loder
image
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

The internet resource https://www.utraini.com/ (hereinafter referred to as “Website”) and the mobile application UTRAINI (the “Application”), hereinafter collectively referred to as the “Platform”  is owned by utraini, registered under the Limited Liability Partnership Act, 2008, as amended, and having its registered office at gumaniwala Rishikesh

The Platform facilitates the provision of services offered by Vendors and is an intermediary (“Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing, downloading, or using the UTRAINI Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, kindly discontinue usage of the Platform.

Definitions

“Content” refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.

“Registration Data” refers to the mandatory and optional data that is submitted by Vendors to use the Platform and/or avail the Services.

“Terms”, “Terms and conditions”, “Policy”, etc., shall mean the entire Terms of Use and all parallel policies that apply for the use of our Platform or availing our Services.

“Third Party” refers to any person other than the “User” or “Vendor”.

“Users” refers to the third-party users of the Platform that may avail Vendor services.

“User Content” refers to the content made available by any User through the Platform.

“We”, “Us”, “Our”, “UTRAINI” shall mean the Company.

“You”, “Your”, “User” refers to the natural or legal person who has gained access to the Platform by as a Vendor or by providing Registration Data while registering on the Platform as a Vendor.

“Your Content” refers to any content submitted by way of registration or in connection with use of the Platform or for availing Services, including but not limited to the content submitted for the purpose of sale of any services displayed on / through the Platform.

General Platform Terms

By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with us.

These Terms, along with the others found on our Platform, include our policy for acceptable use of the Platform, its content, the content posted on the Platform, your rights, your obligations, as well as restrictions regarding your use of the Platform.

We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.

So long as you comply with these Terms, the Company grants you a non-exclusive, non-transferable, limited right to enter, view and use this Platform and/or avail Services.

Eligibility

You must be of legal age to enter into a binding agreement in order to accept the Terms. In case you desire to provide services through the Platform, you must be validly incorporated/registered under all applicable laws, have obtained Goods and Services Tax registration, have obtained Professional Tax registration, have procured Shops and Establishment License, and be in compliance with all applicable laws, including relevant labour laws.

Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, you are not eligible to avail the Services or provide your services through the Platform. The use of the Platform is limited to Vendors doing business in India.

Notwithstanding the aforementioned, the minimum age of Vendors and all its personnel shall be 18 years.

Registration as a Vendor

1.         The browsing of the Platform is available to all, including unregistered Users.

2.         To sell your services through the Platform you will need to be a registered Vendor.

3.         To become a registered Vendor, you must be eligible, and will be required to provide Registration Data. You represent and warrant that all information you supply to us, about yourself, and others, including Registration Data, is true and accurate.

4.         If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform with immediate effect for an indefinite period or permanently terminate your account with immediate effect.

5.         By providing Registration Data, you agree to undergo a Registration Data verification process. We may use Third-Party services for the aforesaid verification process and you hereby agree and accept to be bound by the terms and conditions of such Third-Party.

6.         It is hereby reiterated that all data you provided, including without limitation, Registration Data, shall be subject to the terms set forth in our Privacy Policy, and you represent and warrant that you have the absolute right and authority to provide such data.

Vendor Account Restrictions

You are a restricted user of this Platform.

1.         You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.

2.         You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform are hereby expressly prohibited. You acknowledge and agree that by accessing or using the Platform or Services, you may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Platform. Further, you may report such offensive content.

3.         In places where this Platform allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. You undertake not to host, display, upload, modify, publish, transmit, update, or share any information that:

a)        belongs to another person and to which the user does not have any right;

b)        is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c)         harm minors in any way;

d)        infringes any patent, trademark, copyright or other proprietary rights;

e)        violates any law for the time being in force;

f)          deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g)        impersonates another person;

h)        contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

i)          threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

4.         The Vendor shall not:

a)        Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;

b)        Engage in any activity that interferes with or disrupts access to the Platform or the servers and networks which are connected to the Platform;

c)         Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d)        Upload, distribute, or otherwise make available content that contain viruses, corrupted content, or any software or program that may damage the operation of the Platform or another’s operation of the Platform;

e)        Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the Platform, including any User Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, as provided for by the Platform;

f)          Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform, or any affiliated or linked sites;

g)        Collect or store data about Users or other Vendors in connection with the prohibited conduct and activities set forth in this Section;

h)        Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms or applicable laws, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;

i)          Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

j)          Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

k)         Publish, post, disseminate information that is false, inaccurate, or misleading;

l)          Directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force;

m)       Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers/service providers.

It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.

We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order.

Intermediary Platform

1.         The Platform allows Users to interact with Vendors and purchase Vendor services. We are not a party to any interaction between the Vendor and the User pertaining to the vendor services and take no liability that arises from any such communication.

2.         In the event the Vendor breaches any term of this Agreement, the Company shall have the right, in addition to the specific rights provided herein, to suspend the account of the Vendor for such duration as determined by the Company, or permanently bar the Vendor from the Platform, as determined by the Company, which determination shall be final and binding on the Vendor.

3.         You release and indemnify us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people, or business entities acting under false pretence. We neither guarantee nor take any liability for any action whatsoever by Users/Vendors on this Platform.

DUE TO SOME TECHNICAL ISSUES, TYPOGRAPHICAL OR HUMAN ERRORS, IMAGES, RATINGS, PORTFOLIOS, SERVICES, SERVICE DESCRIPTIONS, VENDOR CONTENT, USER CONTENT, USER CONTENT, USER REQUIREMENTS, TEXT DOCUMENTS AND ANY INFORMATION RELATED TO VENDORS, USERS OR CONTENT MAY BE INCORRECTLY REFLECTED ON THE PLATFORM. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE RELIANCE PLACED ON SUCH INCORRECT INFORMATION.

Company Obligations

1.         The Company shall list on the Platform, the services of the Vendor. The Company may, in its discretion, promote the services of the Vendor, by way of articles, blogs, or other content on the Platform.

2.         In the event the Company desires, it shall have the right, but not the obligation, to create such content relating to the Vendor or its services, as it desires, including without limitation, photographs, videos, interviews, write-ups, descriptions, and interactive pictures.

3.         The Company may collect payments from the User on behalf of the Vendors.

4.         The Company shall periodically generate and provide the Vendor with reports on sale of the services of the Vendor. The report shall contain the details of the orders placed for the Vendor’s services, the sale amounts invoiced, the amounts collected from the Users and any refunds given to the Users as per the relevant policies on the Platform. The Vendor shall not in any manner expect the Company to provide any other information including without limitation any confidential information of the User to the Vendor vide such reports. Such information, confidential and otherwise shall be exclusive proprietary property of the Company.

Vendor Obligations

1.         The Vendor shall, at all times during the term of this Agreement, fully co-operate with the Company, and promptly respond to the requirements of the Company, including those relating to content about the Vendor or its services.

2.         The Vendor shall make available to the Company images, and content related to its services including service descriptions.

3.         In the event the Company decides to generate pictures of the Vendor services, the Vendor shall promptly upon intimation from the Company, arrange for the Company’s representatives to obtain pictures and information about the services, subject to the requirements of the Company.

4.         Every service listed by the Vendor on the Platform shall satisfy the quality parameters set forth by the Company. In the event the services do not do so, the Vendor shall be obligated to improve or upgrade all the relevant services so as to make them in compliance with the relevant quality parameters.

5.         Based on the market analysis conducted by the Company, the Company may make recommendations to the Vendor on specific services. The Vendor shall make its final decision on the services to be displayed on the Platform on the basis of such recommendations. Notwithstanding the foregoing, the Company has the right to refuse to display, or withdraw from the Platform, any service.

6.         The Vendor shall inform the Company of all special offers as well as any discounts that Vendor proposes to give in respect of any of the services not less than 6 days before the commencement of offer.

7.         The Vendor shall, at all times, quote charges for services, including ancillary services such as delivery charges, only in accordance with, and within the parameters set forth, by the Company. The Vendor shall not quote or collect from the User fees beyond the parameters defined by the Company.

8.         Within one hours of an order being made by a User on the Platform the Vendor shall convey the confirmation of the order. In the event the Vendor is unable to confirm / complete the order as a result of lack of manpower, adequately trained personnel, or otherwise, the Vendor shall provide to the Company and the User a list of alternate service providers that may be recommended to the User, and shall procure from such alternate list of service providers, the service desired by the User, at no extra cost to the User or the Company.

9.         After confirmation of the Order, the Vendor may cancel a maximum of 2 requests a day, provided such cancellation is made not less than two hours from the scheduled time for order and the Vendor provides Urbanwale with reasons for cancellation in writing. These reasons will be saved in Vendor’s record for performance analysis.

10.      The Vendor shall not have the right to cancel on-demand job requests or orders.

11.      Notwithstanding the aforementioned, in the event the Vendor is unable to confirm / complete the order or is unable to provide services to the satisfaction of the User, or provides services using unregistered persons, the Vendor shall pay the Company such penalty as determined by the Company. The assessment of the quality of services of the Vendor made by the User and/or the Company shall be binding on the Vendor. The Vendor hereby expressly authorises the Company to deduct from the payments made by the Users to the Vendors, such penalties as applicable

12.      The Vendor hereby expressly agrees that it shall provide the services to the User in a professional, timely, diligent and workmanlike manner in accordance with recognised  industry standards and using registered personnel.

13.      The Vendor will immediately re-perform any services not in compliance with description or quality as displayed on the Platform. For all repair services provided by the Vendor, the Vendor shall provide a money-back guarantee of 48 (Forty-Eight hours) and a service warranty of not less than 15 (Fifteen days), subject to the applicable terms set forth by the Company.

14.      In the event the Vendor is providing delivery services, the Vendor shall provide a 6 (Six) hour money-back guarantee to the User, subject to the applicable terms set forth by the Company.

15.      In the event of any Order cancellation or rescheduling by the User, the Company shall intimate the Vendor of the same, and such order shall stand cancelled or rescheduled. The Vendor hereby agrees and undertakes to ensure that such cancellation or rescheduling shall be accepted by the Vendor.

16.      The Company hereby authorize(s) the Vendor to issue a ‘Proforma Estimated Invoice’ on its behalf to Users placing their order through the Platform, based on the prices and charges listed or as determined by the Vendor, which would be the same price quoted by the Vendor to the User after inspection or review or thereafter.

Vendor Representations and Warranties

The Vendor represents, warrants and covenants that:

1.         it shall carry out its obligations herein with a reasonable standard of care, skill and diligence as maintained by persons providing, on a commercial basis, similar services;

2.         it has employed persons with sufficient expertise, training, skill and experience to render the services in a professional manner, in accordance with the applicable laws;

3.         it has registered with the Company, all the persons that shall be providing services to the Users;

4.         it shall perform on all its personnel, prior to hire, comprehensive background checks (to the extent permitted by law) including previous employment history, criminal record, credit history, reference checks, and any additional industry standard background check requirements;

5.         the services will be performed in a professional, timely, diligent and workmanlike manner in accordance with recognised  industry standards and the Vendor will immediately  re-perform any Services not in compliance with this warranty;

6.         it shall not, directly, or indirectly, either for its own account or as a representative or agent of any third party, solicit, persuade, induce, encourage, or procure to provide services to any User of the Platform during the period of this Agreement and twelve (12) months thereafter;

7.         it shall not, directly, or indirectly, either for its own account or as a representative or agent of any third party, contact or attempt to contact any user of the Platform for personal or commercial reasons (save as authorized by Utraini) during the period of this Agreement and twelve (12) months thereafter;

8.         it understands that any service offered to Users by circumventing Utraini is unlawful and is a punishable offense as per applicable law, including, in particular, the Indian contract Act, 1872;

9.         it is fully authorized and empowered to enter into this Agreement, and that its performance of the obligations under this Agreement shall not violate any agreement between the Vendor and any other person, firm or organization or any law or governmental regulation;

10.      it holds the complete intellectual property rights in the vendor content submitted to the Company;

11.      that the use of the vendor content by the Company shall not infringe upon the rights of any third-party, including intellectual property rights; and that

12.      the Vendor expressly understands and agrees that this agreement does not authorize it to be a representative of the Company or vice-versa, for any purpose whatsoever.

Aadhaar Data Usage

The Vendor hereby expressly provides to the Company, his/her consent towards collection, storage, and sharing of Vendor’s Aadhaar data (including the number, the card, and all data extracted from them) with third-party vendors for background verification or other purposes deemed fit by the Company and with government agencies as requested from the Company.

The Vendor expressly authorises the Company to store his Aadhaar data for the purposes above. The Company shall comply with statutory requirements for collection, storage, and sharing of the aforementioned Aadhaar data.

Compliance with Laws

All Users and Vendors shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999, and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000, as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002, and the rules made there under, Foreign Contribution Regulation Act, 1976, and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Platform.

Communications

By using this Platform, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, text messages, videos, images, and other data from us, and/or Vendors at any time, on the contact information that has been provided by you as part of Registration Data or otherwise.

In the event you avail Services, we may send confirmation, cancellation, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by you or through information about you received from other parties. This consent to be contacted is for purposes that include but are not limited to clarification calls and marketing and promotional calls.

You may also be contacted by service providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by us. The sharing of the information provided by you is governed by the Privacy Policy. You hereby unconditionally consent that such communications via SMS, Chat and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India.

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

Vendor Content

The Vendor hereby grants the Company, a worldwide, royalty free, irrevocable license to use its Intellectual Property, its brand name, logo, and the vendor content provided to the Company or developed by the Company (including descriptions, interviews, write-ups, photographs, and videos).

The Vendor agrees to use any trademark, service mark, trade name or logo of the Company authorised by the Company in a manner that does not cause, is likely to cause or intends to cause confusion about the owner of such marks, names, or logos.

All logos, trademarks, brand names, service marks, domain names, including material, designs, graphics created by and developed by the Company pursuant to this agreement and other distinctive brand features of the Company and its Platform, including the Vendor service descriptions, images, videos, and write-ups are the property of the Company.

Intellectual Property Rights

This Platform and the information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, but excluding Vendor Content and Posted Content is the sole and exclusive property of the Company and/or its licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.

You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the company’s proprietary information.

There are a number of proprietary logos, service marks and trademarks found on this Platform whether owned/used by the Company or any other third party. By displaying them on Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks.

From time to time, the Company may post comments or articles on the Platform. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, amending, or editing such articles. In the event you have an issue with any article so posted, you may report the same via mail and we may look into it. We are under no obligation to remove such articles and the final decision lies with us.

We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.

We give you permission to use the aforementioned content in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever, save as set forth in these Terms. The Company does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by the Company are retained by the Company.

From time to time, our Platform may have external links connected to other websites of Third Parties. We are in no way liable for the information found on the external websites. External websites may have their own policies and we are in no way responsible for any loss or damage cause by them to you. You are advised to use your own discretion in the navigation and use of external websites.

Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE PLATFORM, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS PLATFORM IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT

(I)         YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(II)        MATERIALS OR INFORMATION PROVIDED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

(III)      ANY ERRORS OR DEFECTS IN THE PLATFORM, SERVICES, OR OTHER MATERIALS, WILL BE CORRECTED.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT OR VENDOR CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

 

THE VENDOR UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR SUCH ACTIONS. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

 

WE SHALL NOT BE LIABLE FOR ANY VENDOR SERVICE. WE DO NOT CONTROL ANY OF THE SERVICES OFFERED ON OR THROUGH THE PLATFORM. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE SERVICES OFFERED THROUGH THE PLATFORM.

ANY ADVERTISEMENTS SHOWN ON THE PLATFORM WITH RESPECT TO THE THIRD-PARTY WEBSITES, PRODUCTS, OR SERVICES ARE FOR INFORMATIONAL PURPOSE ONLY.

Indemnification and Limitation of Liability

VENDOR (“INDEMNIFYING PARTY”) WILL INDEMNIFY, DEFEND, AND HOLD THE COMPANY AND ITS AFFILIATES, CLIENTS, USERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, ASSIGNS AND SUCCESSORS HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS OR SUITS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH: (I) THE INDEMNIFYING PARTY’S OR ITS PERSONNEL’S NEGLIGENCE OR WILLFUL MISCONDUCT; (II) INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY; OR (III) INDEMNIFYING PARTY’S OR ITS PERSONNEL’S BREACH OR ALLEGED BREACH OF THE AGREEMENT (INCLUDING BUT NOT LIMITED TO, ANY OF ITS REPRESENTATIONS, WARRANTIES OR OBLIGATIONS CONTAINED IN THIS AGREEMENT) AND/OR INDEMNIFYING PARTY’S OR PERSONNEL’S FAILURE TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU FOREVER RELEASE THE COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM.

In no event shall we, our users, officers, directors, employees, partners or suppliers be liable to vendor, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the platform, services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Application Terms

Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device you have installed the application on:

to retrieve information about the device;
to retrieve information about other applications running on the device the application has been installed on;
to access information about accounts on the device;
to read from, write on, modify, and delete data pertaining to contacts on the device;
to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
to determine your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
to determine your exact location from sources such as, but not limited to GPS;
to access the model number, IMEI number and details about the operating system of the device the application has been installed on, as well as the phone number of the device;
to detect when the device had been switched off and switched on and to identify the status of the device;
to read from, write on, modify, and delete data pertaining to the application on the device’s hard disk and/or external storage;
to read from, write on, modify, and delete data pertaining to Photos / Media / Files on the device’s hard disk and/or external storage;
to access the camera on the device and record photographs and videos;
to access the microphone on the device and record audio;
to access and change the display and sound settings of the device;
to capture audio output;
to interact across users on the device;
to pair with Bluetooth devices;
to run at start-up of the device;
to draw over other apps on the device;
to control vibration of the device; and
to prevent the device from sleeping.


Dispute Resolution

All disputes will attempt to be resolved amicably by mediation or negotiation, failing which they shall be referred to binding arbitration by a Sole Arbitrator. The Sole Arbitrator shall be jointly appointed by the Company and the Vendor. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in rishikesh,dehradun,Uttarakhand and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.

The Courts in rishikesh,dehradun,Uttarakhand shall have the jurisdiction for all suits arising out of or in connection with this Agreement.

Any grievances, issues, queries, complaints, or information that you wish to communicate to us can be addressed to our Grievance officer