) was rightfully known to the receiving party prior to disclosure; (c) is rightfully received from a third party without restriction; or (d) is required to be disclosed by law, court order, or regulatory authority (in which case the disclosing party shall provide reasonable prior notice where legally permissible).
The platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NShine does not warrant that:
To the maximum extent permitted by applicable law, NShine’s aggregate liability to you for any claim arising out of or in connection with these Terms or the platform shall not exceed the total subscription fees actually paid by you to NShine in the three (3) months immediately preceding the event giving rise to the claim.
NShine shall not, under any circumstances, be liable for any:
Even if NShine has been advised of the possibility of such losses.
The Subscriber agrees to indemnify, defend, and hold harmless NShine Technologies
Pvt Ltd, its directors, officers, employees, agents, partners, licensors, and successors
from and against any and all claims, liabilities, damages, losses, costs, including
reasonable legal fees, and expenses arising out of or related to:
The Platform may integrate with or provide links to third-party services, websites, or content (e.g., payment gateways, SMS providers, GPS integrations, government portals). NShine:
The Subscriber’s use of third-party services integrated with the Platform is governed by the respective third party’s terms and conditions and privacy policies. The Subscriber is solely responsible for reviewing and complying with those terms.
NShine may offer a referral programme at https://nshineerp.com/refer-and-earn/. The following conditions apply:
These Terms commence on the date you first access the Platform or accept these Terms (whichever is earlier) and continue for the duration of the active subscription period and any renewals, unless earlier terminated.
The Subscriber may terminate the subscription by providing written notice to NShine at least 30 days before the subscription renewal date. Termination shall take effect at the end of the then-current subscription period. No refund shall be provided for unused periods.
NShine may, at its sole discretion, immediately suspend or terminate the Subscriber’s access to the Platform – with or without prior notice – upon the occurrence of any of the following:
Upon termination:
NShine reserves the right to modify, enhance, suspend, or discontinue any feature, module, or aspect of the Platform at any time, with or without notice. NShine shall not be liable to any Subscriber or User for any such modification, suspension, or discontinuation.
NShine reserves the right to amend these Terms at any time. The revised Terms will be posted on the Platform and/or communicated to Subscribers via registered email. The effective date of the revised Terms will be clearly indicated.
Your continued use of the Platform following the effective date of any amendment constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must discontinue use and notify NShine of your intent to terminate the subscription.
NShine shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by a Force Majeure Event, including but not limited to: acts of God, flood, fire, earthquake, epidemic, pandemic, war, terrorist attack, government action or restriction, internet or telecommunications infrastructure failure, or any other circumstance beyond NShine’s reasonable control.
In the event of a Force Majeure Event, NShine will notify affected Subscribers as soon as reasonably practicable and will use commercially reasonable efforts to resume normal service delivery at the earliest opportunity.
These Terms shall be governed by and construed exclusively in accordance with the laws of India, without regard to its conflict of law provisions. For avoidance of doubt, the laws of the State of Telangana shall apply in respect of matters relating to NShine’s registered operations.
In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Services, the parties agree to first attempt to resolve the matter amicably by good-faith negotiation for a period of thirty (30) days following written notice of the dispute by the aggrieved party.
If the dispute is not resolved through negotiation within the 30-day period, it shall be finally settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties, or if no agreement is reached, appointed in accordance with the provisions of the said Act. The seat and venue of arbitration shall be Hyderabad, Telangana, India. The language of arbitration proceedings shall be English.
Subject to the arbitration clause, the courts of competent jurisdiction at Hyderabad, Telangana, India, shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms that are not subject to arbitration.
Nothing in these Terms shall deprive a Subscriber who qualifies as a ‘consumer’ under the Consumer Protection Act, 2019, of their statutory rights to approach the appropriate consumer forum.
The Subscriber shall, at all times, use the Platform in compliance with all applicable laws and regulations, including but not t limited to:
NShine shall not be held responsible for any non-compliance by the Subscriber with applicable laws, nor for penalties, fines, or enforcement actions imposed on the Subscriber by any regulatory authority.
All notices, requests, demands, and communications under these Terms shall be in writing and delivered by: (a) email to the registered email address of the Subscriber (for notices from NShine) or to [email protected] (for notices to NShine); (b) registered post to NShine Technologies Pvt Ltd, Hyderabad, Telangana, India; or (c) through official in-Platform notification. Notices shall be deemed delivered upon actual receipt or, in the case of email, upon transmission (provided no bounce-back is received).
These Terms, together with the Privacy Policy, Cancellation & Refund Policy, Shipping Policy, and any other policies or agreements referenced herein, constitute the entire agreement between NShine and the Subscriber with respect to the subject matter hereof and supersede all prior negotiations, representations, warranties, or agreements.
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No failure or delay by NShine in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. Any waiver must be in writing and signed by an authorised representative of NShine.
The Subscriber may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of NShine. NShine may freely assign these Terms or any rights hereunder to any affiliate, successor, or in connection with a merger, acquisition, or sale of substantially all of its assets.
Nothing in these Terms shall create or be construed as creating a partnership, joint venture, agency, employment, or fiduciary relationship between NShine and the Subscriber. The Subscriber and NShine are independent contractors.
These Terms are drafted in the English language. In the event of any conflict or inconsistency with any translation, the English version shall prevail.
The section headings in these Terms are for convenience of reference only and shall not affect the interpretation of any provision.
For any questions, concerns, complaints, or notices regarding these Terms or the Services, please reach out to NShine through the e following channels:
| [email protected] | |
| Helpline | +91 800-891-4488 (Available 24/7) |
| +91 799-5094-455 | |
| Website | https://nshineerp.com/contact/ |
| Address | NShine Technologies Pvt. Ltd., Hyderabad, Telangana, India |
BY ACCESSING OR USING THE NSHINE ERP PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.