SERVICE – USER TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions (Service-User terms) apply on the usage of our website www.wetransporter.com (the "Website"), smart phone WETRANSPORTER Application (the Application) as well as to all information, recommendations and/or services provided to you on or through the Website, the Application or through the Customer Care (The CC) through a national phone number (City code) - 33553355/3355335. The term 'YOU' refers to the user of our services through Website, the Application and the CC.
ABOUT TRIGON ENTERPRISES
TRIGON ENTERPRISES (hereinafter referred to as ‘TRIGON ENTERPRISES’ or ‘WETRANSPORTER’ or ‘we’ or ‘us’) is a partnership registered under Partnership Act, 1932. WETRANSPORTER is a registered trademark of TRIGON ENTERPRISES. The registered office of TRIGON ENTERPRISES is at H-19/25 Sec 7 Rohini Delhi– 110085, India. The registration number is AAKFT0402HSD002.
WETRANSPORTER offers a technology platform on www.wetransporter.com and Mobile Application WETRANSPORTER available on iOS, &Andriod platforms.
WETRANSPORTER’s Technology platform is an enabling platform for a consumer to connect with a third party, independent valid permit holder drivers or vehicle operators known as The Transport Service Provider hereinafter referred as TSP. Once TSP accepts a request, customer is notified with the details of TSP through sms or Mobile application.
WETRANSPORTER shall do all the reasonable efforts to connect you with a TSP & the services are subject to the availability of TSPs in or around your location at the moment of your request for transportation services.
By using this website and/or Mobile Application or user of the service through The CC you hereby acknowledges that TRIGON ENTERPRISES (WETRANSPORTER) is not a transport services provider.
It is up to the TSP to offer transportation services, which may be requested through the use of the Website, Application or CC. WETRANSPORTER only acts an intermediary between you and the TSP.
The user has to note that TSP is your service provider and therefore it is subjected to the contract between YOU and the TSP. WETRANSPORTER shall never be a party to such contract.
1. All prices are in INR only.
2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
3. We may alter or vary the Terms and Conditions at any time without notice to you.
4. Payment must be made at the time of ordering the Goods by credit card/debit card/ mobile wallet on TRIGON ENTERPRISES’s Mobile Application. Failure to pay on time will result in the cancellation of your order.
5. Do not use or launch any automated system or program in connection with our Mobile Application or its online ordering functionality.
6. Do not collect or harvest any personally identifiable information from the Mobile Application, use communication systems provided by the Mobile Application for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Mobile Application with respect to their submissions to the Mobile Application, or publish or distribute any vouchers or codes in connection with the Mobile Application, or scrape or hack the Mobile Application.
8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
9. These Terms and Conditions shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
11. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
Limitation of Liability
1. Adequate care has been taken to ensure that the information available on the Mobile Application is correct and error free. However, we cannot warrant that use of the Mobile Application will be error free or is fit for the purpose, or is timely, or that the defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
3. We disclaim any and all liability to you for the delivery of the Goods ordered to the fullest extent permissible under applicable law. This does not affect your rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your mobile phone via our Mobile Application.
5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( “Force Majeure” ).
6. If we have contracted to provide identical or similar orders to more than one Consumer and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which orders we will fulfill by providing delivery and to what extent.
7. The Goods delivered by us are provided for private domestic and end consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income, loss of profit, damage to property and/or loss from claims of any third parties arising out of the use of the Mobile Application or for any Goods or Services.
8. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.
9. In the event Trigon Enterprises has a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspects an instance of fraud, Trigon Enterprises may cause the Consumer to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, TRIGON ENTERPRISES reserves the right to seek compensation from any and all such Consumers.
10. Offers are subject to TRIGON ENTERPRISES's discretion and may be withdrawn at any time and without notice.
PURPOSES TO STORE YOUR PERSONAL DATA
A. OPTIMIZATION OF WEBSITE & APP
When you visit our Website, our website administrators process technical data such as your IP-address, visited webpages, the internet browser you use, your previous/next visited websites and the duration of a visit/session to enable us to deliver the functionalities of the Website. In addition, in certain instances the browser may prompt you for your geo-location to allow us to provide you with an enhanced experience. With this technical data our website administrators can manage the Website, for instance by resolving technical difficulties or improving the accessibility of certain parts of the Website. This way, we ensure that you can (continue to) find the information on the Website in a quick and simple manner.
When you use our APP, we also process technical data such as your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the APP, resolve technical difficulties, and provide you with the correct and most up to date version of the APP and to improve the function of the APP.
B. OPTIMIZATION OF CUSTOMER SERVICE
When you register as a User, we will collect your name, email address, country, language, password, mobile phone number, IP-address, Device ID.
C. PERSONAL INFORMATION
When you request transportation via your use of the APP, the Website or the CC, we provide your first name or last name to the Driver/Partner who accepts your request for transportation so that the Driver may contact and find you.
D. TELEPHONE NUMBER AND PUSH NOTIFICATIONS
If you have requested a ride through the Website, the APP or the CC; from the time that your ride request is accepted by the Driver, until you reach your destination, you and the Driver will have the ability to contact each other, via the mobile phone used to request the ride. During that time and only if you have consented we will send you sms& driver info will be available on the APP on your mobile phone to let you know if the Driver is on his way to your location and again when he has arrived at your location.
E. DISCLOSURE OF YOUR DETAILS
We may employ third party compTrigonEnterpriseses and individuals to facilitate or provide the Service on our behalf, to process payment, provide customer support, provide geo-location information to our Drivers, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website's features) or to assist us in analyzing how our Service is used. These third parties may have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose.
WETRANSPORTER will disclose your personal data to the extent that this is legally required, or necessary for the establishment, exercise or defense of legal claims and legal process; or in the event of an emergency pertaining to your health and/or safety. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable If you would like a copy of the information held on you please write to email@example.com.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us firstname.lastname@example.org as soon as possible. We will promptly correct any information found to be incorrect.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website
G. LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email and by means of a notice on the Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
I. CONTACTING US
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by WETRANSPORTER. Our Services are available only to those individuals or company who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services.
WETRANSPORTER advises its users that while accessing the web site/ the application, they must follow/abide by the related laws. WETRANSPORTER is not responsible for the possible consequences caused by your behavior during use of web site/application. WETRANSPORTER at all the times reserves the right to deny service.
USER ACCOUNTS, OFFERS AND PROMOTIONS
WETRANSPORTER collects general user data including name, email ID, contact details etc. to facilitate services.
It is assumed that all information collected from the user is Correct & Accurate. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without prior notice to such users.
User accounts bearing contact number and email IDs are created and owned by WETRANSPORTER. Any promotional discounts, offers and reward points in the form of Wetransporter Money accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the user. In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. WETRANSPORTER reserves the full discretion to suspend a user's account n the above event and does not have the liability to share any account information whatsoever.
You are advised to provide accurate information to WETRANSPORTER. WETRANSPORTER can verify the information that you have provided and choose to refuse the service or use of the Application / the Website without providing reasons.
By using the Application or Website you agree to:
1. You have understood your contract with WETRANSPORTER for Website / Application usage and you have clearly understood the SERVICE with our CLARIFICATIONS.
2. Use the Application for personal purpose only.
3. You will not assign or otherwise transfer your account to any other person or legal entity.
4. YOU will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
5. YOU will not use the Service or Application to cause nuisance, annoyance or inconvenience.
6. You will not impair the proper operation of the network.
7. You will not try to harm the Service or Application in any way whatsoever.
8. You will not copy, or distribute the Application or other WETRANSPORTER Content without written permission from WETRANSPORTER.
9. You will keep your account password information confidential or any other identification we provide you which allows access to the Service and the Application.
10. You will provide us with whatever proof of identity we may reasonably request.
11. You will comply with all applicable law from your city, State and the country while using the Application or the Service.
In addition to other reasons mentioned under the Termination clause below, WETRANSPORTER reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
GENERAL CUSTOMER BEHAVIOUR WHILE USING TRANSPORT SERVICE THROUGH TRANSPORT SERVICE PROVIDER
- It is expected that a reasonable behavior shall be followed by the customers / passengers while utilizing the Services offered by the TSP.
- The Company encourages all its customers to take full responsibility of his/her items. In case of lost items inside the Company during the journey, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
- All the calls made to the Company's CC are recorded by the Company for quality and training purposes.
- The customer shall ensure that he/she will not indulge in any of the following activities while in a vehicle.
- Asking the driver to break any Traffic/Transport/City Police and/or government rules for any purpose (especially reaching the destination earlier).
- Pressurizing the driver to overload the boot space of the vehicle with luggage. The customer shall not be generally allowed to use the seating area of the vehicle for placing any kind of luggage.
REPRESENTATION, WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY
Without prejudice to the above, the Company makes no representation or warranty that:
- The Services will meet the customer's requirements.
- The Services will be uninterrupted, timely or error-free.
- WETRANSPORTER shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of their service offered by TSP or due to the failure of TSP to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
- WETRANSPORTER will not be liable for any damages of any kind arising from the use of the Service offered by the TSP including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- WETRANSPORTER will take all reasonable measures to ensure that TSP should fulfill his duty properly but there may be exceptions and if any passenger misses the train or flight or bus or any such delay, WETRANSPORTER will not be held liable for any such compensation. The customer is advised to make alternate arrangement in case the cab has not reached due to any reason.
- The Company shall not be liable for any conduct of the drivers of the vehicles. WETRANSPORTER encourages you to notify any complaints that you may have against the driver of any vehicle that you may have hired using the WETRANSPORTER’s platform.
- All the vehicles registered with WETRANSPORTER platform are continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that the Company does not own any vehicle nor does it directly or indirectly employ any drivers for the vehicle. WETRANSPORTER disclaims any and all liability in respect of the drivers and the vehicle alike.
AMENDMENT TO TERMS OF CONTRACT
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.Wetransporter.com or the Application on the date that Company may indicate that such addition, variation or amendment is to come into effect.
INTELLECTUAL PROPERTY RIGHTS
WETRANSPORTER (TRIGON ENTERPRISES) is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with WETRANSPORTER, its affiliates or licensor's of WETRANSPORTER content, as the case may be.
All rights, not otherwise claimed under this contract or by www.wetransporter.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. WETRANSPORTER does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall WETRANSPORTER be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
WETRANSPORTER reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.
All related icons and logos are registered trademarks or trademarks or service marks of WETRANSPORTER in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site is the copyright of WETRANSPORTER except the third party content and link to third party web site on our website.
Any systematic retrieval of WETRANSPORTER content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from WETRANSPORTER is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Contract is prohibited and may invite legal action. As a condition of your access to and use of WETRANSPORTER's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. WETRANSPORTER reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the WETRANSPORTER service, or if WETRANSPORTER believes that user(s) conduct is harmful to the interests of WETRANSPORTER, its affiliates, or other users, or for any other reason in WETRANSPORTER's sole discretion, with or without cause.
CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
By clicking the ‘I Agree’ button, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Application or the Website.
CHOICE OF LAW AND DISPUTE RESOLUTION
These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Bangalore shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Application or the Website. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
The customer agrees and acknowledges that the use of the Mobile App/Website is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and fitness for any purposes are excluded to the fullest extent permitted by law.
The information contained in this Website / Application is for general information purposes only. The information is provided by Wetransporter and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Wetransporter. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the Website / Application up and running smoothly. However, Wetransporter takes no responsibility for, and will not be liable for, the Website / Application being temporarily unavailable due to technical issues beyond our control.