“Reizeno” provides technology based services for booking three-wheelers (“Vehicle”) to you and you agree to obtain transportation services offered by third party drivers or vehicle operators (“Service Provider”) by means of the Company’s website and the mobile application “Reizeno” (“Mobile Application”). All the transportation services (“Services”) provided by the Company to you would be by means of your use of the booking platform including services for transmission of parcels. These Terms and Conditions shall govern the relationship between you (the customer) and the Company in the course of provision of Services.
1GENERAL TERMS AND CONDITIONS
1.1. The Company shall take your booking request and forward it to the Service Provider through an app based device operating on GPS-GPRS based device installed in the Vehicle.
1.2. The Service Provider shall have the sole discretion to accept or reject each request for the Service.
1.3. If the Service Provider accepts the booking request made by the Company, the GPS device installed in the Vehicle or on the personal device of the driver of the Vehicle notifies you and provides the information regarding the Service Provider including its name, contact number etc.
1.4. The Company shall make reasonable efforts to bring you in contact with the Service Provider in order to obtain the Service subject to availability of the Service Provider in or around your location at the time of your booking request made to the Company.
1.5. For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Service Provider who shall render the Services to you.
1.6. Even after acceptance of booking, the Service Provider may not reach your pick up location or decide not to render his services. in which event the Company shall not be held liable.
1.7. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled at all times to verify the information that you have provided. You may only access the Services using authorized means.
1.8. The Company shall not be liable if you do not download the correct Mobile Application or visit the appropriate web portal.
1.9. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing services for transmission of parcels.
1.10. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India.
1.11. You will treat the Vehicle drivers with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle;
1.12. The Company is not responsible for the behaviour, actions or inactions of drivers of Vehicles, quality of Vehicle which you may use. Any Contract for the provision of Vehicle is exclusively between you and the driver of the Vehicle and the Company is not a party to the same.
1.13. By using the Mobile Application of the Company, you further agree that:
1.13.1. You will download the Application for your sole, personal use and will not resell it to a third party;
1.13.2. You will not authorize others to use your account;
1.13.3. You will not assign or otherwise transfer your account to any other person or legal entity;
1.13.4. You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
1.13.5. You will not use the Application to cause nuisance, annoyance or inconvenience;
1.13.6. You will not impair the proper operation of the network;
1.13.7. You will not try to harm the Application in any way whatsoever;
1.13.8. You will not copy, or distribute the Application or other Company Content without written permission from the Company;
1.13.9. You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Application;
1.13.10. You will provide the Company with whatever proof of identity we may request;
1.13.11. You will only use an access point or 3G data account (AP) which you are authorized to use;
1.13.12. You will not use the Application with an incompatible or unauthorized device;
1.13.13. If within 24 hours a user creates more than one account on the same device, Reizeno has the right to terminate his/her account;
1.14. The Company reserves the right to immediately terminate your use of the Application should you not comply with the any of the above rules in Clause 1.13.
2PAYMENT FOR SERVICES
2.1. You shall be required to pay charges for the Services used by you either by using the online payment gateway provided in the Mobile Application or by paying cash to the Service Providers.
2.2. The rates of the Services shall be notified on the website and Mobile Application of the Company.
2.3. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the Services.
2.4. You agree that you will pay for all Services you purchase from the Service Provider either by way of credit card or debit card or by cash. In the event the payment cannot be accepted through debit card/credit card/Mobile Application, you shall be required to pay the charges for the Services availed by way of cash.
2.5. Any payment made is non-refundable. At the end of the trip, we will facilitate for you to receive a copy of the invoice from the Company on your registered e-mail account with the Company.
2.6. It is clarified that the term “Trip” includes a trip for transportation of a passenger and/or a trip for transportation of a parcel by the Service Provider.
3.1. The Company has made available, on the Mobile Application and on the website, an option to insure the parcels/goods of the customer to be transported by the Service Provider as per the directions of the customer, at the charges specified by the Company on the website and on the Mobile Application.
3.2. Company will be liable for any damages/loss arising to the goods/parcel of the customer in transit, only if the customer chooses to take such an insurance policy.
3.3. The amount of damages shall be ascertained according to the insurance policy availed by the customer and will be restricted to an amount as declared by the Company from time to time.
3.4. The liability of the Company shall under no circumstances exceed the liability determined as aforesaid.
3.5. The customer will be required to indicate the accurate address for the delivery of the parcel/good and also an accurate return address in case the parcel/good cannot be delivered for any reason whatsoever at the delivery address.
3.6. It is clarified that the transit will commence from the moment the parcel/good is securely handed over to the Service Provider by the customer till the moment the Service Provider arrives at the delivery address or as near to the indicated delivery address as may be possible.
3.7. As soon as the Service Provider arrives at the indicated delivery address, the Company’s liability shall cease in respect of the insurance of the parcel/good.
3.8. In the event the Service Provider is not able to deliver the parcel/good at the indicated address for any reason whatsoever then the Company shall not be liable for any damages arising to the parcel/goods while delivering the parcel/goods at the return address as provided by the customer.
4.1. The information, recommendations provided to you on or through the website, or the Mobile Application is for general information purposes only and does not constitute advice.
4.2. The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that the website and/or application are free of errors, defects, malware and viruses or that the website and/or application are correct, up to date and accurate. The Company shall not be liable for any damage arising from the same.
4.3. The Company shall further not be liable for damages resulting from the use of or the inability to use the website or the application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
4.4. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company’s aggregate liability shall in no event exceed an amount of INR 5,000 for any parcel.
4.5. The quality of the Services requested through the use of the Mobile Application is entirely the responsibility of the Service Provider who ultimately provides such Services to you and the Company is not liable for the same. However, any complaints about the Services provided by the Service Provider should be submitted to the Company by an email as notified from time to time.
5INTELLECTUAL PROPERTY RIGHTS
5.1. The Company is the sole owner and lawful licensee of all the rights to the web site, Mobile Application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Mobile Application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor’s as the case may be.
5.2. All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this Mobile Application and/or website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
5.3. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website or Mobile Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
5.4. All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
5.5. All the contents on this website and/or Mobile Application is copyright of the Company except the third party content and link to third party website on our website and/or Mobile Application.
5.6. Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Mobile Application on a single mobile device that you own or control and to run such copy of the Mobile Application solely for your own personal use.
5.7. You shall not do the following:
5.7.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Mobile Application in any way;
5.7.2. modify or make derivative works based upon the Mobile Application;
5.7.3. create Internet “links” or “frame” or “mirror” any application on any other server or wireless or Internet-based device;
5.7.4. reverse engineer or access the Mobile Application in order to
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Mobile Application, or
- copy any ideas, features, functions or graphics of the Mobile Application, or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Mobile Application.
6THIRD PARTY LINKS
6.1. During the use of the website or the application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the website, the application and are beyond the Company’s control.
6.2. During use of the website and the application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the website or through the application or Service. These links take you off the website, the application and the Service and are beyond the Company’s control. You therefore visit or access these websites entirely at your own risk.
7TERM AND TERMINATION
7.1. The contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Mobile Application installed on your mobile device, tablet or any electronic device capable of using the Mobile Application thus disabling the use by you of the Mobile Application and the Service.
7.2. Company is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these Terms and Conditions, or (b) in the opinion of the Company, misuse of the Mobile Application or the Service.
7.3. The Company is not obliged to give notice of the termination of the contract in advance. After termination the Company will give notice thereof in accordance with these Terms and Conditions.
7.4. Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
8.1. You will indemnify and hold the Company harmless, from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms and Conditions by you.
9GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
9.1. These Terms and Conditions shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
9.2. Subject to the provisions made in Clause 9.3, the Parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.
9.3. All disputes arising out of or in relation to these Terms and Conditions shall be settled amicably by the Parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
9.4. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.
9.4.1. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Bangalore, India.
9.4.2. The award of the arbitral tribunal shall be final and binding.
10.1. You may not assign your rights under these Terms and Conditions without prior written approval of the Company.
11.1. These Terms and Conditions may be amended from time to time and as and when required, at the discretion of the Company.
12.1. If any provision or any part of a provision of these Terms and Conditions is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision shall be severed from these Terms and Conditions and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
13.1. The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to your address on record in Company’s account information.