This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The domain names www.bidshippers.com ("Website" and “Platform”) is owned and operated by Areia Online Solutions Private Limited, (“Company”) and has its registered office at Shop No1, Samarth House, Lane No13, Vidyanagar, Pune 411032 MH, India, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Platform, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
- The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Platform and/or the Company, as the context so requires.
- The term ‘Customer’ shall refer to any person who places an auction to ship or transport any goods on the Website.
- The term ‘Transporter’ shall mean and refer to any User who bids on the Website to transport any shipment of the Customer.
- The term ‘Services’ shall mean the transportation market place and related services facilitated by the Company.
- The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the Users and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements.Â If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Platform.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
To avail the services of the Platform and use of it, registration is required. Users can register them as Transporters/ drivers or Transporters. Transporters are required to register themselves by providing the following information including but not limited to First Name, Last Name, Email Address, Phone Number, Address, PAN, Company and Mobile number. Transporters/ drivers can register with Us on Our Platform by furnishing information including but not limited to First Name, Last Name, Email Address, Phone Number, Address of owner, Name of owner, City, State, Truck number, Truck model, Which city they prefer to go, Capacity of truck, Driver name and Mobile numbers, Bank details (Bank name, Branch, IFSC, Holder name, A/C no.). Additionally, Transporters/drivers who wish to maintain their fleet management on the Platform must furnish the following information:
- Vehicle Registration Number
- Vehicle type
- Maximum load in metric tonnes
- Maximum Volume in Cubic Meters.
- Driver Name
- Driver’s License
After Registration and completion of selection of catergories, The Customer can either select the item or items from bidshippers inventory along with additional options like packing, unpacking, instructions to transporters, item pictures, pick up & delivery location with dates. Upon agreeing the disclaimer, terms & conditions shipment order will be listed in bidshippers.com
4. INFORMATION SUBMITTED
You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. Information may not contain any viruses or other malware that may damage or interfere with our website and mobile application. Furthermore, you may not list any shipment or trip on our site that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize 4plnetwork to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, or lewd.
Furthermore, you expressly represent and warrant the following:
- You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website or;
- You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Platform; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties; whichever is longer.
c) The Parties agree that certain portions of these Terms, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the services offered on the Platform, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 5 hereinabove.
Most content and some of the features on the Platform are made available to visitors free of charge. However, the Company reserves the right to terminate access to certain areas or features of the web site/ mobile application at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the Platform.
By using this Platform, and providing his/her contact information to the Company through the Platform, the User hereby agrees and consents to receiving calls, Autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls/email messages/text messages, the User may send an e-mail to the effect to email@example.com with the subject [Stop Promotions]. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything-contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Platform or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
8. CHARGES AND PAYMENT
The browsing of the Platform by the User is free of cost. The User is required to pay for the Services availed through the Platform at the time of booking of the load. The Transporter and Truck drivers shall be responsible for their price commitment. In case of any damage, loss, theft or pilferage of the goods, the Transporter/ driver shall be responsible for the payment of the above mentioned. The Transporter shall deduct the amount from the freight if there is any damage, loss or wet to the goods carried to destination point by truck driver/ owner.
To process financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail. Payments may be in Cash as well.
The Company reserves the right to amend this no-fee policy for browsing of the Platform charge the User for any or all services offered/rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Platform, and the User shall have the option of declining to avail of the services offered on the Platform. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
9. CANCELLATION POLICY
A “Cancellation” occurs when the User has to cancel after a tender was accepted on the Platform but before any Services are performed. After a bid is accepted and the TruckOwner/driver communicates directly, occasionally one or both of the parties may determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on the Platform will not be performed. When either Party requests a cancellation, the other party will be notified andÂ refunds and other charges will be paid as per the company’s refunds and cancellation policy available at www.bidshippers.com/cancellation.
Customers shall be charged for the cancellations in the event, where the Customer has paid an advance which shall be 10% of the paid amount. Business Customers will have to keep pay security deposit and when there is a cancellation, 5% cancellation charges shall be deducted from the approved amount.
If the approved bid is canceled by the Transporter, the Customer will have to bear the difference amount of the next/closest bid. Any kind of delayed pick up & delayed delivery will be charged at the rate of Rs 500/day which will be adjusted by the Customer at the time of payment. If the shipment goods are found to be different from the shipment order placed by the Customer then, the Transporter has the right to cancel the order or the both parties can agree on new terms and payments.
Refunds will be processed after deducting the necessary charges on the same account from which the payment is made by the respective payment gateway.
10. MODE OF PAYMENT
To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). All Payments shall be collected by the Company, while acting as an agent of the Parties with the sole intent of facilitating the transactions of the Parties. As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
The Company accepts the following modes of payment
- Domestic and Visa Debit cards issued by domestic banks that are part of the Visa, Master card & Amex Card and those which are acceptable by the ESP.
- Visa Debit cards;
- Net banking/Direct Debit payments from select banks in India;
- Bank Draft
- Mobile wallets;
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction.
The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By making any transaction on the site, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Platform/Application, or affiliated Platforms where reference to such affiliated Platforms has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
Transactions on the Platform are secure and protected. Any information entered by the User when transacting on the Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company/Platform in any manner. This information is supplied by the User directly to the relevant payment gateway, which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The Transporter shall be required to dispatch the shipment for every transaction within the time period as provided in the policies to ensure that the shipments are delivered in a timely manner. Further, Transporter and the Customer will solely be responsible for undertaking transit insurance for all the shipments. For avoidance of doubt, The Company will not be responsible for undertaking any insurance(s). The Company disclaims all liabilities arising from the same.
13. USER OBLIGATIONS
- Agrees and accepts that the use of the Services provided by the Company is at the sole risk of the User, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
- Â Accepts that the sole risk is of the User and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
- Agrees and understands that no Hazardous or dangerous goods shall be transported. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances).
- Agrees and understands that Transporter/driver is not an employee of the Company and has no known conflict of interest. Trucks working through bidshippers shall be on one time contract basis for just to deliver the first party goods to the other party, contract with Transporter/driver is finished when truck reaches at the given destination point in the given timeframe.
- Agrees and understands that no illegal items shall be transported.
The User agrees and acknowledges that he/she is a restricted user of this Platform, and that he/she:
- Is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Platform. Any such use / limited use of the Platform will only be allowed with the prior express written permission of the Company. 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 contained on the Platform is expressly prohibited.
- Agrees not to access (or attempt to access) the Platform and/or the materials or services by any means other than through the interface 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform, as detailed in Section 11 herein below. The User acknowledges and agrees that by accessing or using the Platform or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform. The User expressly agrees and acknowledges that the services displayed on the Platform are not owned by the Company/Platform, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Company’s Platform, and that the Company/Platform is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
- In places where the Platform permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/ offensive may be removed from the Platform immediately and without notice, and further that the User’s access to the Platform may also be permanently revoked, at the sole discretion of the Company.
- Further undertakes not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
- Engage in any activity that interferes with or disrupts access to the Platform or the services provided therein (or the servers and networks which are connected to the Platform);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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 under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform;
- Download any file posted/uploaded by another user of the Platform that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
- 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. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Platform, or any other user of the Platform, including any user account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
- 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 Platforms or any affiliated or linked Platforms;
- Collect or store data about other users of the Platform.
- Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party(ies);
- Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Platform;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
- Publish, post, or disseminate information that is false, inaccurate or misleading;
- Directly or indirectly offer, attempt to offer, trade, or attempt to trade, 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.
- Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Platform;
- Engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services not currently displayed on the Platform. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Platform. It shall be a violation of these Terms 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 user of the Platform without the express prior written consent of the Company.
The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
14. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Platform, without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User fails to pay his dues;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other users or to the Platform/Company, at the sole discretion of the Company.
15. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Platform and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfillment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
The User hereby expressly agrees to defend, indemnify and hold harmless the Platform and the Company, its employees, directors, officers, agents and their successors and assigns and against all damages/charges and expenses for which the User may be held liable to pay on account of the any actions, inactions or negligence of the drivers provided by the Company whether in respect of accident, injury to the person or damages to the property of any member of the public or any person or in executing the work or otherwise and against all damages and demands thereof.
In no event shall the Company/Platform be liable to compensate the User 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, and whether or not the Company/Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other torturous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Platform incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
16. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company. The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17. DISCLAIMER OF WARRANTIES AND LIABILITIES
- Except as otherwise expressly stated on the Platform, all services offered on the Platform are offered on an "as is" basis without any warranty whatsoever, either express or implied.
- Â All commercial/contractual terms are offered by and agreed between Transporter and Transporter/driver alone. The commercial/contractual terms include without limitation price, transport costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and after sales services related to Products.
- The Company/Platform makes no representations, express or implied, including without limitation implied warranties of merchantability the Services Provided
- The Platform shall be not be liable if any illegal items are transported by the Users. The Platform disclaims all liability in any such cases. The Company will not liable for any damages caused due to accidents that might have occurred during Transportation of any load.
- The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of service offered by Company or due to the failure of Company to provide Services to the User for any reason whatsoever including but not limited to the User's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
- Unless explicitly provided by the Company, any specific service or deliverable, obtaining sufficient insurance coverage shall be the obligation/option of the User. The Company provides no such insurance coverage to either to the Users. The Company shall not accept any claim/s arising out of such contingencies.
- The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- You agree that the entire risk arising out of Your use of the Services, and any Service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. The Company shall not be responsible financially or otherwise for any injury or damages
- The User agrees and undertakes that he/she is accessing the Platform and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before availing any service listed on the Platform, or accessing/using any information displayed thereon.Â
- The Platform and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Platform.
- The Company/Platform does not guarantee that the functions and services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Platform will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Platform, and that use of such content by the Company/Platform does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Platform by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Platform, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
19. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be at Pune, Maharashtra, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Pune, India shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD / SPAD).
21. MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Feedback: You acknowledge and agree that the Platform is a neutral venue and that all transactions for Services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your Services. As a consequence, you acknowledge that the key component and integrity of the site is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the site, you shall NOT:
- Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
- Post and/or cut and paste and/or copy the content of a member feedback review from the Platform to your own personal or business Platform, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;
- Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other);
- Post or attempt to post, in any manner or by any means, a feedback review on your own account.