Terms of use

Terms of Use

Last updated on 26th June 2020

Thank you for visiting our website,https://test.mark-ai.com and for downloading our mobile application Pidge (“Application”).The Website and the Application are operated under the brand-name ‘Pidge’ and are hereinafter collectively referred to as the “Platforms”. This page (read in conjunction with our Privacy Policy details the terms and conditions on which R-Indventures Private Limited and its affiliates (“Pidge”, “We”, “Us”, “Our”) provide their services (“Services”) on the Platforms (“Terms”).

These Terms become effective on any person accessing or using any of the Platforms or availing the Services offered by Pidge (“User”). For the purposes of these Terms, the term “you” refers to the User, or visitor of the Platforms.

Acceptance of the Terms

Before accessing any of the Platforms, we request you to learn more about us and the Services by visiting the FAQ section. These Terms constitute a legally binding and enforceable agreement between you and Pidge and your use of the Platforms signifies your irrevocable and unconditional acceptance of the Terms.

Registration and Account Information

In order to access the Platform, you need to register on the Platform and open an account by completing the registration process which will also include a verification process. Each registration is for a single individual user only.

By registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription or service updates. Each communication we send to you will contain instructions permitting you to “opt-out” of receiving future communications. Further, if at any time you wish to stop receiving communications from us, please contact us at support@pidge.in. Pidge does not send any promotional messages to unregistered User on telephone numbers registered with the DND National registry.

You shall not disclose your password or account information to any person. You shall notify Pidge immediately of any unauthorized use of your account or any other breach of security. Pidge will not be liable for any unauthorised use of your account and for any loss that you may incur as a result of such unauthorised use. However, you shall continue to be liable to indemnify Pidge for any losses incurred by it either directly or indirectly as a result of the unauthorised use of your account.

Services

The Services constitute a technology platform/mobile based software application through which the User can avail pick-up and delivery service for goods that the User wishes to transport (“Goods”) from a pre-determined pick-up point (“Pick-up Point”) to a pre-determined drop-off point (“Drop Point”) to the person as identified by the User. The User may choose to be the person sending the Goods or could identify such other person who will be the sender of the Goods (“Sender”) or be the recipient of such Goods or could identify such other person who will be the recipient of the Goods (“Recipient”), as the case may be.

Pidge will assign a delivery person for providing these Services to you (“Rider”). The Rider will collect the Goods from the Sender at the Pick-up Point and deliver them to the Recipient at the Drop Point. In case either of the Pick-up Point or the Drop Point is beyond the radius of operation of Pidge, the User will be notified of Pidge’s inability to provide the Services prior to placing any request for delivery.

The Rider will, while collecting the Goods from the Sender at the Pick-up Point, hand over a tamper-proof bag to the Sender. The Sender shall, and the User shall cause the Sender to, pack and appropriately seal the Goods in the tamper-proof bag provided by the Rider. Pidge will not be responsible for the loss or damage of Goods which were damaged, broken, or not fit for transport before the Goods were handed over to the Rider. Pidge does not conduct any checks on the Goods, and it is the User’s responsibility to ensure that the Goods are packed properly before sealing the Goods in the tamper-proof bag.

Once the Goods are handed over by the Sender to the Rider in the sealed tamper-proof bag, the Rider will scan the bar code on the bag which will generate a one-time password (“OTP”) on the User’s and/or the Sender’s mobile number, which the User or the Sender will be required to share with the Rider. The Rider, upon reaching the location of the Recipient, will scan the bar code on the tamper-proof bag again, which will generate another OTP on the User’s and/or the Sender’s mobile number. Pidge will not deliver the Goods to the Recipient unless the OTP provided by the Recipient matches with the scanned package before the delivery is made to the Recipient.

We do not detain any delivery without any valid reason and ensure our best to deliver untampered bags within the promised timeframe, however we shall not be liable for a tampered bag or delayed delivery or non-delivery if a force majeure event occurs, or if the User is in breach of these Terms or if the OTP provided by the Recipient does not match. If the Recipient for whatever reasons is unavailable to collect the Goods, or if a valid OTP is not entered at the time of delivery, we will return the Goods to the Sender or the User, towards which the User shall have to pay such additional fee as may be applicable.

You will be able to track the movement of your Goods through the live-tracking facility available on the Application through services provided to Pidge by third-parties. Though live-tracking may be reliable, it may also be prone to inaccuracies due to network issues. Pidge does not give any assurance with respect to the accuracy of the live-tracking system available on the Application.

By giving us the Goods in the tamper-proof bag, you hereby appoint us as your agent, and as agent solely for the delivery of the Goods to the Recipient. In some instances, local authorities may require additional documentation confirming our appointment. You hereby agree that your confirmation and agreement to these Terms are the confirmation of our appointment as your agent for the limited purpose as set forth above.

Payment

Pidge offers a standard price for its Services which is currently calculated on the basis of distance, regardless of the size or value of the goods. Our fees for the Services shall be charged on a per transaction basis, where prior to processing your request we will inform you about the fee payable. You will be required to pay upfront for the Services through integrated payment platforms connected to the Platform. In case any payments are due and payable by you after the completion of Services, for any reason whatsoever, you will be required to clear the payment towards such fee before you place another request for our Services.

We do not issue any physical copies of the invoices for rendering our Services; however, you will always be able to view the e-copy of your invoices on your Application and upon your request on the Application, a copy of the invoice will be delivered to your registered e-mail address after successful completion of our Services.

Representations and Warranties

You hereby represent and warrant to Pidge that:

  • You are over eighteen (18) years of age and are capable of entering, performing and adhering to these Terms. In case a User under the age of eighteen (18) years accesses the Platforms and/or uses our Services we assume such use is under parental/legal guardian’s guidance;
  • All the information provided by you to Pidge is true and correct;
  • You will not use the Platforms for any purpose that is unlawful or prohibited by these Terms;
  • You will not transport through Pidge any package which contains illegal, prohibited or restricted goods under applicable laws of India, including but not limited to the goods set out in Annexure-A below (“Restricted Goods”);
  • The Goods will be packed in the tamper-proof bag in secure premises either by you or Sender or by any reliable persons authorized by you or Sender and protected against unauthorized interference during packing and handing over to the Rider;
  • You will not use the Platforms in any manner that could damage, disable, overburden, or impair the Platforms, or adversely affect the reputation of Pidge; and
  • In case any package being transported by you contains tobacco or tobacco-related products, you shall ensure that the recipient/intended user of the package is not a minor and that the delivery location of such package is not within 100 yards of an educational institution.

User Conduct and Rules

You agree and undertake to use the Platforms only to post and upload information and material that is proper. By way of example, and not as a limitation, you agree and undertake that while using our Services or accessing our Platforms, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the Riders;
  • Post, upload, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platforms;
  • Violate any code of conduct or other guidelines, which may be applicable for or to the Services;
  • Violate any applicable laws or regulations for the time being in force in India; and
  • Violate, abuse, unethically manipulate or exploit, any of the Terms.

Prohibited and Restricted Goods

Pidge does not deliver goods which are illegal, prohibited or restricted under applicable laws of India, including but not limited to the Restricted Goods. User shall not, shall ensure that the Sender does not, send any Goods which are illegal, prohibited or restricted including but not limited to the Restricted Goods. The User further agrees and understands that any false or misleading statements in this relation may result in penalty action by Pidge and under applicable law.

Force Majeure

Pidge shall have no liability to you whatsoever for any interruption or delay in its Services, or to access the Platforms if such interruption, delay, or inability is caused by a force majeure event. A “force majeure event” means any event or circumstance beyond the reasonable control of Pidge including but not limited to an act of God, fire, explosion, flood, epidemic, power failure, governmental actions including acts of governmental officials or police authorities, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, labour disputes, strikes, change in law or policies, court orders, cyber threats and cyber-attacks including those resulting from malware, trojans, ransomware, data breach, hacking, or malicious damage to the Platforms.

Termination or Suspension of Account or Services

You agree that Pidge may at any time and for any reason, terminate your access to the Platforms, or restrict or suspend your access to all or any part of the Website or the Application at any time, for any or no reason, with or without prior notice, and without liability. Pidge reserves the right to cancel your rights to access the Platforms, if it believes that you are using any of the Platforms in breach of these Terms.

Additional Charges, Cancellation and Refunds

We will proceed with the execution of your delivery task upon your having successfully placed a request. Should you thereafter wish to modify the delivery task, you may incur additional charges for such modification calculated basis the change in the distance or time taken to complete such task. In case you request to cancel the task, you may incur a part of or the entire fee, if we have already commenced work. We may not be able to process any requests for cancellation after the Goods have been picked up from the Pick-Up Point. In such an event, Pidge will return the Goods to the Pick-Up Point, towards which the entire fee chargeable for the original scheduled delivery of Goods along with the inconvenience fee towards the reverse delivery to the Pick-Up Point will become payable.

We will attempt the delivery of the Goods to the Drop Point, and if such delivery is unsuccessful on the first attempt, the Goods will be returned to the Pick-Up Point, in which case the charges as mentioned in the paragraph above will become applicable. If we are unable to return the Goods to the Pick-Up Point due to unavailability of the Sender, and if the Recipient or the Sender fails to take delivery of the Goods within a period of 15 (fifteen) days, such Goods will be deemed as unclaimed, and we have the right to sell such Goods without any further notice to the User, Recipient or the Sender. We will retain a sum equal to the unpaid fee towards the delivery, charges for storage of Goods, and any inconvenience fee as may be applicable, in the event we proceed to sell the Goods after such period of 15 (fifteen) days.

We may need to cancel your request in any of the circumstances below:
(a) in the event of the Pick-Up Point or Drop Point following outside the service zone offered by us;
(b) if in our discretion the Goods violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction;
(c) inability to proceed/complete the task due to lack of information, direction or authorization from you;
(d) if Pidge Rider has to wait for over 15 minutes for you or your Sender and/or Receiver to complete the pickup or drop for any reason including the Rider’s inability to contact you or your Sender and/or Receiver; or
(e) inability to complete the task due to reasons beyond our control such as force majeure events.

Providing refunds in the aforesaid circumstances is the sole discretion of Pidge, and such refunds may be provided only when the fee has been paid by the User in advance. Our decision on refunds shall be final and binding. All refund shall be processed and credited to your account in accordance with the terms that may be stipulated by the partner payment merchant and/or associated bank.

Security Components

You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Pidge and/or content providers who provide content to Pidge. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.

Proprietary Rights

All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Pidge. You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Pidge’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material.

Links to Third Parties

Our Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, payment partners, etc.). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. Pidge does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before you use any third-party websites, you should review the applicable terms of use and policies for such third-party websites. If you decide to access any such linked third-party website, you do so at your own risk. Pidge disclaims all responsibility and liability as regards the services, conduct or actions of such third party.

Intellectual Property Rights

The Services provided by Pidge are premised on a proprietary software developed and made available exclusively by Pidge. Pidge is the sole owner of the Platforms and all software created to provide you with the Services. Pidge provides you with a single limited license to download, use and access the Platforms on your devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, non-licensable and non-exclusive. All content on the Platforms, including but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Pidge. You may not copy, reproduce or use such Content without due attribution of ownership to Pidge. All icons and logos are trademarks of and proprietary to Pidge. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

All Content is the exclusive copyright of Pidge or its licensors, except third party content and link to third party website. Use of the Content for any purpose not expressly permitted by Pidge in these Terms is prohibited and may invite legal action.

Indemnity

The User and/or the User’s designated Sender and/or the User’s designated Recipient agrees to defend, indemnify and hold harmless Pidge, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all direct and indirect claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees and costs) arising from:

  • Your use of and access to Platforms in a manner except as permitted herein;
  • Your, or the Sender’s, or the Recipient’s violation of any of these Terms or any applicable law;
  • Your breach of the representations and warranties set out in these Terms;
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
  • Any and all claims of third parties relating to, arising out of or resulting from, the User’s conduct or negligence; or
  • Your, or the Sender’s, or Recipient’s conduct which causes harm to the Rider or is prejudicial to the reputation or goodwill of Pidge.



This indemnification obligation will survive the termination of your account or use of Services and the Platforms.

Disclaimer of Warranties

Pidge shall not be liable for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system, loss of profits, loss of data arising out of the use of the Platforms, delay or inability to use the Platforms, failure to provide the Services, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the Platforms, shutting down of the whole or part of the Services that might result in any loss of information, non-retrieval or loss of data, or arising out of the inability to use any Services.

Limitation of Liability

If a tampered bag is delivered to you: (a) without the occurrence of a force majeure event; and (b) without you having breached the provisions set out in these Terms, you will be eligible for damages in accordance with these Terms.

Our liability in respect of any Goods transported through us is limited to the lower of: (i) the current market value or declared value of the Goods or (ii) ten (10) times the value of the fee paid by you (the value of the fee for the purposes of this section only shall be net of discount and exclusive of any taxes paid by you). Our liability is strictly limited to direct loss and damage to the tamper-proof bag only and all other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to our attention.

Pidge provides a pickup guarantee of less than 60 (sixty) minutes from the placement of the Order, subject to the operating conditions (usually announced at the time of accepting a request for a task), and other conditions specified in these Terms. We deserve the right to withdraw or temporarily suspend the pickup guarantee without any prior intimation to the User including but not limited to days declared as public holidays, new year’s eve, national or regional festivals, etc. in view of difficult operating conditions for pickup and/or delivery. We will make every reasonable effort to pickup and/or deliver the Goods according to our regular pickup and/or delivery schedules, but these schedules are not binding and do not form part of these Terms. Pidge is not liable for any damages or loss caused by any delay, or disruption of any third-party services which are used by us for the performance of the Services. Pidge is also not liable for any delay or delivery of tampered bag of Goods which delay or tampering is caused due to actions of governmental authorities.

All claims must be submitted in writing to Pidge within seven (7) days from the date that Pidge accepted your request for delivery of Goods, failing which Pidge shall have no liability whatsoever. Claims are limited to one claim per bag of Goods, settlement of which will be full and final settlement for all loss or damage in connection therewith. The User will have the option to receive the amount towards such settlement in their Pidge account or as a credit into their bank account.

Modification and Discontinuation

Pidge reserves the right to modify, amend or waive any of the provisions of these Terms, from time to time entirely at its own discretion. Every time these Terms are updated, you will be automatically logged-out of your user account on the Platform and while logging back in to your account, you will be required to accept the updated Terms. You agree and understand that you are responsible for checking these Terms periodically to remain in compliance with these Terms. Your use of the Platforms after any amendment to the Terms shall constitute your acceptance of such amended Terms.

The User may discontinue the use of the Website and the Application at any time, and delete his account by writing to Pidge at support@pidge.in. The User agrees and confirms that such deletion of his account will not come into effect till the time all the outstanding liabilities of the User have been cleared. Upon deletion of the User’s account, we may retain certain information and records of transactions as per our Privacy Policy.

Assignment

The User shall not have the right to assign these Terms or any rights or obligations hereunder. However, Pidge may, at its sole discretion, assign any of its rights under these Terms to any person without restriction.

Entire Agreement

These Terms along with the Privacy Policy shall constitute the final, complete and exclusive statement of the agreement between Pidge and the User with respect to the use of the Website and the Application.

Waiver and Severability

The failure of Pidge to exercise any right as per these Terms shall not constitute a waiver of such right. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. No waiver of any breach of these Terms shall waive any other breach, and no waiver shall be effective unless made in writing.

If any provision of these Terms is held invalid by any court or tribunal in a final decision from which no appeal is or can be taken, such provision shall be deemed modified to eliminate the invalid element and, as so modified, such provision shall be deemed a part of these Terms. The remaining provisions of these Terms shall not be affected by such modification.

The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Governing Law and Venue

These Terms shall be governed by the laws of India. The courts at New Delhi shall have exclusive jurisdiction over any disputes arising under these Terms.

Grievance Officer

Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through e-mail. Pidge shall not be responsible for any communication, if addressed, to any non-designated person in this regard.

Mr. Tushin Joshi
Grievance Officer https://test.mark-ai.com
R-Indventures Private Limited
409, Good Earth Business Bay,
Gurugram, Haryana – 122102
Phone : 9821088236
Email : grievanceofficer@pidge.in

Annexure – A
List of Restricted Goods
  • Goods of perishable nature, or such goods which require specific controlled-temperature;
  • Alcohol or intoxicating substances of any type including chemical or herbal;
  • Antiquities and art treasures in violation of applicable law;
  • Any animal or bird species or any product containing a part of such animal or bird species including but not limited to furs, feathers, horns, skin, antlers;
  • Endangered plant varieties;
  • Gold and silver metals, other than items hallmarked as per standards set by the Bureau of Indian Standards;
  • Uniforms and badges of any defense personnel or police authorities;
  • Hazardous chemicals including pesticides, oxidizing substances, organic peroxides, radioactive substance or any object containing any of these;
  • Illegal drugs, narcotics or psychotropic substances whether allopathic, ayurvedic or herbal;
  • Adult goods, sexually suggestive material and pornographic material (including literature, imagery and other media);
  • Currency (Indian or foreign), counterfeit or fake notes or coins;
  • Gases of any type including inflammable, compressed, liquefied, dissolved under pressure or deeply refrigerated, or inflammable or combustible liquids or solids;
  • Hazardous goods, weapons (including chemical weapons), and ammunition of any sort; or
  • Items infringing or attempting to pass off any third parties’ intellectual property.

Terms of Use
Last updated on April 01, 2023

Thank you for selecting the Services offered by R-Indventures Private Limited a company registered under the Companies Act, 1956, having its registered office at Plot No B, Khasra-360, Sultanpur, M.G. Road, New Delhi-110030, and/or its subsidiaries and affiliates (referred to as “Pidge“, the “Company”, “we“, “our“, or “us“). Please review these Terms of Use (“Terms“) thoroughly. These Terms constitute a binding legal agreement between you and Pidge. These Terms and the privacy policy (as available at https://test.mark-ai.com/privacy-policy) (“Privacy Policy”) (collectively “User Agreement”) forms an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules made there under, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time. This User Agreement 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 terms and conditions for access or usage of the Platform. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Platform, you agree to the User Agreement. If you do not agree to the User Agreement, then you may not use the Platform.

Pidge reserves the right to update and change the Terms at any time without notice. Any new features that augment or enhance the current Platform Services, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Platform Services after any such changes shall constitute your consent to said changes.

  1. General 

For the purposes of these Terms, ‘User’ and wherever the context may require, ‘You’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.

 

Pidge enables the management of last-mile logistics processes including but not limited to the creation and management of orders, creation and management of delivery executives and assets, allocation of orders to 3rd-party delivery services delivery and status tracking, route management and resource allocation, communication to various stakeholders, and integrations with 3rd party platforms, among other services (“Platform Services”).

 

These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time.

 

Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms. Please read these Terms carefully before using or registering on the Platform or listing any item, accessing any material, information or Services, posting any information at or through the Platform.

 

As a User, the User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action is on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement and our Policies, please do not enter information as requested on the sign up page and click the “Accept” button or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.

 

By impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable policies of the Company including the Privacy Policy as published on the Platform (“Policies”) communicated to the Users by publication on the Platform.

 

The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.

  1. Amendment

Pidge reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who Pidge believes has violated the provisions of these Terms or any Policy.

 

You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree by accessing, browsing or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that Pidge publishes the same on the Platform. Pidge will notify You of changes in terms and policies via direct communication (sms/email/etc), platform communication (banner or other notification on screen), or by necessitating logging in again on the platform.

 

Pidge shall not be liable to give any prior notice to the Users for any amendments to the User Agreement, which in the opinion of Pidge, has the effect of diminishing the User’s existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.

  1. Definitions

“Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.


 “Authority” shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter.

 
“Digital Wallet” shall refer to the virtual wallet linked to your Account and provided on the Platform. Any balance amount remaining in the Digital Wallet can be utilised for various purposes on the Platform, including payment fee for the renewal of Services and for availing the delivery services provided by Pidge or its Delivery Network Partners.

“Grievance Redressal Officer” means the grievance redressal officer appointed by the Company in accordance with applicable Law, from time to time.

“Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, through usage of the Platform or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information.

“Law” or “Applicable Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.

“License Details” shall mean any document, invoice or information sent to the Primary User’s registered email account as confirmation of payment and registration to avail the Platform Services. This may contain information such as duration and expiration of Services, payment confirmation, and other such information.

“License Term” shall mean the duration of the Platform Services noted in the License Details (or otherwise). The Platform Services shall begin on the day an account has been created by the Primary User or otherwise when a User first accesses the Platform and the License Term will end when the User Agreement is terminated.

“Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.

“Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not.

“Policies” shall mean and include the Privacy Policy and any other policies of Pidge as amended and provided on the Platform or communicated to the Users in any other way from time to time.

“Recharge” shall mean the act of crediting an amount to the Digital Wallet by the User.
 

“Services” shall mean the services rendered by the Platform as may be specifically notified by the Company on the Platform or by other means of communication from time to time, in accordance with the applicable Law, and currently includes acting as an intermediary or a facilitator for providing a platform web and/or mobile application for enabling the users to sell their products or services online.

“User(s)” shall mean a user of the Platform.

  1. Eligibility

In order to use the Platform, You need to be 18 (eighteen) years of age or older. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872.

 Pidge shall not be liable in case of any false information is provided by the User including User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable Law of the country to which the User belongs.

 Pidge disclaims all liability arising out of such unauthorised use of the Platform and any third party liability arising out of Your use of the Platform if You are a minor.

  1. Registration and Creation of Profile

Upon completion of the initial registration on the onboarding page and payment of the corresponding fee, a confirmation email will be sent to the registered email containing the License Details and subsequently, an account (“Account”) is created on the Platform that can be accessed by the person who registers and completes the payment of the Licensing Fee (“Primary User”). 

 A User (including the Primary User) can authorise other persons to access the Account and use the Services by inviting them as users through the Platform. The User confirms that it has informed or otherwise sought permission from the individual to share the personal details necessary for registration of any such individual as a User. The invited individual will have to explicitly accept an invitation to the User’s account.

 The User is required to register and create a profile by creating a username and password or registering using mobile verification and providing necessary details in order to be eligible to access the relevant Services.

 You are solely responsible for maintaining secrecy and confidentiality of Your login details including Your user name, password and user code (if any).

 The User hereby agrees and acknowledges that the Platform will grant access to any person who has obtained Your username, password and code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under Your username, password and any code. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Platform. The User shall be responsible for all usage of the User’s account and password.

 The User will have the ability to log out from all devices and reset their password by validating their login credentials (number and/or email). In case the User is unable to access their identifying login credentials, the User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company, its directors, shareholders, Affiliates, employees, associates, contractors or agents (“Personnel”) shall not be responsible in any manner for any Losses occurring from any breach of secrecy of Your username, password, user code or any unauthorized use of Your account, and You shall be liable for any Losses suffered by the Company or such other parties as the case may be, due to any unauthorized use of Your account.

  1. User Information

You agree to provide true, accurate, up to date and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform.

 For the use of the Platform Services, You will be required to use certain devices, software, and data connections, which we otherwise may not supply. For as long as You use the Platform Services, You consent to downloading and installing updates to the Platform Services, including automatically, downloading and installing such updates.

 You are responsible for all carrier data plan and other fees and taxes associated with Your use of the Platform Services. 

 The Company shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.

 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 signing up or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current, complete and not misleading at all times.

 If You provide any information that is untrue, inaccurate, misleading, not current or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with the User Agreement, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever. Should any other User or Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by You, the Company, and its Personnel shall not be liable for any damages, Losses, direct, indirect, immediate or remote, interests or claims resulting from such information to You or to any third party. You hereby agree and undertake to indemnify and to hold harmless the Company, and its Personnel in accordance with the Indemnity clause contained in these Terms.

 Once You have signed up on the Platform, You agree, allow and grant the Platform to gain access to Your mobile device to find and keep track of mobile phone numbers of other Users of the Service, Your location, inbuilt storage or other storage on Your mobile device, access to internet, control vibration, accounts on Your mobile device and such other data or information downloaded, added, edited, stored, processed, used, deleted on or from Your mobile device.

  1. Electronic Communication

You agree to keep Yourself updated with all data, information and communication pertaining to You made available on the Platform by Pidge. You further agree that Your use of the Platform 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 consent to receiving communication from Pidge via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/electronic record.

 You understand You may have to bear/pay any charges associated with any such access (including text messaging charges for messages from Your mobile device). Our communications to You may include communication that would inform Users about various features of our services. The Company may also send You promotional information unless You have opted out of receiving such information.

 We may need to provide You with certain communications/notifications, such as service announcements and administrative messages. These communications are considered part of the Services and Your account, and You may not be able to opt-out from receiving them. If You added Your phone number to Your account and You later change or deactivate that phone number, You must update Your account information to help prevent us from communicating with anyone who acquires Your old number.

 Pidge will also provide order updates and tracking services to your end customer who will receive the order (“End Customer”) by sending a tracking link (a URL or hyperlink) to their mobile number or email address which shall be provided by you. You confirm that you have obtained all necessary consent and comply with all applicable laws when providing such information to Pidge with the purpose of communicating with your end customer. Pidge does not take any responsibility or liability for the accuracy of such information or any loss occurring to you due to the inaccuracy of such information.

 

  1. User Obligations

You shall not:

  • host, display, upload, download, modify, publish, transmit, update or share any information which:

  • belongs to another person and which you do not have any right to;

  • is misleading or misrepresentative in any way;

  • 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 value of, surreptitiously intercept or expropriate any system, data or personal information;

  • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

  • is false, inaccurate or misleading;

  • impersonates another person;


Additionally, you shall not commit any act(s) which:

  • which infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

  • violates any law for the time being in force;

  • creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.


You shall not use any “deep-link”, “page-scrape”, “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 any related services, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.


You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.


You shall not 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.

 
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other User or personal information, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.


You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.


You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.


You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Pidge and/or others.


You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of the Platform. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.


In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.


It shall be a violation of these Terms of Use 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 person other than us without our prior explicit consent.


Pidge  shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.


Pidge regularly lists and showcases many of its prominent customers and their testimonials on its web page and may also feature You or your testimonial on its webpage or use such information for marketing purposes. You consent to the use of your name, company logo (or your employer’s name and company logo) and any testimonial that you provide to us to be used for such marketing purposes. Pidge respects its user’s personal information and will always handle and use your personal information in compliance with the Privacy Policy.

 

  1. Disclaimers

The Platform may be under constant upgrades, and some functions and features may not be fully operational at times.


Due to the issues that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the Platform. As a result, we do not warrant the accuracy of the information presented on the Platform.


The Company disclaims all liability that may arise due to any violation of any applicable Laws.


While the materials provided on the Platform were prepared to provide accurate information, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to You or any third party for any decision made or action taken in reliance on such information.


The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon.

We shall not be liable to You or anyone else for any Losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our Personnel be liable to You or any third party for any decision made or action taken by Your reliance on the content contained on the Platform.


In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.


We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason whatsoever; (b) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; or (c) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

  1. Intellectual Property

The Platform Services provided by Pidge are premised on a proprietary software developed and made available exclusively by Pidge. Pidge is the sole owner of the Platform and all software created to provide you with the Platform Services. Pidge provides you with a single limited license to download, use and access the Platforms on your devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, non-licensable and non-exclusive. All content on the Platforms, including but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Pidge. You may not copy, reproduce or use such Content without due attribution of ownership to Pidge. All icons and logos are trademarks of and proprietary to Pidge. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Nothing in these Terms will be considered to constitute a transfer of intellectual property rights from one party to the other.


All materials on the Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Pidge. You acknowledge and agree that all content on the Platform is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Pidge’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material.

  1. Wallet

Subject to the terms and conditions contained herein, as part of the Platform Services, Pidge provides a Digital Wallet facility to You. The Digital Wallet is a closed wallet and cannot be used for any purpose outside of the Platform. The User can Recharge their account with the amount of their choice which can then be utilised for various purposes on the Platform.

 The usage of the Digital Wallet shall be governed as per below terms and conditions:

  • The Digital Wallet is linked to your Account and each authorised User is authorised to add amounts to the Digital Wallet.

  • Amounts credited to the Digital Wallet can only be used for  availing delivery Services from Pidge or any other delivery network partner or any other purpose specified on the Platform (and will also cover any associated taxes and charges unless specified);

  • Amounts once credited to the Digital Wallet cannot be refunded;

  • Any unused amount remaining in the account may expire if it is not used within one (1) year of last Recharge.

 

If the User Agreement is terminated, your access to the Platform Services is suspended or any of the termination events mentioned in Clause 18 have occurred, Pidge will have no responsibility to refund any balance amount remaining in Your Digital Wallet on the date of occurrence of such an event.

 

  1. Pidge Delivery Service or any third party services

The Platform, in addition to the Platform Services, also allows you to fulfill delivery orders by using riders provided by Pidge or by other third parties. There might be separate terms and conditions governing these services in addition to these Terms.

The terms and conditions governing such delivery services will be provided on the Platform, at the time of selecting such service. 

 

The User acknowledges that it has read and agrees with the terms and conditions that govern the usage of such delivery services from Pidge or from third parties.

 

Pidge does not provide any warranty of service for third party providers. Please read the terms of such third party service providers carefully before accepting and engaging their services.

https://test.mark-ai.com/delivery-service-terms/

  1. Term and Payment

The Account and Platform Services will be active and accessible to all authorised Users from the date of registration until termination of the Use Agreement as specified in Clause 18 of these Terms. 

 

In consideration for the Platform Services, Pidge will charge fees to the User (“Fees”). The latest rates and charges for each applicable Platform Service will be available on the Platform for the User or may be otherwise provided to you if you have entered into a separate agreement with Pidge to avail the Platform Services. We expect the User to be aware of the latest rates and charges for the Platform Services before availing such Platform Service. Pidge shall be entitled to charge on the Fees, any taxes applicable from time to time (“Taxes“). It is agreed that any statutory variations in Taxes during the subsistence of this Agreement shall be borne by the User. The Fees will be charged as a pre-determined amount on every instance of availing of Platform Services.

 

  1. Third Party Links

To the extent that the Platform contains links to advertisement banners, information about outside services and resources offered by third parties, we do not give any express or implied warranties or guarantees regarding the content, services, and information provided on such linked websites. Any concerns regarding any such services or resources, or any link thereto, should be directed to the particular service or resource provider. We provide these links only for the convenience of visitors to the Platform. You can visit any and all of the linked websites entirely at your own discretion, however we shall assume no responsibility for the outcome of any such interactions.

  1. Limitation of Liability

In no event shall Pidge or its Personnel or its suppliers, service providers and internal 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) out of or in connection with the Platform, or any services provided by third parties on the Platform or by Pidge.

 

The liability of Pidge under all circumstances is limited to the amount of charges/ fees, if any, paid by You to Pidge. Pidge, its Personnel and internal service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any information or communication provided on or through the use of the Platform or that of the operation of the Platform will be error free and/or uninterrupted. Pidge assumes no liability whatsoever for any monetary or other damage suffered by You on account of: (a) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; or (b) any delay, failure, interruption or errors in the operation of the Platform except as specified in these Terms or any Policies.

  1. Indemnity for non-compliance or breach

You shall indemnify and hold harmless Pidge and the its, subsidiaries, its Personnel, Affiliates, internal service providers and their respective officers, shareholders, directors, agents, and employees, from and against any and all Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys’ fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement or resulting from untrue, inaccurate, misleading not current or incomplete information provided or verified by You.

  1. Consent and Privacy Policy

By using the Platform and/or by providing Your Information, You consent to the collection and use of such Information disclosed by You on the Platform, by Pidge. The personal information / data including but not limited to the information provided by You to the Platform during the course of You being a registered User shall be retained in accordance with the Privacy Policy published on the Platform from time to time which is incorporated herein by reference and applicable Laws including but not limited to Information Technology Act, 2000 and rules there under. If You do not agree to Your information being transferred or used in this way, please do not use the Platform.

 

Pidge views the protection of User’s privacy as a very important community principle. Pidge clearly understands that You and the personal information provided by You is one of the most important assets to Pidge. Pidge stores and processes the information provided by You that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.

 

  1. Breach and Termination

Without limiting other remedies that Pidge may pursue, and Pidge may at its sole discretion take such action as it deems fit including but not limited to cancellation of any ongoing Platform Services and deletion of the Account, limitation of Your activity on the Platform, removal of Your information, or warning other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your Account, and/or refuse to provide You with access to the Platform or initiate any legal action it may deem fit, particularly in the event: You breach any of the provisions of the User Agreement, any Policies, any of the documents, agreements between Pidge and You in addition to these Terms, terms and conditions made thereunder which are incorporated therein by reference; any misuse of Your account, in case Pidge is unable to verify or authenticate any information provided by You, if the Company believes that Your actions may cause legal liability to the Company, other Users or Yourself.

 

No actions, omissions or decisions taken by Pidge shall waive any rights or claims that Pidge may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the Platform or use the Platform in any manner whatsoever until such time that such User is reinstated by Pidge. Notwithstanding the above, if You breach the Terms or the Policies and other documents incorporated therein by reference or any other agreements entered into by Pidge and You in addition to the Terms, 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.

 

You agree and acknowledge that we, in our sole discretion, without prior notification or intimation, may terminate your access to all or part of the Platform or cease to provide accessibility to the Platform, for reasons including but not limited to:

  • In response to the requests of law enforcement agencies or other government institutions;

  • In response to your own request;

  • The suspension or major modification of the website or any of its services;

  • Unforeseeable technical issues;

  • Occurrence of an event outside our control.

 

Pidge may terminate the User Agreement if you or the company, organization, government, or other legal entity the You represent:

  • commits a material breach of any of the terms and conditions of this Agreement, which if capable of cure or remedy, is not cured or remedied to Pidge’s satisfaction, within a period of fifteen (15) days from the date of issue of notice by Pidge of such breach;

 

  • are facing any insolvency, receivership, winding up, liquidation or bankruptcy proceedings (collectively referred to as “PROCEEDINGS”) whether commenced voluntarily or brought against it involuntarily if such Proceedings continue beyond ninety (90) days;

 

  • commits any act or omission in violation or is in breach of Applicable Law including but not limited to FCRA 2010.

 

All Your obligations and liabilities incurred prior to the termination date shall survive the termination of the User Agreement for all purposes.

 

  1. Grievance Redressal Mechanism

In case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or Pidge, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at grievanceofficer@pidge.in and provide the Grievance Officer with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.

 

The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 (forty-eight) hours of receiving it. The Grievance Officer may requisite such information as he may require in order to look into the grievances/ complaints for resolving the same.  You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the Terms herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint.

  1. Confidentiality

All communications between the You and Pidge and all confidential information given to or received by You from the Company, and all information concerning the business transactions of Pidge with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing to the Company.

 

Further the Company may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than other Users of the Platform.

 

This confidentiality obligation shall survive the termination of the agreement with and the User account of the concerned User.

  1. Severability

If any provision of the User Agreement or the application thereof to any person or circumstance is determined to be invalid, unlawful, void or unenforceable to any extent for any reason including by reason of any applicable Law, the remainder of the User Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the User Agreement shall be valid and enforceable to the fullest extent permitted by Law. Any invalid or unenforceable provision of the User Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.

  1. Governing Law and Jurisdiction

The User Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India. If any dispute arises between You and the Company during Your use of the Platform or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and/or any other agreement between the Company and You in addition to the User Agreement and any other documents incorporated therein by reference, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in New Delhi, India and You hereby submit to the jurisdiction of such courts.

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