This legal 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.
This legal document is published under the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of Apnigaddi Application and other integrated systems.
These terms of services apply to all users which use Apnigaddi Application and its integrated systems.
Users in this context shall be the Apnigaddi service partners including its owners, managers and staff members, and actual end-users who use Apnigaddi Application to connect with Transport Service Providers for its transportation needs. By using this Application, clicking the "I accept/ I agree" button, or completing the registration process, you agree and acknowledge that you have reviewed these terms of service, given consent, and accepted this agreement. References in these Terms to "we" or "us" or "Application" or "company" are references to Apnigaddi Application and "you" as user/users of Apnigaddi Application and its integrated systems.
A transport service provider who is a fleet operator, which provides vehicles on hire and is desirous of listing itself and its fleet of vehicles on the Application, to provide transportation services through the Vehicle(s) to the users of App. The transport service provider has represented that the transport service provider fulfills the eligibility criteria and is in compliance with all applicable laws for the provision of transport services through the Application.
A transport service provider who is a driver, desirous of listing himself and his vehicle on the App to provide transportation services through his Vehicle(s) to the users of Portal. The transport service provider has represented that the transport service provider fulfills the eligibility criteria and is in compliance with all applicable laws for the provision of transport services through the Application.
1.Purpose of Apnigaddi
We are an intermediate services provider between customers who want to book transport services and Transport drivers/owners who want to offer services to customers.
All the defined terms in these User Terms will have the meaning assigned to them here below:
2.1 Account – shall mean the account created by the Customer on the Application for availing the services provided by Apnigaddi.
2.2 Applicable Laws – shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal or a court of India.
2.3 Application – shall mean the mobile application “Apnigaddi” updated by Apnigaddi from time to time.
2.4 Convenience Fee/Access Fee – shall mean the fee payable by the owner of the vehicle to Apnigaddi for the services. Convenience Fee shall be chargeable on every booking made through the Application.
2.5 City of Operation – shall mean a city in which the Customers and Drivers/Vehicle owners avail and render the services respectively. For clarity, the services rendered by Driver/Vehicle owner and availed by the Customers shall be in the same city.
2.6 Customer – shall mean a person who has an Account on the Application.
2.7 Driver – shall mean and include such individuals as may be evaluated, appointed and trained by an operator/Vehicle owner associated with us to provide the transportation services on its behalf and person who are registered with Apnigaddi and own such Vehicles with necessary city permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of operation.
2.8 E-Wallet – shall mean a pre-paid instrument, which can be used to make payments.
2.9 Fare – shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by the Driver. The Fare shall be exclusive of all applicable taxes on the fare, if any.
2.10 Force Majeure Event – shall mean any event arising due to any cause beyond the reasonable control of Apnigaddi.
3.1 This Application may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872.
3.2 Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the Application. A minor is not allowed to access or register as a user on the Application.
3.3 In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.
3.4 Apnigaddi advises its users that while accessing this application, they must abide by the related laws. Apnigaddi is not responsible for the possible consequences caused by your behaviour/acts during use of this application.
4.User Agreement & Concent
4.1 The use of Apnigaddi Application and the services provided are subject to the rules and regulations, policies, notices, terms, and conditions outlined in this User Agreement.
4.2 Consent : The contracting parties of this agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.
5.Amendment to User Agreement
5.1 The Company reserves the right to change this Application and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement.
5.2 You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Application and you agree by accessing, browsing, or using the Application that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Application. In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the Application and also at the email address provided by the User to the Company.
5.3 For this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
6.Registration and Communication
6.1.1 You may register with Apnigaddi Application through your Facebook/email account/mobile number. In that case, you permit us to access your Facebook/email/profile details to complete your registration on Application. You are solely responsible for maintaining the secrecy and confidentiality of your login credentials.
6.1.2 You hereby acknowledge and accept that the Application will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The Company, its employees, or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
6.1.3 You shall not use this Application for any other purpose including for subscription other than as mentioned above which are not allowed under applicable law in any manner.
6.1.4 You agree to provide true, accurate, and complete information while registering or for any other purpose when prompted to do so on the Application. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Application to ensure that the information provided by you is true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not under this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Web in any manner whatsoever.
6.2 Electronic Communication: You agree to keep yourself updated with all data, information, and communication about you made available on the App by the Company. You further agree that your use of the App or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you give consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
6.3 Activation e-mail/SMS- For registration and after the registration, the user permits to receive e-mail/SMS.
7.1 (When will services start) However, you agree and acknowledge that the company shall never be held responsible for any delays due to whatsoever reasons. App access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
7.2 The user agrees and acknowledges that the company shall never be held responsible for any problems that may arise during the services delivery due to the internet malfunction/connectivity issues and when the App is closed for maintenance/updating with or without prior notice.
8.User account and security
8.1 To register for the services, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the registration form, including your e-mail address and mobile number.
8.2 You will protect your account and take full responsibility for your own, and a third party, use of your accounts.
8.3 You are solely responsible for all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
9.1 You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
• belongs to another person and to which you do not have any right to
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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; or unlawfully threatening or unlawfully harassing harm minors in any way
• infringes any patent, trademark, copyright, or other proprietary rights or third party's stride secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items
• violates any law for the time being in force
• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
• impersonate another person or use an anonymous proxy
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
• shall not be false, inaccurate, or misleading
• shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing 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;
• may give rise to liability on part of the App or the Company or cause any hindrance (in whole or in part)
9.2 In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the App without any notice and any such violate information that is displayed or submitted on the App can be removed immediately and completely.
9.3 You will also refrain from accessing information or databases in an unauthorized manner from the App or servers where information or databases are kept.
9.4 You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such an attempt is discovered, it will constitute sufficient ground for termination of access to the App and also for taking appropriate legal actions.
9.5 If you choose to provide feedback on the App, which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature, and shall not post defamatory or illegal, or offensive/ obscene contents.
9.6 You undertake not to disclose or distribute any other User's Information to a third party or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
9.7 You shall not place any advertisements on the App in any manner. Further, you shall not use the App to promote any other person's business or interests on the App unless permitted by the Company in writing.
9.8 Obligations Under relevant sections of Indian Cyber Laws:
You agree and acknowledge that:
• You shall not use this App for any purpose that is unlawful and illegal.
• You shall not try to penetrate the App and will not implant any virus, Trojan, worm, spyware, malware, spam, spam, scareware, bots, logic bomb, time bomb, keyloggers, and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to offenses on our App.
• You shall not use this App for publishing or be promoting or transmitting pornographic data or child pornographic details.
9.9 You understand, agree, and acknowledge that you may be held responsible for the above criminal, fraudulent, dishonest, and injurious activities under criminal offenses' sections specified under the Indian Information Technology Act,2000 including any amendments therein based on your IP address and other relevant details.
9.10 You further agree and acknowledge that you may be held responsible under various sections of the Indian Information Technology Act, 2000 including any amendments therein for compensating damages to the company or any other affected party due to business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
10.Payments & Taxes
10.1 Payment plans, payment terms, and Refund policy for users of Apnigaddi Application are defined. However, we reserve the right to amend this payment policy and charges for the services rendered. In case if we amend our payment policy and charge for the service rendered, you will be intimated of the same, and it will be up to you to decide whether or not you will continue with the services offered by us. Such changes are effective as soon as they are posted on the Application/Site.
10.3 The company uses Payment systems as may be authorized by the Reserve Bank of India for collection, refund, and remittance, as the case may be.
10.4 The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system, and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
10.5 The Company reserves the right to introduce new services or modify/upgrade the existing services provided on the App. Additionally, the Company at its sole discretion may introduce new charges for the new or modified/upgraded services provided. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the App and such changes shall automatically become effective immediately after they are posted on the App.
10.6 Appropriation of Payments : Unless otherwise agreed and specified in writing, both the parties agreed to the principle of Appropriation of Payments. In this context, the principle of Appropriation of the payment shall mean that: In the case of default on payment on more than two occasions, the subsequent payment shall be regarded as payment towards the fulfillment of the first debt.
10.7 Payment Plans & Terms :
10.8 Payment Liability :
10.9 Taxes : You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for the avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for, and against any sales, use, gross receipts, excise, franchise, business, or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.
11. Intellectual Property Ownership
11.1 Apnigaddi alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to
• the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering;
• text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
• other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
11.2 These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Apnigaddi.
11.3 You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
12. Third-Party Links
We may choose from time to time to provide links to various third-party links from the App. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party links and are not responsible in any way for the privacy practices, customer service practices, content, or availability of any such website.
Information, reports, videos, blogs, newsletters, and every other feature (Collectively known as "online contents") may be added to and removed from the Service without notice. The Information, reports, videos, blogs, newsletters, and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online content up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and online contents are provided on an 'as-is basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
Reasonable care has been taken to ascertain the accuracy of all contents. Apnigaddi unequivocally states that the contents provided in the App shall not be considered as the authority on that topic/subject. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform App about the same through all available means provided in the App of Apnigaddi along with the justification/solution/reasoning for the correct content proposed by the user. The User undertakes and acknowledges that Apnigaddi shall not be held responsible for any content(s) given that may be/have been proven wrong at a later stage, without recourse through meaningful dialogue with Apnigaddi and providing Apnigaddi an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.
By accepting these User Terms and using the services, you shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, service partners, third parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.
15. Limited Liability Clause
15.1 You agree and acknowledge that in no event shall the Company or its directors, managers, staff members, affiliates, and service providers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the App, the Pay Facility, or any other services under this Agreement.
15.2 Further, you clearly agree and acknowledge that the Company's liability in any circumstance is limited to the number of charges/ fees, if any, paid by you to the Company.
15.3 Here it is clarified that any disputes between Transport Service Provider and End users relating to payments/services shall be governed by Transport Service Provider's policy only.
15.4 You agree and acknowledge that the company being an intermediary shall never be held responsible for such disputes.
15.5 The Company, its associates, affiliates and service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any service, content, information, software, text, graphics, links, or communications provided on or through the use of the App or that the operation of the App or Pay Facility will be error-free and/or uninterrupted. Consequently, the Company being only an intermediary assumes no liability whatsoever for any monetary damages, mental agony, bodily injury, death, accidents, or other damages suffered due to any problems in the services on the part of Transport Service Providers or on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App or Pay Facility.
15.6 Clients are encouraged to take suitable cargo insurance for the protection of the merchandise/item that the clients plan to ship so as to ensure their own advantages.
15.7 The User will guarantee that he/she won't enjoy any of the accompanying exercises while profiting the Service: Soiling or harming the body and add some other insides of the small scale truck/tempo/vehicle. Abusing, dirtying, or harming any of the gadgets (specialized/non-specialized) in the truck/tempo/vehicle.
15.8 Requesting that the driver break any Traffic/RTO/City Police as well as government rules for any reason. The driver has the privilege to decline such a solicitation by the User. The driver likewise has the option to decline such a get.
15.9 Pressurizing the driver to over-burden truck/tempo/vehicle with the transfer than as far as possible. Not unveiling the right substance of merchandise/materials which are to be sent through the Service.
15.10 The User attempts that it has made the announcement of products/materials for the transfer effectively and that there is no data which is disguised at the hour of booking of the Services. The User affirms that all announcements and data gave identifying with the transportation of the transfer will be valid and right. Access to particular Services on this website may be subject to additional or different terms and conditions, as stipulated by Company from time to time. Continuous use of the portal will be an acceptance of these terms and conditions by the users.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your services, and/or refuse to provide you with access to the App or initiate any legal action it may deem fit, particularly in the event:
1. You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms, and conditions made there under which are incorporated herein by reference.
2. Failure of verification or authentication of any information provided by you. No actions, omissions, or decisions taken by the Company shall waive any rights or claims that the Company may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the App or use the App in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
1. All notices given under this agreement shall be in English.
2. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as effective and authoritative.
Both the parties agree and acknowledge that while this Agreement is in force and for a period of Twenty-Four (24) months thereafter, they shall not directly or indirectly solicit or offer employment to any of the other's officers, employees, third-party contractors, and associates who have been involved in or associated with this Agreement without the other's prior written consent. Both the parties clearly understand and agree that Twenty-Four (24) months period is reasonable after considering training and grooming time as well as investments made in human resources by the parties.
19. Confidentiality of Parties
Both parties to the agreement undertake to keep confidential, all information (oral or written) concerning the business and affairs of the other party which has been obtained or received as a result of entering into this agreement. You categorically and specifically agree and acknowledge that all information, communication, and every other material of Social Media shall be kept completely confidential.
20. Termination of services
This Agreement shall commence on the Start Date stated in the activation email/SMS and shall survive till it is terminated by the company by sending a specific e-notice for the same.
If at any time, we have reasonable grounds to believe that the user is not using the App in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the services ordered, we may suspend the provision of the service to the user. You agree and acknowledge that we shall have no obligation to reinstate the Service until the disputed issue(s) has been agreed upon between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage, or inconvenience caused to you by such a suspension of the service. Once the suspension has been lifted and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive and missing data (if any) accumulated during the suspension period. Also, you agree and acknowledge that any restrictions on access rights due to default on your part shall never be termed as denial of service (DoS) contravention.
21. Intermediary Compliance Statement
These Intermediary Guidelines of a compliance statement are in compliance with I.T.Act, 2000, and its rules namely The Information Technology (Intermediary Guidelines) Rules, 2011. This statement applies to all users of Apnigaddi App. By using this App, you agree and acknowledge to be bound by the terms of this statement. References in these Terms to "we" or "us" are references to Apnigaddi and its integrated systems and "you" as users of Apnigaddi App.
The issue of intermediary compliance is extremely crucial for Apnigaddi which is committed to safeguarding the information provided by its users as well as safeguarding the interest of various government agencies.
Terms of statement
2. We at Apnigaddi agree and acknowledge that when required by lawful order, we will provide information or any such assistance to various Government Agencies who are lawfully authorized for investigative, protective, cybersecurity activity. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cybersecurity incidences and punishment of offenses under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance.
3. As per Such rules and regulations, terms and conditions, or user agreement, we hereby inform you not to host, display, upload, modify, publish, transmit, update or share any information that, -
• belongs to another person and to which the user does not have any right to
• is grossly harmful, blasphemous, defamatory, obscene, pornographic including child pornography, paedophilic, libelous, invasive of another's privacy, hateful or racially, ethnically objectionable, dispersing, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatever
• Harms minors in any way
• Infringes any patent, trademark, copyright, or other proprietary rights;
• Violates any law for the time being in force
• Deceives or misleads the address about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• Impersonates another person;
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or is insulting any other nation.
6. We at Apnigaddi agree to share cybersecurity incidents-related information with the Indian Computer Emergency Response Team of India (CERT-IN) as and when requested by an authorized representative of CERT-IN.
7. We at Apnigaddi agree that we shall not knowingly deploy or install or modify the technical configuration of App or become party to any such act which may change or has the potential to change the normal course of operation of the App than what it is supposed to perform thereby circumventing any law for the time being in force. Provided that we may develop, produce, distribute or employ technical means for the sole purpose of performing the acts of securing the App and information contained therein.
8. We declare that our Grievance Team shall redress the complaints within one month from the date of receipt of a complaint.
22. Applicable Law & Jurisdiction
This Agreement shall be governed in accordance with the laws of India and shall be subject to the jurisdiction of the courts at Balangir District, Odisha, India.