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TERMS AND CONDITIONS
Please read these Terms and conditions carefully
before using this Website and/or the Cargozdel App. Your accessing or use of
this Website and/or App and/or completing the registration, as well as your
agreements to use the Services provided by Us confirms your unconditional
1.1Welcome! The Website www.Cargozdel.com (the “Site”)
and our mobile software application “the Cargozdel”) (the “App”) is operated by
M/s Cargodel Infotech Solution Pvt Ltd located at 104, R.G. Trade Tower,
Pitampura, Delhi (“We, Our or Us”) for
Users including anyone who accesses or registers for the Site (together, “User, Users, You or Your”).
The Site and the App are provided to help Users find transport for delivery of
goods. (the “Services”).
AND/OR DELIVERY SERVICES ORDERED THROUGH OUR SITE AND THE APP, INCLUDING
PAYMENT RATES AND CANCELLATION POLICIES SET BY THE TRANSPORTATION PROVIDERS (“TRANSPORTATION
1.3We may in Our sole discretion and at any time, change,
the Additional Terms, and any other terms on the Site for changes prior to use
of the Site. Your continued use of the Site following the posting of changes
constitutes Your acknowledgment and acceptance of, and agreement to, such
changes. We will notify You of any such material changes by posting notice of
the changes on the Site.
ENTIRETY BEFORE USING THIS SITE OR THE APP, AND CHECK IT PERIODICALLY FOR
CHANGES. YOUR USE OF THE SITE IS SUBJECT TO AND CONDITIONED UPON YOUR AGREEMENT
CLICKING A BOX THAT STATES THAT YOU HAVE READ AND AGREE TO THESE TERMS, YOU
SIGNIFY (1) YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF, AND AGREEMENT TO, THESE
ARE 18 YEARS OF AGE OR OLDER.
reasonable and valuable consideration, the receipt and adequacy of which You
hereby acknowledge, and which include, but are not limited to, Your use of the
Site and receipt of data, materials and information available at or through the
Site, the possibility of Our use or display of Your Submissions (as defined
below in Section 13, and the possibility of the publicity and promotion from
Our use or display of Your Submissions.
2.Use of the Site and the App
2.1Users must create an Account to access the Services (“Account”).
Users shall access and use the Site and the App only for personal, non-commercial
purposes, and only as long as they are in compliance with all provisions of the
Agreement. Users shall not use the Site or the App for commercial purposes or
in any way that violates the law or the terms of this Agreement, or harms Us,
or any other person or entity, as determined in Our sole discretion.
2.2You may cease to be a User of the Site or the App at any
time by sending Us written notification via email to firstname.lastname@example.org
or by registered mail to Our address at 104, R.G. Trade Tower, Pitampura, Delhi.
Ceasing to be a User of the Site or the App shall not relieve You of any
payment obligations that You incurred in connection with the Services prior to
2.3We or third parties authorized by Us may from time to
time place commercial content on the Site or on the App. We have no control
over for the accuracy, truthfulness, quality, safety or legal aspects of
content provided by third parties, nor do We endorse, guarantee, or are We
responsible for such content (even if Users receive any benefits related to the
Site or the App in connection with such third party offers). It is User’s
responsibility to understand and accept the terms and payment obligations of
all such content that Users pursue.
2.4Occasionally, the Site and the App may experience
interrupted service, delays or errors. This may be due to a number of reasons
including maintenance that We perform on the Site or the App, as well as
reasons beyond Our control. We will attempt to provide You with prior notice of
any interruptions, delays or errors, but cannot guarantee that such notice will
2.5Minimum hardware and software requirements for use of the
Site and the App may be posted on the Site or the App from time to time.
However, We do not guarantee the access to or performance of the Site or the
App even if Users meet such minimum requirements.
2.6We may, in Our sole discretion and at any time, in any
way, for any reason, change or discontinue any part of the Site, the App or
Services, or impose charges for accessing any or all portions of the Site, the
App or Services, with or without notice to You. We shall not be liable to
You or any third party should We exercise Our right to modify or discontinue
the Site, the App or Services. If You object to any such changes, Your sole
recourse will be to cease accessing the Site, the App or Services. Your continued
access of the Site, App or Services following any such changes shall constitute
Your acknowledgement of and agreement to such changes, and Your satisfaction
with the Site, App or Services as so modified. You agree that We may in Our
sole discretion and at any time, in any way, for any reason, immediately
terminate Your access to the Site, App and Services. YOU ACKNOWLEDGE AND AGREE
THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF
YOUR ACCESS TO THE SITE, APP OR SERVICES. TERMINATION OF YOUR ACCOUNT SHALL IN
NO WAY MODIFY OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH
YOUR USE OF THE SITE, APP OR SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A
3.1To set up an Account, You must provide, among other
things, your name, a functioning e-mail address where You can be reached, a
password of your selection, and a method of payment (collectively, Your “Account
Information“), which You may not transfer to or share with any third
parties. You agree to provide true, accurate, current and complete information
for Your Account and/or Reservations (as defined below). You shall not (a)
register for more than one Account, (b) register for an Account on behalf of a
third party, (c) use any Account other than Your Account, or (d) permit
any third party to use Your Account.
3.2You are solely responsible for all use of Your Account
Information and all Reservations and activities, act or omission of any third
party, including without limitation any act or omission in violation of these
shall notify Us immediately by sending an email to email@example.com if
You become aware that Your Account Information is being used by unauthorised person.
3.3We reserve the right to take any and all action as deemed
necessary or reasonable in Our sole discretion, to ensure the security of the
Site, the App and Your Account, including without limitation terminating Your
Account, changing Your password, or requesting additional information to
authorize transactions on Your Account.
4.1While We do not charge fees to use the Site, the App or
Services, We may charge fees for certain auxiliary services (such as making a
Reservation by telephone, or selecting premium options for Your Services). Any
rates or fees presented to You via the Site, App or Service when searching or
making a Reservation for Services are estimates only (“Fee Estimates”)
and provided solely for convenience. Fee Estimates shall not constitute a
guaranteed or comprehensive price quote and You shall not rely on Fee
Estimates. Fee Estimates may not include additional fees including without
limitation fees for taxes, wait time, gratuity, fees, tolls, additional stops,
changes to the final destination, baggage charges, other additional charges, or
variations in ground conditions that may result in an actual fee (“Actual
Fee”) charged by the Transportation Provider that is higher than the Fee
Estimate. You shall be fully liable for payment of the Actual Fee charged by
the Transportation Provider each time You reserve or receive Services.
the Transportation Rules and any other terms on the Site shall govern any
Reservation for Services You make through the Site, the App or Services or by
phone (a “Reservation“).
5.2You understand and acknowledge that all reservations for commercial
transport made via the Site, the App and/or the Services are being made with
private companies, and that you will be picked up in a For Hire Vehicle that is
part of said companies’ fleets. The App does not provide you with the ability
to reserve rides with “cabs.” We are not liable, and You hereby waive any
claims, causes of action, liabilities or damages arising from claims that We
failed to provide you a reservation for a cab, or that you were not picked up
in a cab.
5.3In the event We or the applicable Transportation Provider
cannot fulfill the Reservation, We will use commercially reasonable efforts to
contact You via the contact information associated with Your Account at the
time of the Booking. You acknowledge and agree that any violation of the Terms
of Use, the Additional Terms, the Transportation Rules or any other terms on
the Site may result in cancellation of Your Reservation (s), in Your being
denied access to any Reservation, or in Your forfeiting any fees You may have
paid for such Reservation(s). You hereby authorize Us to debit Your Account
(via the method of payment associated with Your Account) for any costs We incur
as a result of such violation.
5.4We reserve the right to charge a fee for payments made
through the Site, the App or Services, and the Transportation Provider may also
charge You a Usage fee in connection with Your Reservation and payment through
the Site or Services.
5.5Any information related to the times for Services
(including arrival time of a Transportation Provider and how long a delivery
trip will take) are estimates only (“Time Estimates”) and provided for Your
convenience. Time Estimates shall not constitute a guaranteed or comprehensive
price quote and You shall not rely on Time Estimates. The actual arrival time
and length of Services are subject to factors outside of Our control, including
without limitation weather, traffic, ground conditions and the actions of the
Transportation Provider. We shall not be liable, and You hereby waive any
claim, cause of action, damages, demands or liability against Us, arising from
a failure by a Transportation Provider or its driver either to pick you up or
deliver you to your intended destination in a timely manner, or to timely
deliver any goods.
6.Payment, Receipts and Refunds.
6.1You may pay for any Services through Our Site, the App or
Services or with a credit card or debit card directly, although certain
Transportation Providers require Us to charge for their Services through the
Site, App or Services. To pay for Services through Our Site, App or Services,
You shall provide US with the payment information necessary to process a
Reservation prior to making the Reservation. Your submission of Your payment
information to Us constitutes Your authorization to Us to charge the applicable
fees at Our convenience. You represent that You will not use any credit card,
debit card or other form of payment unless You have all necessary authorization
to do so. If You do not elect to use the payment methods through Our Site, App
or Services, You will be responsible for all fees arising from the Services You
order through Our Site, App or Services.
6.2 At the conclusion
of your ride, you will be provided a receipt upon your request through email.
We reserve the right to issue amended receipts in the event the amount
appearing on the original receipt is inaccurate.
6.3We reserve the right to issue refunds in our discretion.
All refunds shall be in the form of Account credit only. We do not issue cash
refunds or refunds of any kind other than Account credit.
7.1From time to time, We may offer promotions, deals or
discount codes for the Site, App and Services. We may in Our sole discretion
establish, modify, suspend, end, reject or refuse to honor such promotions,
deals or discount codes at any time, with or without notice to You. Promotions,
deals or discount codes are limited to one use per customer. We may post
additional terms regarding promotions, deals or discount codes on the Site or
in the App.
8.Cancellations and No-Shows.
8.1Any cancellations, no-shows or failure to be present to
Transportation Provider’s Transportation Rules. Additionally, certain
Reservations shall have specific cancellation windows and you shall be
responsible for all fees if you fail to show for a Reservation and fail to
cancel the Reservation within the cancellation window. The Transportation Rules
and associated fees may vary by Transportation Provider.
9.1We are not responsible for finding or replacing any
property you may lose in connection with your ride. Please contact
your driver directly. If you need help contacting your driver, you may contact
us at 80-100-79000.
10.1Some banks and credit card companies impose fees
for certain transactions. Such fees are determined solely by your bank or
credit card company and we are not responsible for payment of any such fees. If
you have any questions about these fees or the exchange rate applied to Your Reservation,
please contact your bank or credit card company.
11.1By accessing and using the Site, App or Services
with a mobile device, Your acknowledge and agree that You may receive certain communications
from the Site, App or Services including without limitation SMS, MMS, text
messages, mobile emails, or other electronic communications means, collectively
“Mobile Communications”. By accessing and using the Site, App or Services via
mobile devices, or by using certain mobile features including without
limitation sending or receiving Mobile Communications, You may incur fees from
the provider or carrier of the mobile services that You use (“Carrier“)
and You shall be solely responsible for the payment of such fees.
11.2If You elect to include information about Your
location (including location-related information provided by Your Carrier or
any applications) in Your Account Information, You acknowledge, accept and
agree that (i) such information shall be made available to Transportation
Providers when You make a Reservation for Services; and (ii) We shall not
be responsible for the accuracy of such information or any use of such
information by third parties including without limitation Transportation
12.1You (i) consent to receive communications from us
notices, documents, disclosures, and other communications (“Communications“)
that We provide to You electronically satisfy any legal requirement that such
Communications would satisfy if it were in writing. Your consent to receive
Communications and do business electronically, and Our agreement to do so,
applies to all of Your communications and transactions with Us. The foregoing
does not affect Your non-waivable rights. You may also receive a copy of these
Communications electronically by contacting Us via email at firstname.lastname@example.org.
If You withdraw your consent, from that time forward, You must stop using the
Site and Services. The withdrawal of Your consent will not affect the legal
validity and enforceability of any obligations or any electronic Communications
provided by Us or any business transacted prior to the time You withdraw Your
consent. You shall keep Us informed of any changes in your email address so
that You continue to receive all Communications without interruption.
a)sublicense, sell, assign or otherwise share the Content
b)duplicate any part of the Site, App or any Content
appearing on the Site or the App, for any purpose (except as expressly provided
elsewhere in these Terms);
c)distribute, share, trade or create any derivative works
based on the Site, App, or any of the Content, and you agree that any such use
is NOT “fair use” under provisions of IPR Laws applicable in India;
d)use the Site, App and/or any of the Content for any
public display, public performance, sale or rental, and you hereby agree and
stipulate that any and all such uses are NOT “fair use” under provisions of IPR
Laws applicable in India;
e)post, share, trade or offer for use/viewing/listening to
or transcription copy of any or all of the Content to or through any websites
or service, including, without limitation, through one-click hosting sites,
file locker sites, bit torrent protocol, public or private forums, social
sites, video hosting “tube” sites, or any other similar technology;
f)remove any copyright or other proprietary notices from
any of the Content; or
g)circumvent any encryption or other security tool(s) used
anywhere on the Site or the App.
13.2You acknowledge and agree that the foregoing list
of prohibited uses is exemplary, non-exhaustive, and provided for illustrative
purposes only. You further agree that the use of bots, employees, contractors,
resellers, assigns, or any kind of automated process to copy, download,
hot-link, frame, or otherwise use any Content is prohibited and will in all
instances be considered commercial uses. Any license granted to You will
terminate and be immediately revoked upon Your use of any Content in violation
of this Section.
14.Rules of Conduct.
14.1In connection with Your use of the Site, its
Content, and any and all submissions, You agree to abide by all applicable
local, state, national and international laws and regulations and not, nor
allow or facilitate others, to violate or infringe any rights (including, but
not limited to, copyrights, rights of publicity or privacy, confidentiality and
trademarks rights) of others, Our policies or the operational or security
mechanisms of the Site. Without limiting the foregoing You shall NOT:
i.Use the Site or App (including, but not limited to, any
Public Forums (as defined below) or other communication systems provided by the
Site or App) or any of its Content, including, but not limited to, Your or
other Users’ User Submissions, to promote, conduct, or contribute to activities
that in Our sole discretion are profane, defamatory, infringing, fraudulent,
obscene, pornographic, indecent, commercial, inappropriate or illegal,
including, but not limited to, pyramid schemes, surveys, contests, chain
letters, gambling, junk e-mail, spamming, promoting hatred towards any group of
people or conduct that can reasonably be expected to harm others.
ii.Use the Site or App in any manner which could damage,
disable, overburden, or impair the Site or App, or interfere with the access,
use or enjoyment of this Site of App by others, including, but not limited to,
causing greater demand on the Site or App than is deemed reasonable by Us,
attacks such as “flaming” other Users in a manner that might incite or
perpetuate a conflict or argument, creating Usernames to attack other Users’
iii.Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others.
iv.Harvest or otherwise collect PII about another User
through the Site or App (including, but not limited to, email addresses).
v.Copy, modify, distribute, transmit, publicly display,
publicly perform or create derivative works of any portion of the Site, App, or
any of theirs Content.
vi.Obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
Site or the App.
vii.Frame, hyper-link, or otherwise interfere with or in any
manner disrupt, circumvent, overburden or compromise any part of the Site or
App, their Content, or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the Site, App or Content.
viii.Decompile, disassemble, reverse engineer or otherwise
attempt to discover any source code or underlying ideas or algorithms of the
Site, App or their Content except if and to the extent permitted by applicable
ix.Use any robot, spider, other automated device or any
tool-bar, Web-bar, other Web-client, device, software, routine or manual
process, to monitor or scrape information from the Site of App, or bypass any
robot exclusion request (on headers or anywhere else on the Site of the App).
x.Use any meta tags or any other “hidden text” utilizing
any Content or intellectual property rights owned by, or licensed to, or by,
xi.Access or attempt to access any other of Our systems,
programs or data that are not made available by Us for public Use.
xii.Create or provide any other means through which the Site
or App may be accessed, for example, through server emulators, whether for
profit or not.
14.2We cannot and do not assure that other Users comply
with this Agreement, and Users assume all risk of harm or injury resulting from
any such lack of compliance.
15Public Communications and Forums.
15.1The Site and the App may enable Users to interact
directly with other Users, such as by sending public or pre-defined private
messages and posting comments in chat rooms, bulletin board services, news
groups, communities, personal Web pages, calendars, and /or other message or
communication facilities and forums designed to enable Users to communicate
with the public at large or with other Users (“Public Forums”). Use of
the Public Forums is permitted only for non-commercial purposes and subject to
the terms of the Agreement. You agree to use the Public Forums only to submit,
send and receive messages and material that are proper and related to the
purpose of this Site and the App.
15.2Users are solely responsible for the submissions
they make, and the consequences thereof, on or through the App, the Site and
its Public Forums. We do not endorse, guarantee, nor are We responsible for the
information, opinions, or recommendations submitted by any User in any Public
Forum or otherwise in connection with the Site or App and expressly disclaim
any all liability in connection therewith.
15.3Although We are investing efforts in ensuring a
safe and pleasant environment, when using the Site or the App You may be
exposed to Submissions by others (a) with which You may disagree, (b) that You
may find offensive, indecent, or objectionable, or (c) which are inaccurate,
misleading or illegal. You expressly assume and agree to bear any and all risks
associated with Your use of, exposure to or reliance on any such Submissions.
You should be skeptical about information provided by others, and You
acknowledge that there is a possibility of use of any Submissions by others,
and that Submissions are made at Your own risk. Never assume that people are
who they say they are, know what they say they know, or are affiliated with
whom they say they are affiliated with. Information obtained in or from Public
Forums may not be reliable, and it is not a good idea to take any action based
solely or largely on information You cannot confirm. We are not responsible for
any Submissions by Users, nor for any actions taken or avoided based on such
Submissions. You waive any legal or equitable rights or remedies You have or
may have against Us with respect to other Users’ Submissions.
15.4Please respect and interact with other Users as You
would in any public arena. Do not reveal any information that You do not want
to make public. WHEN ENGAGING IN PUBLIC FORUMS, DO NOT DISCLOSE PII.
USERS ACKNOWLEDGE THAT PUBLIC FORUMS AND ANY CONTENT OR FEATURES OFFERED
THEREIN ARE FOR PUBLIC COMMUNICATIONS AND USERS HAVE NO EXPECTATION OF PRIVACY
WITH REGARD TO ANY SUBMISSION MADE OR RECEIVED IN A PUBLIC FORUM OR OTHERWISE
IN CONNECTION WITH THE SITE.
15.5We reserve the right but not the obligation to:
·Monitor Public Forums and Submissions.
·Condition access to and use of Public Forums in
accordance with age, geographic or other criteria.
·Review, refuse, remove, modify, store, or otherwise take
any action with respect to Submissions, at Our sole discretion and without
·To the extent permitted by applicable law, identify any
User and/or disclose any Submission or PII to third parties, when We believe
that such identification or disclosure will facilitate compliance with laws or
Users to report to Us any suspected violations of this Agreement or any other
additional terms posted on the Site.
16.1Your use of the Site and Services, and certain
incorporated and made part of this Agreement. By accessing this Site, Users
consent to the collection and use of information as described in Our Privacy
Policy, as may be amended by Us from time to time.
16.2You hereby provide Us with full, irrevocable
authority to provide data concerning Your name, mobile telephone number,
journey and pick-up time to Our pool of Transportation Providers and drivers in
your location. This data will be used to select Your Transportation Provider
from Our pool and will enable the Transportation Provider to pick Your goods at
the chosen location and deliver at Your destination. No other data about You
will be disclosed to the pool of Transportation Providers or Your specific
16.2.1This Site and the App are not directed at children under
the age of eighteen (18) and do not knowingly collect any PII from children
under the age of 18. If a parent or guardian believes that this Site or the App
have collected the PII of a child under the age of 18, please contact Us
at email@example.com or by registered mail to Our address at 104, RG
Trade Tower,Netaji Subhash Place,Delhi - 110034.
16.3You acknowledge and accept that, despite our
efforts, there may be times or situations when your PII is inadvertently
disclosed by Us or by a third party to whom we have disclosed Your PII. You
hereby accept that risk and waive any and all claims, causes of action, damages
and liability against Us in the event of inadvertent or disclosure of PII due
to breach of Our internal controls.
17.Links to Third Party Websites
17.1The Site may contain links and references to
Websites of others. We may, from time to time, at Our sole discretion, add or
remove links to other Websites. These links are provided solely as a
convenience to You, and access to any such Websites is at Your own risk. We do
not review, approve, monitor, endorse, guarantee, warrant, make any
representations with respect to, nor are We responsible for, such Websites. In
no event will We be responsible for the information contained in such Websites,
their practices or for Your use of or inability to Use such Websites or their
services, or transmissions received from such sites. By using the Site, You
expressly relieve Us from any and all liability arising from Your use of any
third-party Website. We encourage Users to read the privacy policies
and other terms and familiarize themselves with the privacy practices of the
other Websites before using their services.
18Links to the Site
18.1Subject to the terms of this Agreement, Users may
display a link to the Site as long as such use is not misleading, illegal or
defamatory, and the linked Website contains no infringing or illegal content.
Users may not suggest that We endorse, guarantee, sponsor, nor in any way are
We responsible for or affiliated with their site, nor tarnish, blur or dilute
the quality of Our trademarks or any associated goodwill.
of all Warranties.
19.1 THE SITE, THE APP AND THEIR CONTENTS AND THE
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
19.2 WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY THAT THE SITE, THE APP OR ITS CONTENT OR THE SERVICES SHALL MEET YOUR
REQUIREMENTS, OR SHALL BE AVAILABLE, UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE,
OR ERROR OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THIS SITE OR ITS CONTENT OR THE SERVICES IN TERMS OF
ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR
OTHERWISE, OR IN CONNECTION WITH USERS’ SUBMISSIONS. SUBJECT TO APPLICABLE LAW,
USERS ASSUME THE ENTIRE COSTS OF ANY AND ALL REPAIR OR CORRECTION. YOUR USE OF
THIS SITE AND ITS CONTENT AND USERS’ SUBMISSIONS IS AT YOUR OWN DISCRETION AND
RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
19.3 YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM
AGAINST US WITH REGARD TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY
SITES (INCLUDING, BUT NOT LIMITED TO, CREDIT CARD INFORMATION AND OTHER PII),
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19.4 WE DO NOT CLAIM OR PROMISE THAT ANY RIDES OR
DELIVERIES ARRANGED USING THE SITE OR THE APP WILL IN FACT OCCUR; THAT DRIVERS
WILL PICK UP GOODS OR DELIVERIES ON TIME OR AT ALL; THAT USERS WILL REACH THEIR
DESTINATION ON TIME, OR AT ALL. THAT USES WILL RECEIVE THEIR DELIVERIES ON
TIME, OR AT ALL. WE ALSO DO NOT MAKE ANY CLAIM OR PROMISE REGARDING THE TIMING,
DURATION, QUALITY OR SAFETY OF THE RIDE. YOU HEREBY AGREE AND ACKNOWLEDGE THAT
WE HAVE MADE NO SUCH CLAIMS OR PROMISES AND THAT WE SHALL NOT BE LIABLE FOR ANY
RESULTING DAMAGES OR LOSSES.
19.5CERTAIN JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
SHALL BE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR ACCOUNT
INFORMATION AND PII, AS WELL AS ALL ACTIVITIES THAT OCCUR UNDER THEIR ACCOUNT.
USERS HEREBY RELEASE, AND ACKNOWLEDGE AND AGREE, AT USERS’ OWN EXPENSE, TO
INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS
FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND,
WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), INCLUDING SETTLEMENT
COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING
ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY’S FEES RELATED IN ANY
WAY TO OR ARISING OUT OF THE USE OF OR ACCESS TO THIS SITE, ITS CONTENT, PII,
USER SUBMISSIONS OR THE SERVICES. USERS SHALL USE THEIR BEST EFFORTS TO
COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
21.Limitation of Liability and Damages Cap
21.1LIMITATION OF LIABILITY AND
EQUITABLE RELIEF. IN NO EVENT SHALL WE, OR ANY OF
OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES,
AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY INJURY, INJURY TO
TO PROPERTY, DEATH, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
OUT OF: (i) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES,
ANY WEBSITES LINKED TO THE SITE OR TO THE APP, OR THE MATERIALS, INFORMATION OR
SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES OR ON THE APP, (ii) ANY CONDUCT
BY OR ON BEHALF OF US THAT CONSTITUTES, OR MAY CONSTITUTE, A CIVIL VIOLATION OF
THE COMPUTER FRAUD AND ABUSE ACT OF 1984 AND AS MAY BE AMENDED FROM TIME TO
TIME, OR (iii) ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, MOBILE DEVICE,
TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR
ACCESS TO, USE OF, OR BROWSING OF THE SITE OR THE APP, OR YOUR DOWNLOADING OF
ANY INFORMATION OR MATERIALS FROM US, WHETHER BASED ON WARRANTY, CONTRACT, TORT
OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. ALL USERS, SUBSCRIBING ORGANIZATIONS (INCLUDING WITHOUT LIMITATION ANY
OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES THEREOF), AND ANY AGENTS,
REPRESENTATIVES OR ASSIGNS THEREOF, HEREBY WAIVE ANY CLAIMS FOR EQUITABLE RELIEF
AGAINST US, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT THE SERVICES OR FOR THE
REASONS SET FORTH IN SUBSECTIONS (i) – (iii) HEREIN, WHETHER OR NOT SUCH
SERVICES WERE USED BY SUCH PERSONS OR ENTITIES.
21.2DAMAGES CAP. IN NO EVENT SHALL WE OR
OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS,
LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND
CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE
SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR
OTHERWISE) EXCEED RUPEES ONE THOUSAND (`1,000/-)
21.3REFERENCE SITES AND
THIRD-PARTY APPLICATIONS. THE LIMITATIONS ON LIABILITY
AND DAMAGES CAP SET FORTH ABOVE IN THIS PARAGRAPH SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON
ANY REFERENCE SITES AND THIRD PARTY APPLICATIONS OR OTHERWISE BY THIRD PARTIES
OTHER THAN US AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR THE APP,
OR THE SERVICES OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES AND THIRD PARTYAPPLICATIONS.
21.4EFFECT OF STATE LAW. THE LIMITATIONS ON
LIABILITY AND DAMAGES CAP SET FORTH IN THIS PARAGRAPH ARE ENFORCEABLE TO THE
FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. CERTAIN STATE’S LAWS MAY NOT
RECOGNIZE OR OTHERWISE MAY LIMIT SOME OF THE LIMITATIONS OF LIABILITY AND
DAMAGES CAP SET FORTH HEREIN. IF SO, YOU MAY HAVE ADDITIONAL RIGHTS.
22.Basis of the Bargain
ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR SERVICES, SET ITS PRICES AND
ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTIES, THE
LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN; THAT THE
DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET
FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND
US; AND THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND
LIABILITY CAP SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN
YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT BE ABLE TO PROVIDE THE
SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
23.1The Site and the App provide
You with access to a large number of independent Transportation Providers in
your locality. Your contract for the hire of Services is directly with your
Transportation Provider. You agree and acknowledge that We are not liable
to you, and you hereby waive any claims, causes of action, damages or
liabilities, against Us with respect to any claim for injury to person or
property, loss of property, or death, arising from (a) the conduct or
negligence of the Transportation Providers and their drivers, (b) the
manufacture or use of vehicles provided by the Transportation Provider, or (c)
breach of any contract you may have directly with the Transportation Provider
HEREBY RELEASE US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES,
DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM CLAIMS, DEMANDS
ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING,
WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS
EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF THE SITE,
APP, OR SERVICES.
24.Terms and Conditions for use of our Services:
The following Terms &
Conditions shall apply to customers utilising the Services offered by Us for
the hiring of commercial vehicles:
You shall pay the fare (as agreed), parking
charges, additional night surcharge (where applicable) and any fee or levy
presently payable or hereinafter imposed by the law or required to be paid for
availing of the commercial vehicle Services.
You agrees and accepts that the use of the Services
provided by Us is at Your sole risk, and further acknowledges that We disclaims
all representations and warranties of any kind, whether express or implied.
You shall ensure that You will not indulge in any
of the following activities while availing the service:
·Soiling or damaging the body and/or any other interiors
of the commercial vehicle.
·Misusing, soiling or damaging any of the devices
(technical/non-technical) in the commercial vehicle.
·Asking the driver to break any Traffic/RTO/City Police
and/or government rules for any purpose. The driver has the right to refuse
such a request by You. The driver also has the right to refuse such a pick-up.
·Pressurizing the driver to overload truck with the
consignment than the allowed limit.
You shall indemnify Us from and against and in respect
of any or all liabilities, losses, charges and expenses (including legal fees
and costs on a full indemnity basis) claims, demands, actions and proceedings
which We may incur or sustain directly or indirectly from or by any reason of
or in relation to the use or proposed use of the Services by You and shall pay
such sums on demand to Us.
We hereby authorized to use the location based
information provided by any of the telecommunication companies when You uses
the mobile phone to make a booking for commercial vehicle. The location based
information will be used only to facilitate and improve the probability of
locating a vehicle for You.
We shall be entitled to disclose to all companies
within its group, or any government body as so required by the law or by
directive or request from any government body, Your particulars in Our possession
in any way as We, in its absolute discretion, deems fit or if it considers it
in its interests to do so.
We shall be entitled at any time without giving any
reason to terminate the booking of the vehicle done by You.
In case of lost items during the journey, We will
try to locate the items on a "best-effort" basis but is not
responsible for the same in case of loss or damage to the same.
Any complaint in respect of the Services or the use
of the mini-truck, the Customer has to inform Company of the same in writing
within 24hours of using the mini-truck or the Services of Company.
We shall not be liable for any conduct of the
drivers of the vehicle. However, We encourage You to notify it of any
complaints that You may have against the driver that You may have hired using our
We shall be entitled to add to, vary or amend any
or all these terms and conditions at any time and the You shall be bound by such
addition, variation or amendment once such addition, variation or amendment are
incorporated into these terms and conditions at Our Website on the date that We
may indicate that such addition, variation or amendment is to come into effect.
All the calls made to Our call centre are recorded
by the Us for quality and training purposes.
25.1This Agreement will be
governed by and construed in accordance with the laws applicable in Delhi without
regard to choice or conflict of law provisions. You hereby agree that all
disputes arising out of this Agreement shall be heard exclusively in competent courts
located at Delhi, and courts with appellate jurisdiction therefrom. You agree
to submit to the personal jurisdiction of such courts, and further agrees that
venue in Delhi is both proper and convenient. Use of the Site is unauthorized
in any jurisdiction that does not give effect to all provisions of this
Agreement, including, but not limited to, this section.
26.1We make no representation that
the Site, its Content or the Services are appropriate or available for use in
any particular location. Those who choose to access the Site or the Services do
so on their own initiative and are responsible for compliance with all
applicable laws including any applicable local laws.
27.Limitation of Claims
27.1You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
28.Infringement Notices and Takedown
28.1We comply with the Designs and Copyright Act (“DCA”).
We respect the intellectual property of others. If you believe in good faith
that any content on the Site or the App infringes the copyright owned by you or
a third party, please contact our copyright agent, at firstname.lastname@example.org
The notice must contain the following information:
·A physical or electronic signature of the owner, or a
person authorized to act on behalf of the owner, of the copyright that is
·Identification of the copyrighted work allegedly
·Identifying information reasonably sufficient to allow
determination by Us of the location of the material that is allegedly
·Information reasonably sufficient to permit Us to contact
·A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
·A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
28.2The Copyright Agent will only
respond to claims involving alleged copyright infringement. We may give notice
that We have removed or disabled access to certain material by means of a
notice posted on Our Site, an email to a User, or by written communication via
first claim mail to a User. If a User receives such notice, the User may submit
counter-notification in writing to the designated agent. To be effective, the
counter-notification must be a written communication and contain the following
information: (a) the User’s physical or electronic signature; (b) a description
of the material that was removed or to which access was disabled and the
location at which the material appeared on the Site before it was removed or
disabled; (c) a statement under penalty of perjury that the User has a good
faith belief that the material was removed or disabled due to mistake or
misidentification; and (d) the User’s name, physical address and telephone
number, and a state that the User consents to the jurisdiction of a court for
the judicial district in which the User is located, and that the User will
accept service of process from the complainant. Notwithstanding this section,
We reserve the right in Our sole discretion, at any time, to remove content
which appears to infringe the intellectual property rights of another person or
28.3You acknowledge that if you
fail to comply with all of the requirements of this section, your DCA notice
may not be valid. For any questions regarding this procedure, or to submit a
complaint, please contact the representative designated above.
28.4We reserve the right to
terminate any User’s access to the Site or the App if We determine, in Our own
discretion, that the User is a repeat infringer.
29.International Users and International Travel
29.1This Site is controlled,
operated and administered by Us from Our offices within Delhi. If You access
the Site from a location outside Delhi, You are responsible for compliance with
all local laws. You agree that You will not use the Site or any Content
accessed through the Site in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
29.2Some banks and credit card
companies impose fees for international transactions including without
limitation foreign transaction and conversion fees. These fees are determined
solely by Your bank or credit card company and We are not responsible for any
such fees. If You have any questions about these fees or the exchange rate
applied to Your Reservation, please contact Your bank or credit card company.
30.1No waiver of any term of the
Agreement shall be deemed a further or continuing waiver of such term or any
other term, and any failure to assert any right or provision under the
Agreement shall not constitute a waiver of such term.
30.2If for any reason a court of
competent jurisdiction finds any provision or portion of this Agreement to be
unenforceable, then such provision or portion shall be construed, as nearly as
possible, to reflect the original provision, and the remainder of the Agreement
will continue in full force and effect.
30.3The Agreement, and any rights
and licenses granted hereunder, may not be transferred or assigned by You, but
may be assigned by Us without restriction.
30.4This Agreement, the Additional
Rules comprise the entire agreement between You and Us, state Our and the
Transportation Providers’ entire liability, and Your exclusive remedy with
respect to the Site and Services, and supersede all prior agreements pertaining
to the subject matter of this Agreement and such terms, rules and policies.
30.5The section titles in the
Agreement are used solely for the convenience and have no legal or contractual
significance. No provision of the Agreement shall be construed against the
owners of this site but rather shall be construed in a neutral and fair manner
as terms entered into by a fully-informed party on a voluntary basis.
30.6The terms of the Agreement,
which by their nature should survive the termination of the Agreement, shall
survive such termination.
30.7The heading references herein
are for convenience purposes only, do not constitute a part of these Terms, and
shall not be deemed to limit or affect any of the provisions hereof.
30.8You agree that no joint
venture, partnership, employment, or agency relationship exists between You and
Us as a result of these Terms or use of the Site, the App or the Services. You
further acknowledge that by submitting User Submissions or other Content, no
confidential, fiduciary, contractually implied or other relationship is created
between you and Us other than pursuant to these Terms.
30.9We may give notice to You by
email, a posting on the Site, or other reasonable means. You must give notice
to Us in writing via email to email@example.com or as otherwise
expressly provided. If You have any questions or concerns about our Site,
Services or your Reservation, or any other questions, You may contact Us via
email to firstname.lastname@example.org.
·Tip and tolls may apply
·Tolls incurred on the way to pick up or during your ride