Vaahika

TERMS OF USE

CIN No. : U72200DL2015PTC287266

Last Updated on January 31, 2017

This document is an electronic record in terms of the 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.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.vaahika.com

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Welcome to Vaahika.com! We are an online information service provider that helps its users in finding transportation solutions. Vaahika.com and our subsidiaries and affiliates (collectively "Vaahika.com") provide you with access to a variety of services, including but not limited to the www.Vaahika.com website (the "Website") and Vaahika.com's mobile applications and all the products and services available through our website (collectively the "Services"). The Website is owned and operated by Panit Technology Pvt. Ltd., a company incorporated under the laws of India. Panit Technology Pvt. Ltd.’s (Owner of www.vaahika.com) relationship with you in relation to this website and the Service

In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.

Registration and Use

Registration: Vaahika.com may require that you register in order to use some or all of the features and functionalities of the Website. We may, in our sole discretion, permit or deny your registration. Once we permit you to register with the Website, you agree and undertake to access the Website only using the unique username and password, as amended by you from time to time, associated with your registration. You will be solely responsible for maintaining the confidentiality of such password and agree that the password is intended for use solely by you. You understand that for the purpose of effectively using the Website you may be required to provide accurate information including but not limited to your name, address, mobile number, Company details, Identity documents and e-mail id (collectively referred to as “User Content”). You represent that you have all rights required to provide the information that you have provided to the Website, including the User Content and represent that they are true and accurate.

You agree and understand that this Website and the contents are intended for people who are 18 years of age or above. You hereby represent that you are 18 years of age or above and competent to contract within the meaning of section 11 of the Indian Contract Act, 1872.

Be Honest With Us: The information we collect from users of our Services, including during the registration process for our users is detailed in our Privacy Policy. When you create an account, you must provide us with accurate and up-to-date information, for which you are solely responsible. Also, if you are registering as a user, you represent that you are duly authorized to register and by accepting these Terms of Use you bind such underlying business entity to these Terms of Use.

You will be solely responsible for your acts on the Website including those conducted under the username assigned to you. You understand and agree that Vaahika.com may, in our sole discretion, terminate your access to the Website without notice and you waive any right to claim access to the Website or any other claim that you may have. Any data of your usage may be retained or deleted at Vaahika.com’s sole discretion. You agree that the User Content uploaded can be used and viewed by other third parties who access the Website.

By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. By using our Services or by filling out any forms/agreements on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.

All User Content will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.

Permitted Use: You agree that you will use the Website only for the purposes of viewing or listing requests related to transportation requirement such as Household transportation, Personal Vehicle Transport, Parcel Transport and Full/Part truck loads listings or to use the other services provided by Vaahika.com through our Website and mobile applications in accordance with these Terms of Use and all other applicable agreements that you have entered into with Vaahika.com.

You will use the Website and any information available in accordance with all applicable laws and regulations. These Terms of Use are in addition to and not in derogation of any other agreements or terms and conditions agreed upon or entered into by you.

Prohibited Use: In relation to the use and access of the Website its content and features, you agree and undertake not to:

  • Other than when acting as a Transporter or Broker list advertisements related to Transportation fulfillment such as Household transportation, Personal Vehicle Transport, Parcel Transport and Full/Part truck loads listings on the Website, upload, transmit or publish any information on behalf of a third party, including any User content of any person other than you, and more specifically, you will not impersonate another person;
  • Upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;
  • Violate the privacy or publish any personal information of any person except to the extent specifically approved by such person and only to the extent absolutely necessary to fulfill selected transportation services;
  • Upload, transmit or publish any viruses or other malware to corrupt, interrupt, limit, destroy or otherwise impact the Website, Vaahika.com’s computer systems or the computer systems of other users or third party systems;
  • Upload transmit or publish anything which you do not have the rights to or any material which infringes on the intellectual property rights (in whatever form) of any third party;
  • Use the Website in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;
  • Access the Website in any unauthorized manner, including by hacking or using log in credentials of any other user; and
  • Use the Website for any unauthorized marketing purposes or for sending any unsolicited materials.

If any of your actions on the Website or materials posted by you on the Website are flagged as inappropriate, Vaahika.com reserves the right to review such actions or content to determine, in our sole and absolute discretion, whether it violates these Terms of Use. If Vaahika.com removes your content or disables your account and/or access to the Website, you may assume that such removal or disablement was purposeful on the part of Vaahika.com. Vaahika.com may additionally refuse to let you re-register and/or use the features and functionalities of the Website in our sole discretion.

Deal with Us in Good Faith: By creating an account, you agree that you are signing up for Vaahika.com's Services in good faith, and that you mean to use them only for their intended purposes related to goods transportation services.

Security: While Vaahika.com works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately in the event of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.

By using certain of our Services, you agree that Vaahika.com may create a user account for you. You can learn about our policies for data collected via user accounts in our Privacy Policy. Like all our accounts, you may delete it at any time.

Rules about your Data Privacy

Vaahika.com's Privacy Policy Governs Our Collection, Use, and Disclosure of Your Data: Our Privacy Policy governs our collection, use, and disclosure of your personal information and is incorporated into these Terms of Use. Please read it carefully. It describes what information we collect from you and when, how and why we may create an account for you, whom we share your information with and when and how you can opt-out or delete your account. This is important information. By using our Services, you consent to our Privacy Policy.

Rules about Your Content

Your Content Is Your Responsibility: You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other information, content or materials that you post, submit, publish, display or link to through the Services or send to other Vaahika.com users.

Vaahika.com May Choose to Monitor User Content: Vaahika.com does not approve, control, or endorse yours or anyone else's User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.

Be Truthful: You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your service requirements, personal information or otherwise provide content via the Services.

Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading or otherwise harmful.

Do Not Violate Others' Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.

You Grant Vaahika.com a License to Use Your Content: When you provide User Content via our Services, you grant Vaahika.com a royalty-free, perpetual, irrevocable, and fully sub licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for the content you provide to us.

Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to Vaahika.com may be redistributed through the Internet and other media channels, and may be viewed by the general public.

We reserve the right in our sole discretion to edit or remove information or materials provided by you.

Information Provided by Transporters: If you are a Transporter, you agree that you will not claim or submit listings that do not belong to you. When you submit or claim a listing, you hereby agree to abide by the User Terms and Conditions agreed by you.

Vaahika.com User Content Provided to Transporters: If you are a Transporter, you agree that you will not use any information about Vaahika.com users that is transferred to you during your use of Vaahika.com's Website or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with Transportation services. You further agree never to use such information for any illegal or harmful purpose.

Intellectual Property Rights

Vaahika.com is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Vaahika.com, its affiliates or licensor's of Vaahika.com content, as the case may be.

All rights not otherwise claimed under this agreement or by Vaahika.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Vaahika.com does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, 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.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty or guaranty of any kind, express or implied, including, but not limited to warranties of performance, safety of goods transported, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Vaahika.com be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

Vaahika.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.

Trademark

All related icons and logos are trademarks or service marks of Welcome to Vaahika.com! We are an online information service provider that helps its users in finding transportation solutions. Vaahika.com and our subsidiaries and affiliates (collectively "Vaahika.com") provide you with access to a variety of services, including but not limited to the www.Vaahika.com website (the "Website") and Vaahika.com's mobile applications and all the products and services available through our website (collectively the "Services"). The Website is owned and operated by Panit Technology Pvt. Ltd., a company incorporated under the laws of India. Panit Technology Pvt. Ltd. (Owner of Vaahika.com) in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Copyright

All content on this web site is the copyright of Vaahika.com except the third party content and link to third party web site on our website

Systematic retrieval of Vaahika.com content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Vaahika.com is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Vaahika.com Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. Vaahika.com reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Vaahika.com service, or if Vaahika.com believes that user(s) conduct is harmful to the interests of Vaahika.com, its affiliates, or other users, or for any other reason in Vaahika.com sole discretion, with or without cause.

Third-Party Links, Sites, and Services

Our Website and Services may contain links to third-party websites, advertisements, services, special offers, or other events, activities, or content (collectively "Third-Party Materials"). These Third-Party Materials are not under the control of Vaahika.com. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the website or any information contained therein. Vaahika.com is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave Vaahika.com's Website or Services be aware that your activity outside our Website or Services will not be governed by our Terms of Use or other agreements.

Termination

Most content and some of the features on the web site are made available to visitors free of charge. However, Vaahika.com reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Vaahika.com 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 Vaahika.com and/or other visitors to the web site. Vaahika.com reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

Limitation of Liability

IN NO EVENT SHALL Vaahika.com, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF PROPERTY, LOSS OF ASSET OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS, OR OUR SERVICES.

The aggregate liability of Vaahika.com to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of this Website and its contents and functionalities or for any reason related to the operation of the Website, shall not exceed INR 100 (Indian Rupees One Hundred only). In no event shall Vaahika.com be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, loss of property, loss of goods transported, loss of asset, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not we have been advised of the possibility of such damages.

General Terms

Force Majeure: In no event shall Vaahika.com be liable for any acts beyond our control or for any acts of god.

Access: Vaahika.com does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with the laws applicable to you.

E-Platform for Communication: You agree, understand and acknowledge that the website is an online platform that enables you to list, select, choose and use listed transportation services on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Vaahika.com ( Welcome to Vaahika.com! We are an online information service provider that helps its users in finding transportation solutions. Vaahika.com and our subsidiaries and affiliates (collectively "Vaahika.com") provide you with access to a variety of services, including but not limited to the www.Vaahika.com website (the "Website") and Vaahika.com's mobile applications and all the products and services available through our website (collectively the "Services"). The Website is owned and operated by Panit Technology Pvt. Ltd., a company incorporated under the laws of India. Panit Technology Pvt. Ltd.) is only a facilitator and are not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between Shipper (Consignor, Consignee, Consumer, Manufacturer, Trader, Retailer, Wholesaler or Distributor) and the transporter on Vaahika.com

Cancellation/Refund Policy: While availing any of the payment method/s available on the Website, Vaahika.com will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you. All payments made on the Website, including payments made toward load bookings, are non-refundable. In the event payment is deducted from the User's account with non-completion of the booking, the exact amount shall be refunded to the User via the same mode of payment within 7-14 working days. All commercial terms are on a principal-to-principal basis between the Shipper (Consumer, Manufacturer, Trader, Distributor, Wholesaler, any individual or any organization) and the transporter and Vaahika.com payment facility is merely used by the Shipper and the Transporter to facilitate the completion of the transaction. Use of the payment facility shall not render Vaahika.com liable or responsible for the non- completion, non-payment, damage, loss of asset, loss of property, breach of representations and warranties or fraud as regards the projects listed on Vaahika.com Website.

Modification of Vaahika.com Services: Vaahika.com reserves the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. Vaahika.com will not be liable to you or any third party if we exercise this right.

Modification of These Terms: We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Website or Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Website or Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes.

Choice of Law: These Terms of Use are governed by the laws of India. The courts in New Delhi, India shall have exclusive jurisdiction over any claim or matter arising out of these Terms of Use.

No Waiver: Vaahika.com’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights: These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Website or Services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement and Severability: These Terms of Use, the Privacy Policy and any amendments and additional agreements you might enter into with Vaahika.com in connection with our Website or Services, shall constitute the entire agreement between you and Vaahika.com concerning the Website or Services, and shall supersede any prior terms you had with Vaahika.com regarding the Website or Services.

If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the other provisions of these Terms of Use remain in full force and effect.

Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms of Use. Vaahika.com may assign our rights and duties under these Terms without any such assignment being considered a change to the Term of Use and without any notice to you.

Rejected Consignments: If the receiver refuses to accept the goods delivery; we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action

Dangerous Goods/Security

Dangerous Goods: “Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or other national regulations for transport. We do not carry, nor perform other services regarding, goods which are in our sole opinion Dangerous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other services regarding, Dangerous Goods.

Prohibited Items: We do not accept consignments that contain prohibited items.

We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

Notices: Any notices or other communications that you wish to send to Vaahika.com may be addressed to the registered office mentioned below:-

Welcome to Vaahika.com! We are an online information service provider that helps its users in finding transportation solutions. Vaahika.com and our subsidiaries and affiliates (collectively "Vaahika.com") provide you with access to a variety of services, including but not limited to the www.Vaahika.com website (the "Website") and Vaahika.com's mobile applications and all the products and services available through our website (collectively the "Services"). The Website is owned and operated by Panit Technology Pvt. Ltd., a company incorporated under the laws of India.
Panit Technology Pvt. Ltd.
A-16, Lower Ground Floor,
New Rajendra Nagar,
New Delhi – 110060
Email:Info@vaahika.com

Dispute Resolution: Unless you have entered into an additional agreement with Vaahika.com that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and Vaahika.com which cannot be resolved amicably shall be conclusively resolved by a sole arbitrator. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.

Contact Information: If you have any questions or suggestions regarding our Terms of Use, please contact us at info@Vaahika.com .

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Vaahika.com and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data, loss of property, loss of goods or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Vaahika.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Vaahika.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.