User/Driver restrictions
This document contains terms and conditions (“Terms of Services”) as an electronic
record pursuant to the provisions of the Information Technology Act, 2000, (“IT Act”),
and rules made thereunder. Further, this electronic record is generated by a computer
system and does not require any physical or digital signatures. This electronic record
is published in accordance with the relevant provisions of the IT Act and rules made
thereunder.
Aadhatrip application / website (the “Website”) is owned, managed and operated by
Sarvejana IT Solutions Private Limited, a private limited company incorporated under
the provisions of the Companies Act, 2013 and having its registered office at H No 5-
97, Lingannapet, MDL, Gambiraopet, Karimnagar, Telangana India 505304
(hereinafter collectively referred to as “AADHATRIP” or “us” or “we”).
For the purpose of these Terms of Service hereinabove, wherever the context so
requires, the terms You”, you”, “Your”, your”, or User/Driver”, shall mean and
includes any person who avails the Services offered through the Website. In the event,
the Service is availed by an entity, the User/Driver shall include all the identified
employees of the User/Driver entity to whom the User/Driver entity enrols on the
Website (“Authorized User”). All such Authorized Users shall be able to avail the
Services in accordance with these Terms of Service.
Please note that the Website provides for various Services pertaining to facilitating the
users to transport their goods from one location to another location and to facilitate
the drivers/transporters to accept the transportation to avoid their empty journeys
after a transport.
GENERAL TERMS
Neither we nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and materials
found or offered on this website for any particular purpose. You acknowledge that
such information and materials may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors to the fullest extent permitted by
law.
Your use of any information or materials on this website is entirely at your own risk,
for which we shall not be liable. It shall be your own responsibility to ensure that any
products, services or information available through this website meet your specific
requirements.
User/Driver shall, in no manner use the data or outcome for any illegal activities or
legally prohibited or objected or opposed activities. User/Driver shall not use the data
for any terrorist activities, anti-national activities or to destroy any rights of natural or
other persons.
Further, User/Driver shall not use the data displayed in this platform for any other
use than for what it is intended, i.e., compare the prices of products for the best
purchase price. The User/Driver is completely at his discretion to make a Purchase
and shall not hold AADHATRIP liable for any purchase User/Driver makes on
AADHATRIP on the basis of available information in the platform.
“The User/Driver shall not host, display, upload, modify, publish, transmit, store,
update or share any information that
(i) belongs to another person and to which the User/Driver does not have
any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s
privacy, including bodily privacy, insulting or harassing on the basis of
gender, libellous, racially or ethnically objectionable, relating or
encouraging money laundering or gambling, or otherwise inconsistent
with or contrary to the laws in force;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or
knowingly and intentionally communicates any information which is
patently false or misleading in nature but may reasonably be perceived as
a fact;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign States, or public order, or causes incitement
to the commission of any cognisable offence or prevents investigation of
any offence or is insulting other nation;
(ix) contains software virus or any other computer code, file or program
designed to interrupt, destroy or limit the functionality of any computer
resource;
(x) is patently false and untrue, and is written or published in any form, with
the intent to mislead or harass a person, entity or agency for financial gain
or to cause any injury to any person.”
CONDITIONS TO USE WEBSITE
For the use and access of the Website and availing the Services on the Website, in any
manner, You must be 18 (eighteen) years of age or older. For this purpose, you agree
that by visiting the Website or accepting these Terms of Services, you represent and
warrant to the AADHATRIP that you are 18 (eighteen) years of age or older, and that
you have the right, authority and capacity to use the Website and avail Services and
agree to and abide by the Terms of Services as provided herein. Please note if the
User/Driver is under 18 years of age, he/she may use or access the Website and avail
the Services on the Website only with the involvement of a parent or a guardian.
However, We reserve the right to deny the use of/ access to and/or exclude from our
Website, any person at our absolute discretion and we also reserve the right to
suspend, revoke or amend your use/membership at our absolute discretion.
User shall have to upload the images of goods to be transported before and after
packing and shall have to give in writing what all goods are to be transported.
Driver/Transporter shall have to upload the images of goods before and after the
transport and shall have to take the confirmation of receipt of goods before leaving.
INDEMNITY
In addition to and not in derogation of, the specific indemnities provided by You to
AADHATRIP under these Terms of Services and/or policies of AADHATRIP, You
agree to indemnify, defend and hold harmless AADHATRIP and its affiliates, officers,
directors, employees, consultants, representatives, shareholders, contractors,
User/Drivers and agents etc. against any and all losses arising out of or in connection
with, any claim, suit, action or other proceeding brought against AADHATRIP / the
Website, to the extent such losses are based on or arising out of or in connection with:
(a) any breach or non-performance of any of the Terms of Services and/ or other terms
and conditions of AADHATRIP / Website with respect to use and access of the
Website and availing of Service(s); (b) truthfulness and correctness of the data and
information provided by the User/Driver at the time of creating an account on the
Website and/ or availing the Service(s); (c) any content posted by the User/Driver on
the Website and User/Driver's use of the Service(s) available on the Website; and/or
(d) breach of any third party rights (including, but not limited to, claims in respect of
defamation, invasion of privacy, or infringement of any other intellectual property
rights).
Transporters/Drivers shall indemnify AADHATRIP from all sorts of claims, liabilities
etc., arising out of any damage to the goods due to any reason, accident to the vehicle
etc.,
User shall indemnify AADHATRIP and the Transporters/ Drivers from all sorts of
claims, liabilities etc., arising out of any wrong goods or goods prohibited under law,
or wrong claim on goods which are not really transported.
User/Drivers shall have to indemnify AADHATRIP if the goods transported are not
reached to the destination or partially not received.
Drivers/Transporters shall not, in any manner transport two users’ goods at one time.
If it is identified to be done, they shall indemnify AADHATRIP from all liabilities,
proceedings, orders, demands etc.,
LIABILITY
In no event shall We, or our officers, directors, employees, partners or suppliers be
liable to you or any third party for any special, incidental, indirect, consequential or
punitive damages whatsoever, including those resulting from loss of use, data or
profits, whether or not foreseeable or whether or not We have been advised of the
possibility of such damages, or based on any theory of liability, including breach of
contract or warranty, negligence or other tortious action, or any other claim arising
out of or in connection with your use of or access of the Website and/or availing of
Service(s).
You release and indemnify AADHATRIP and/or any of its officers and
representatives from any losses, liability or other consequence of any of the actions of
the other User/Drivers of the Website and specifically waive any claims that you may
have in this behalf under any Applicable Law.
In no event shall the total aggregate liability of AADHATRIP to any registered
User/Driver for all damages, losses, and causes of action (whether in contract or tort,
including, but not limited to negligence, strict liability or otherwise) arising from these
Terms of Services or any of your use of the Website exceed an aggregate amount of
the fees paid by the registered User/Driver for the Services availed. We accept no
liability for any errors or omissions on behalf of You.
User/Driver will be responsible for and thus releases AADHATRIP from, any and all
liabilities, losses, claims and damages that may arise out of or in connection with the
disclaimers as mentioned under these Terms of Services and further agrees to hold
harmless and indemnify AADHATRIP in this regard.
The User/Driver understands and agrees that any material and/or data downloaded
through the Website is done entirely at User/Drivers own discretion and risk and the
User/Driver will be solely responsible for any damage to their mobile or loss of data
that results from the download of such material and/or data.
ELECTRONIC COMMUNICATIONS
A) Means of Communication
When you visit AADHATRIP or send emails to us, you are communicating
with us electronically.
B) Consent
By communicating with us, you consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices
on this platform. You agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
C) Copyright Protection
All content included on this platform, such as text, graphics, logos. button
icons, images, audio clips, digital downloads, data compilation, and software
is the property of AADHATRIP or its content suppliers and protected by
the Copyrights Act, 1957 and international copyright laws. The compilation
of all content on this platform is the exclusive property of AADHATRIP
and protected by the Indian and international copyright laws. All software
used on this platform, including its mobile application is the property of
AADHATRIP or its software suppliers and protected by the Indian and
international copyright laws.
TRADEMARKS
D) Protected Graphics
All AADHATRIP graphics, logos, page headers, button icons, scripts, and
service names are trademarks or trade dress of AADHATRIP, or its
subsidiaries. AADHATRIP’s trademarks and trade dress may not be used
in connection with any product or service that is not AADHATRIP’s, in any
manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits AADHATRIP. All other trademarks not
owned by AADHATRIP or its subsidiaries that appear on this platform are
the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by AADHATRIP or its subsidiaries.
DOMAIN
E) You may not create a link to this website from another website or document
without our prior written consent.
PLATFORM POLICIES, MODIFICATION, AND SEVERABILITY
Privacy
You agree that during your use and access of the Program and/or availing of the
Services offered by the Website, you will provide Us with certain information and
other data as mentioned under the Terms of Services which may or may not be
otherwise publicly available. Please note that We respect the privacy and
confidentiality of such data and the provisions pertaining to such private information
and data as provided by you under these Terms of Services, are governed under
AADHATRIP’s privacy policy (“Privacy Policy”) which is available at
https://aadhatrip.in/privacy.html. By using and visiting the Website and availing the
Services or accessing the Program, you agree to the terms and conditions of our
Privacy Policy.
Other Policies
Please review our other policies, including our pricing policies, privacy policies,
return and exchange policies, posted on our platform. These policies also govern your
visit to AADHATRIP. We reserve the right to make changes to our platform, policies,
and these Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and
Services at any time, effective upon posting of an updated version of this Agreement
on the Website. When we do, we will revise the updated date at the bottom of this
page. Continued use of the Website and Services after any such changes shall
constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and
conditions. By accessing and using the Website and Services you agree to be bound
by this Agreement. If you do not agree to abide by the terms of this Agreement, you
are not authorized to access or use the Website and Services.
TERMINATION
You agree that AADHATRIP, in its sole discretion and for any reason whatsoever,
including inter alia, without limitation if you breach these Terms of Services, may
terminate your access to and use of the Website, at any time. You agree that any
termination of your access to the Website and/ or suspension/ termination of your
Account may be affected without prior notice, and in this respect AADHATRIP/ the
Website shall not be liable to you for any such termination. Your right to use the
Website immediately ceases upon termination of your access/use of the Website.
The provisions of these Terms of Services shall continue to apply until terminated by
either of the Party. In case of User/Driver wanting to terminate these Terms of
Services, the User/Driver may do so by: (i) not accessing the Website; and/or (ii)
deleting their account.
We reserve the right to, at any time, and with or without notice, terminate these Terms
of Services against the User/Driver, if:
(i) there is breach of any applicable law or the provisions of these Terms of
Services or the terms of the Privacy Policy, AADHATRIP’s policies or any
other terms, conditions, or policies that may be applicable to the
User/Driver from time to time (or have acted in a manner that clearly
shows that the User/Driver do not intend to, or are unable to, comply with
the same); or
(ii) AADHATRIP is unable to verify or authenticate any information provided
to the Website by the User/Driver;
(iii) We believe, in its sole discretion, that the User/Driver’s actions may cause
legal liability to AADHATRIP, (or any of its affiliates, independent
contractors, service providers, consultants, licensors, agents, and
representatives) or are contrary to the interests of AADHATRIP;
(iv) We are required to do so by law; or
(v) the User/Driver fails to provide (or after providing such consent, later
revoke) the consents necessary or desirable for AADHATRIP to provide
the Services to the User/Driver;
You acknowledge and agree that AADHATRIP may immediately deactivate or delete
your account and all related information and files in your account and/or bar any
further access to such files or the Service(s). Further, you agree that AADHATRIP shall
not be liable to you or any third-party for any termination of your account or denial
of access to the Service(s)/ Website. In the event of termination of your Account by
AADHATRIP due to any of the aforementioned reasons, AADHATRIP shall have the
sole discretion to terminate or cancel any of your past acts without any liability to
AADHATRIP.
AADHATRIP does not permit copyright infringing activities on the Website and
reserves the right to terminate access to the Website and remove all content submitted
by any persons who are found to be infringers. Any suspected fraudulent, abusive, or
illegal activity that may be grounds for termination of your use of the Website may be
referred to appropriate law enforcement authorities. These remedies are in addition
to any other remedies AADHATRIP may have under law, contract and/or equity.
The User/Driver is entitled to terminate this legal relationship, at all times by deletion
of the Account and, thus disabling the use of the Website / Service(s).
APPLICABLE LAW AND DISPUTES
Arbitration and Venue
In the event of any dispute or difference between the parties hereto, the courts in
Hyderabad alone shall have exclusive jurisdiction to try any matter arising between
the parties here-to and accordingly both the parties shall submit to the exclusive
jurisdiction of courts in Hyderabad as mutually decided at that time for this purpose.
Any dispute arising about any aspect of this terms and conditions shall be settled
through mutual consultation and agreement, by the parties to this agreement. In case
a settlement is not arrived at, the dispute/s will come under the purview of the
Arbitration and Conciliation Act, 1996 of India and the area of jurisdiction will be
Hyderabad. The decision of the arbitrator will be final, binding and incontestable and
may be used as a basis for judgment thereon in India or elsewhere. AADHATRIP and
the User/Driver will bear their own costs of the arbitration.
SEVERABILITY
If for any reason, a court of competent jurisdiction finds any provision of these Terms
of Services, or portion thereof, to be unenforceable, that portion shall be enforced to
the maximum extent permissible so as to give effect to the intent of the parties (the
User/Driver and AADHATRIP collectively) as reflected by that provision. The
remainder of the Terms of Services shall continue in full force and effect.
WAIVER
No provision of these Terms of Services shall be deemed to be waived and no breach
excused unless such waiver or consent shall be in writing and signed by
AADHATRIP. Any consent by AADHATRIP to, or a waiver by AADHATRIP of any
breach committed by you, whether expressed or implied, shall not constitute consent
to, waiver of, or excuse for any other different or subsequent breach.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to
contact us concerning any matter relating to it, you may send an email to
aadhatrip@gmail.com.