PART A: WEBSITE TERMS OF USE

1. Acceptance of Terms

By accessing or using the website www.directwaycargo.com (“our website,” “we,” “us,” or “our”), you agree to comply with and be bound by these Terms and Conditions. If you do not agree, please do not use our website or services.

2. Copyright and Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, software, videos, and trademarks, is the property of Direct Way Cargo Pvt Ltd or its licensors and is protected under Nepalese copyright laws and international treaties.

Direct Way Cargo™, Direct Way Logistics™, and related logos are trademarks of Direct Way Cargo Pvt Ltd. No license to use any of these trademarks is given or implied. Unauthorized use, reproduction, or distribution is strictly prohibited.

3. Authorized Use

You may view, download, and print pages from this website for personal and non-commercial use only, provided that:

• You do not modify the content in any way
• You retain all copyright and proprietary notices
• You do not use any content for commercial purposes without prior written permission from Direct Way Cargo Pvt Ltd

4. Prohibited Activities

You are expressly prohibited from:

• Using this website for any unlawful purpose
• Attempting to gain unauthorized access to our systems or networks
• Transmitting viruses, malware, ransomware, or any harmful code
• Scraping, data mining, extracting, or harvesting content without authorization
• Interfering with the website’s functionality, security, or performance
• Impersonating any person or entity or falsely stating your affiliation

5. Accuracy of Information

While we strive to ensure that all information on this website is accurate, complete, and current, we do not warrant that content is error-free, reliable, or up-to-date. Information may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and update information at any time without prior notice. You should confirm all critical information directly with our office before making decisions based on website content.

6. Viruses and Cybersecurity

Direct Way Cargo makes reasonable efforts to protect this website from viruses, malware, and other malicious code. However, we do not guarantee that the website is entirely virus-free or secure. You are responsible for implementing adequate security measures (such as antivirus software and firewalls) before downloading any content. We are not liable for any damage caused by viruses, cyberattacks, or unauthorized access.

7. Disclaimer of Warranties (Website)

This website and all its content are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by Nepalese law, Direct Way Cargo disclaims all warranties, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, completeness, or timeliness of content
• Uninterrupted or error-free access

No information obtained via our website shall create any warranty not expressly stated in these Terms.

8. Limitation of Liability (Website)

To the extent permitted by law, Direct Way Cargo Pvt Ltd, its affiliates, officers, employees, and agents shall not be liable for any:

• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, data, or business interruption
• Damages arising from the use or inability to use this website
• Damages resulting from unauthorized access to or alteration of your data

In any event, our total liability arising from website use shall not exceed NPR 10,000.

9. User-Generated Content and Feedback

Any comments, suggestions, ideas, feedback, or other content you submit to us through this website (including via contact forms, email, or social media) shall become the exclusive property of Direct Way Cargo. We may use, reproduce, publish, modify, and distribute such content without restriction or compensation to you. We are not obligated to respond to or acknowledge any submissions.

10. Privacy and Data Protection

Direct Way Cargo respects your privacy. Any personal information collected through this website will be handled in accordance with:

• The Privacy Act, 2075 (2018) of Nepal
• Our Privacy Policy, available separately on this website

We collect information (such as name, contact details, and shipment information) only for:

• Service delivery and shipment processing
• Communication with customers
• Legal and regulatory compliance
• Improving our services

We do not sell, rent, or share your data with third parties except as required by law, for service fulfillment, or with your explicit consent.

11. Third-Party Links

This website may contain links to third-party websites, payment gateways, or service providers. Direct Way Cargo does not endorse, control, or assume responsibility for the content, privacy practices, terms, accuracy, or availability of such external sites. You access them at your own risk. We recommend reviewing their terms and privacy policies before using them.

12. Governing Law (Website Terms)

These Website Terms of Use shall be governed by and interpreted in accordance with the laws of Nepal. Any disputes arising from or related to these terms shall be subject to the exclusive jurisdiction of the competent courts in Kathmandu, Nepal.

PART B: OPERATIONAL SHIPPING TERMS AND CONDITIONS

(These terms apply when you book, send, or receive a shipment through Direct Way Cargo Pvt Ltd)

13. Customer’s Responsibility

The sender must provide:

• Accurate and complete shipment details
• Proper and complete export/customs documentation
• Correct declared value of goods
• Secure, durable, and appropriate packaging suitable for international transport

The sender is solely responsible for ensuring compliance with all applicable laws, customs regulations, airline policies, destination country requirements, and Direct Way Cargo policies. Failure to comply may result in delays, penalties, seizure, or legal action.

14. Acceptable and Prohibited Shipments

Acceptable Items:

• Household goods, personal effects, clothing, utensils, books
• Non-perishable food items, ghee, oil, flour, spices (properly packed and sealed)
• Commercially purchased goods with proper invoices
• Documents, gifts, and samples (within applicable limits)

Strictly Prohibited Items:

Category	Examples
Illegal Goods	Narcotics, drugs, controlled substances, psychotropic substances
Dangerous Materials	Weapons, ammunition, explosives, flammable liquids/gases, radioactive materials
Valuables	Cash, currency, bearer bonds, negotiable instruments, precious metals/stones
Restricted Items	Hazardous chemicals, counterfeit goods, pirated materials
Perishable Foods	Fresh meat, meat products, seeds, dairy, fresh fruits/vegetables (without proper docs)
Other	Any item restricted by Nepalese law, customs, airlines, or destination country regulations

15. Right to Refuse Shipments

Direct Way Cargo reserves the right to refuse, reject, or return any shipment that:

• Contains prohibited, restricted, or dangerous items
• Is improperly packed or documented
• Violates any applicable law or regulation
• Poses a safety or security risk

Any costs associated with refusal, rejection, return, or disposal shall be borne by the sender and/or receiver.

16. Payment Terms

All shipments are accepted on a prepaid basis only. Full payment must be received before the shipment is processed, documented, or dispatched.

Accepted Payment Methods:

• Cash (NPR) at our office
• Bank transfer (NPR)
• Online payment (where available)

Failure to make full payment will result in shipment being held, delayed, or returned at the sender’s expense.

17. Currency and Exchange Rate

All rates quoted in Nepalese Rupees (NPR) shall be calculated based on the prevailing exchange rate published by Nepal Rastra Bank (NRB) at the time of booking. Exchange rates fluctuate; the rate at the time of payment shall apply.

18. Weight & Dimension Limits

The customer must ensure that all shipments comply with the following limits:

Destination	Max Weight per Carton
Australia, Canada, New Zealand	20 kg
USA	22 kg
Europe	24 kg
UK	29 kg

• Maximum carton dimensions: Length + (2 × Width) + (2 × Height) ≤ 300 cm
• Dimensional weight calculation: (Length × Width × Height in cm) ÷ 5000
• Billable weight: The greater of actual weight OR dimensional weight
• Shipments exceeding these limits may be refused or subject to additional charges (see Section 26)

19. Limited Liability – Applies to ALL Shipments

IMPORTANT: For ALL shipments, whether insured or not, liability shall be limited to USD 100 per shipment OR the declared invoice value – whichever is LOWER. This applies to all claims including loss, damage, shortage, or delay.

Shipment Type	Insurance Status	Maximum Liability
Personal / Non-Commercial	❌ NOT INSURABLE	USD 100 OR Invoice Value – whichever is LOWER
Commercial (Uninsured)	⚠️ Optional – Not purchased	USD 100 OR Invoice Value – whichever is LOWER
Commercial (Insured)	✅ Insured	Insured amount (subject to policy terms)

20. Insurance

Insurance is optional and must be requested by the customer in writing at the time of booking.

Eligibility:

• ✅ Commercial goods with complete export documentation (commercial invoice, export permit, etc.)
• ❌ Personal goods, non-commercial goods, used household items, clothing, gifts, food items (including meat), branded items, supplements, fragile items, high-value collectibles – NOT INSURABLE

Premium: 2% of declared value (Minimum premium: NPR 1,000)

Arrangement: Can be arranged by the sender (with their own insurer) OR Direct Way Cargo (upon request, with complete documentation)

Important:

• Personal and non-commercial goods are shipped at the owner’s sole risk
• No claim will be accepted for personal, non-commercial, or used household goods
• Insurance does not cover loss, damage, or delay caused by customs seizure, detention, or confiscation

21. High-Value Goods

High-value, collectible, or unusually valuable goods must be declared in advance, shipped as commercial cargo with proper paperwork, and are not covered under standard insurance. Direct Way Cargo reserves the right to refuse high-value shipments or require additional documentation and handling fees.

22. Claims Procedure

To file a valid claim, the customer must submit within 15 days of shipment:

• Original invoice/bill of purchase
• Proof of declared value
• Shipment tracking number
• Photos and/or videos clearly showing damage or loss
• Any other documentation requested by Direct Way Cargo

Fraudulent claims will be subject to legal action.

23. Notice of Damage or Shortage

The receiver must report any damage, shortage, or delivery-related issue within 72 hours of receiving the shipment. Original packaging and damaged goods must be retained and made available for inspection. Failure to report within 72 hours or to retain packaging may invalidate the claim.

24. Customs Compliance & Charges

All shipments are sent on a Delivered Duty Unpaid (DDU) basis unless otherwise agreed in writing. Sender and/or receiver are solely responsible for all customs duties, VAT, clearance fees, storage charges, penalties, and return shipping costs.

Important: Under-declaration, misdeclaration, or false declaration is strictly prohibited and may result in seizure, confiscation, fines, and criminal liability.

25. Responsibility for Consequences

By sending or accepting a shipment through Direct Way Cargo, both sender and receiver acknowledge and accept full responsibility for complying with all applicable shipping, customs, tax, airline, and regulatory requirements. Direct Way Cargo is not liable for any consequences arising from customer non-compliance.

26. Additional Charges

The following additional charges may apply where applicable:

Clause	Charge Type	Description
26.1	Remote Area Pickup/Delivery	Applicable for locations outside standard service zones.
26.2	Fuel Surcharge	Carrier-imposed fuel adjustment fees.
26.3	Address Correction	Charged when an incorrect or incomplete address is provided.
26.4	Customs Clearance & Documentation	Fees related to processing customs formalities.
26.5	TIA Handling Charges	Fees levied by Tribhuvan International Airport.
26.6	Storage	Applicable beyond the free storage period.
26.7	Re-delivery	Charged following a failed delivery attempt.
26.8	Return	Fees for the return of undelivered shipments.
26.9	Oversize Charge	Applied when any package dimension exceeds the carrier’s allowable limit. Thresholds vary by delivery company — typically >100 cm or >120 cm in length, girth, or total size.
26.10	Overweight Charge	Applied when the actual or volumetric weight exceeds the maximum weight limit prescribed for the chosen delivery mode (e.g., air, road, or express).
26.11	Carrier-Imposed Surcharges	Any other fees imposed by airlines or carriers.

Note: All charges are subject to change without prior notice and will be passed through at actuals unless otherwise specified. Customers will be informed of applicable charges at the time of booking whenever possible.

27. Transit Time

Transit times provided are estimates only and not guaranteed. Delays may occur due to customs clearance processes, airline operations, weather conditions, government actions, force majeure events, or circumstances beyond Direct Way Cargo’s control.