THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

MYSORECABS TRANSLINKS PVT LTD (“Company”)provides technology-based servicesforbookingtwowheelers,Autos,cars,commercial goods vehicles (“Vehicle”) to you (“You” or “Users”) and you agree to obtain certain Services (defined hereinafter) offered by third party drivers or vehicle operators (“Drivers”) by means of the Company’s website and the mobile application “BIJILI” (“Platform”). All the Services provided by the Company to you would be by means of your use of the Platform. These Terms of Use shall govern the relationship between you (the customer) and the Company in the course of provision of the Services. These terms of use (“Terms of Use”) mandate the terms on which users using the Services will be governed.

• “We”, “us”, “our”, “Carrier”, “BIJILI”, “Company” shall refer to MYSORECABS TRANSLINKS PRIVATE LIMITED (owner of BIJILI), its employees, authorised agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.

• “You”, “your”, “consignor” shall refer to the sender, consignor or consignee of the Consignment, holder of this Consignment Note, receiver and owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be.

• “Carriage” means and includes the whole of the operations and services undertaken by us in connection with the Consignment.

• “Consignment” means any package, parcel, sachet, or freight which is or are given to and accepted by us for carriage under our Consignment Note.

• “Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or other national regulations for transport.

• “Delivery” means the tender of the consignment to the consignee or intimation about the arrival of the consignment.

• “Prohibited Items” means any goods or materials, the Carriage of which is prohibited by Applicable Law.

• “Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.

“Applicable Law” means means all laws, statutes, ordinance, regulations, guidelines, policies, rules, bye-laws, notifications, directions, directives and orders or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, administration and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law in India.

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

 SERVICES

The Platform provides the following services (“Services”) to You:

1. It allows you to pick up and drop off packages from one location to the other through the Drivers (“Package Services”).
2. It allows you to avail transportation services provided by the Drivers on our Platform (“Transportation Services”).
3. It allows you to pick up items/products from merchants of a store and get the same delivered to you by the Delivery Partners (“Delivery Services”)
4. “Services” means the technology-based services provided by BIJILI which enable the following:
5. The hiring of vehicles by Customers for a point to point service, or for time and usage based service within city limits and outside the city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices;
6. Hiring of labour by Customers for loading/unloading of the consignment.

 GENERAL TERMS OF USE

1. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 years), to obtain an account.
2. The Service is not available for use by persons under the age of 18 years. You shall not authorize third parties to use your account. You shall not allow persons under the age of 18 years to receive transportation or logistics services from the Drivers.
3. If the Company becomes aware or, it acquires credible knowledge that You have misled us regarding your age, then the Company reserves its rights to deactivate the account and You will not be liable to raise any claims including any insurance from the Company.
4. The Company shall take your booking request and forward it to the Drivers through an app-based device operating on GPS-GPRS based device available with the Driver.
5. The Company may monitor and record calls made to the Drivers, for the purpose of training and improving customer care services, including complaint.
6. The Driver shall have the sole discretion to accept or reject each request for the Service.
7. If the Driver accepts the booking request made by the Company, a notification will be sent you with the information regarding the Driver including its name, contact number etc.
8. The Company shall make reasonable efforts to bring you in contact with the Driver in order to obtain the Service subject to availability of the Driver in or around your location at the time of your booking request made to the Company.
9. For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Driver who shall render the Services to you.
10. Even after acceptance of booking, the Driver may not reach your pick up location or decide not to render his services. in which event the Company shall not be held liable.
11. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled at all times to verify the information that you have provided. You may only access the Services using authorized means.
12. The Company shall not be liable if you do not download the correct Platform or visit the appropriate web portal.
13. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing Package Services.
14. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India.
15. You will treat the Driver with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle;
16. The Company is not responsible for the behaviour, actions or inactions of drivers of Vehicles, Driver or quality of Vehicle which you may use. Any contract for the provision of Vehicle for the Services is exclusively between you and the Driver and the Company is not a party to the same.
17. You agree that You shall not request for Package Services for Items which are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law or regulation or the provisions of this Terms of Use.
18. You also agree that you shall not request for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
19. The Company does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Driver, and therefore the Company shall have no liability with respect to the same. However, if it comes to the knowledge of the Company that You have packaged any illegal or dangerous substance or availed the Package Services using the Platform to deliver any illegal or dangerous substance, the Company shall have the right to report You to the government authorities and take other appropriate legal actions against You.
20. You agree that before requesting a Package Service, You are well aware of the contents of the package sent or requested by You through registered Driver, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).
21. You also agree that, upon becoming aware of the commission any offence by You or Your intention to commit any offence upon initiating a Package Service or during a Package Service of any Item(s) restricted under applicable law, the Driver may report such information to Company or to the law enforcement authorities.
22. You also agree that any payment for the products/goods ordered by you in respect of the Delivery Services shall be at your own risk and the payment shall be settled directly between you and the Drivers. BIJILI does not assume any responsibility or liability whatsoever for any damage/deficiency or loss of the products/goods. The Delivery Services are provided to You directly by the Driver and BIJILI merely acts as a technology platform to facilitate delivery initiated on the Platform and BIJILI does not assume any responsibility or liability for any form of deficiency of services on part of the Driver.
23. You agree that you will be solely responsible for the packages handed over to the Driver and shall be prudent not to handover expensive items to the Driver. You will be solely responsible for any loss or damage to the goods, in case of any theft or any other incidents to the packages by the Driver.
24. You can initiate a transaction on the Platform by which You may (through the help of a Driver) send packages at a particular location. The Package Services are provided to You directly by the Driver and BIJILI merely acts as a technology platform to facilitate transactions initiated on the Platform and BIJILI does not assume any responsibility or liability for any form of deficiency of services on part of the Driver.
25. By using the Platform of the Company, you further agree that:

            a)You will download the Application for your sole, personal use and will not resell it to a third party;

            b)You will not authorize others to use your account;

            c)You will not assign or otherwise transfer your account to any other person or legal entity;

            d)You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

            e)You will not use the Application to cause nuisance, annoyance or inconvenience;

             f)You will not impair the proper operation of the network;

            g)You will not try to harm the Application in any way whatsoever;

            h)You will not copy, or distribute the Application or other Company Content without written permission from the Company;

            i)You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Application;

            j)You will provide the Company with whatever proof of identity we may request;

            k)In order for us to facilitate UPI payments, we are required to conduct a bank account validation and Virtual Payment            Address (“VPA”) validation. We conduct these validations through a third-party service provider.

            l)You will only use an access point or atleast a 3G data account (AP) which you are authorized to use;

           m)You will not use the Application with an incompatible or unauthorized device;

           n)If within 24 hours a user creates more than one account on the same device, BIJILI has the right to terminate his/her account;

            o)The Company reserves the right to immediately terminate your use of the Application should you not comply with the any of the rules provided in the Terms of Use.

             p) Hiring of labour will be by customers or users for loading and unloading of the goods and boxes or consignment.

USER(S) AGREEMENT

1. This agreement applies to user(s) if user(s) are visitors, registered – free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
2. This agreement applies to all BIJILI Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

AMENDMENT TO USER(S) AGREEMENT

BIJILI may change, modify, amend, or update this agreement from time to time with or without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms and deemed acceptance of the amended Agreement. Further, User(s) shall also be bound by any amendment made in any policy or agreement from time to time, referred to in these Terms of Service.

INTELLECTUAL PROPERTY RIGHTS

BIJILI 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 BIJILI, its affiliates or licensor’s of BIJILI content, as the case may be.

All rights, not otherwise claimed under this agreement or by bijilitaxi.in, 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. BIJILI 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.

1. 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 BIJILI 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.
2. BIJILI 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 app/website.
3. All related icons and logos are registered trademarks or trademarks or service marks of BIJILI 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.

       4.All content on this web site is the copyright of BIJILI except the third party content and link to third party web sites on our app/website.

       5.Systematic retrieval of BIJILI 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 BIJILI is prohibited.

       6.In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of BIJILI’s Services, you agree that you will not use the web site         service to infringe the intellectual property rights of BIJILI or any other third party in any way. BIJILI reserves the right to terminate the account of a user(s) upon any infringement of the rights of any third party in conjunction with use of the BIJILI service, or if BIJILI believes that user(s) conduct is harmful to the interests of BIJILI, its affiliates, or other users, or for any other reason in BIJILI’s sole discretion, with or without cause. You shall be liable to indemnify BIJILI for any losses or expenses incurred by BIJILI due to any infringement of intellectual property rights owned by BIJILI without prejudicing BIJILI’s right to bring any legal action against you.

 PAYMENT FOR SERVICES

1. You shall be required to pay charges for the Services used by you either by using the online payment gateway provided in the Platform or by paying cash to the Drivers. The Company collects the charges for the Services on behalf of the Drivers after obtaining authorisation from the Drivers and the payment is remitted to the Driver’s bank account registered with the Company.
2. In respect of the Delivery Services, you will be required settle the payments incurred towards the good/products purchased from the merchants directly with the Drivers. You agree and acknowledge that BIJILI is not in anywaybe responsible for the settlement between you and the Driver.
3. The rates of the Services shall be notified on the website and mobile application of the Company.
4. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the Services.
5. You agree that you will pay for all Services you purchase from the Driver either by way of online payment or by cash. In the event the payment cannot be accepted through the online payment or any other mode, you shall be required to pay the charges for the Services availed by way of cash.
6. Any payment made is non-refundable. At the end of the trip for the Transportation Services, we will facilitate for you to receive a copy of the invoice from the Company on your registered e-mail account with the Company.
7. You shall pay the service fees for availing the Package Services and/or the Delivery Services at the end of the completion of such services, as may be displayed to You on the Platform. You cannot initiate another Package Services and/or the Delivery Services until You have paid for the previously completed such Package Services and/or the Delivery Services.
8. It is clarified that the term “Trip” includes a trip for transportation of a passenger and goods by the driver.

TERMS & CONDITIONS FOR USE OF OUR SERVICE

The following Terms & Conditions shall apply to customers utilising the Services offered by the Company for the hiring of vehicles:

The customer shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for availing the Services of BIJILI.

The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.

The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:

• Soiling or damaging the body and/or any other interiors of the vehicles.

• Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.

• Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up.

• Pressurizing the driver to overload truck with the consignment than the allowed limit.

The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.

The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a vehicle booking. The location based information will be used only to facilitate and improve the probability of locating a mini-truck for the Customer.

The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the Applicable Law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.

The Company shall be entitled at any time without giving any reason to terminate the booking of the vehicle done by the Customer. User(s) shall indemnify BIJILI with respect to any expenses incurred with respect to such booking.

In case of lost items during the transit, 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 or theft or misappropriation to / of the same. BIJILI aggregates the vehicles for the purposes of providing Services. In the event of loss of any item, User(s) shall not have any right to withhold the payment to be made to BIJILI. Further, in the event any payments from the User to BIJILI are pending for the period prescribed by BIJILI in its respective invoice / statement, BIJILI reserves the right, in accordance with the Applicable Law, to exercise particular lien over the consignment till full payment is made to BIJILI for the Services. Additionally, User(s) will be liable to indemnify BIJILI against any loss, damage or expenses incurred by it due to the custody of the consignment during this period.

Any complaint in respect of the Services or the use of the vehicles, the Customer has to inform the Company of the same in writing within 24 hours of using the vehicles or Services of the Company.

The Company shall not be liable for any conduct of the drivers of the vehicles. However, the Company encourages you to notify it, of any complaints that you may have against the driver that you may have hired using the Company’s Services.

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 https://bijilitaxi.in on the date that Company may indicate that such addition, variation or amendment is to come into effect.

All the calls made to the Company’s call centre are recorded by the Company for quality and training purposes. In the event you place a query on our app/website including any query with respect to our Services, applicable fees or Terms of Service, you hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand, agree and acknowledge that such information shall in no event, qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the ‘National Do Not Call Register’ or the ‘Private Do Not Call Register’ in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.

Cancellation Policy: All cancellations made 5 minutes after driver allocation will incur a cancellation fee of INR. 50/- (Indian Rupees Fifty only). Cancelling four bookings in a day after driver allocation will temporarily suspend your account for 24 hours. Figures are subject to change.

Toll Charges: In case of a toll on your trip, return toll fare will be charged.

LABOUR SERVICES

• You acknowledge that the extra charges (as visible in the Invoice) for the Labour Service shall be payable by you.

            You acknowledge that the Labour Service is provided only for ground floor to ground floor loading/unloading.

• You acknowledge that the ground floor movement (distance between the transport vehicle and the loading/unloading point) shall not exceed 25 metres.

• You agree that you shall be present in person at the time of loading/unloading of Consignment. If you are not available, an authorised representative must be present.

• You agree that BIJILI shall not be liable for misbehaviour of the labour during the loading/unloading. However, you are requested to bring to the notice of Company such incidents. The Company, in its sole discretion, may take action in such matters.

CONFIDENTIALITY

User(s) shall not disclose any information received under the contract of service with BIJILI to any third party. Access to any information which pertains to business of BIJILI shall be kept confidential to the extent it might adversely impact BIJILI’s business. User(s) shall be liable to indemnify BIJILI against any loss of business or reputation due to the act of the user(s).

DISCLAIMER

All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is hereby made expressly clear to you that the Company does not own any vehicle nor it directly or indirectly employ any driver for the vehicles or Labour for loading/unloading of Consignment. Vehicles, drivers and Labour are all supplied by third parties and the Company disclaims any and all liability(ies) in respect of the Labour, drivers and the vehicles alike.

The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By giving us your consignment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the consignment or the performance of other Services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your consignment or perform other Services as well as our employees, directors and agents. Only one of our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the consignment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.

YOUR OBLIGATIONS

• You warrant, undertake and guarantee to us:

• The contents of the consignment (including but not limited to weight and number of items) have been properly described on our consignment note and that the Consignment Note is complete in all respects and the documents as required for the transporting the consignment including invoice, permits are enclosed with the Consignment Note.

• That the contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with Applicable Law and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under Applicable Law.

• That all statements and information and documents provided by you relating to the Consignment will be true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the Consignment or any of its contents, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. You agree to indemnify us and hold us harmless from any claims that may be brought against us or our agents arising from the information provided by you.

• We are authorised to deliver the goods at the address mentioned on the Consignment Note and without prejudice to the foregoing it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract. We will be sending the delivery confirmation by SMS/e-mails, no-response within 24 hours would be considered as an affirmative to the delivery.

• You have declared the correct weight of the consignment and you will provide any special equipment we may need to load or unload the consignment on or off our vehicles.

• When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice

• Applicable Law has been complied with by you.

• You understand, agree and acknowledge that the Services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewellery, expensive luxury items etc. (“Valuables”). If you handover / load the vehicles with Valuables for transportation, any loss / damage / theft / misappropriation to / of the consignment shall be at your risk and not ours, for the reasons mentioned earlier and without prejudice, we shall not only have the right to explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage / loss / theft / misappropriation to/of the consignment or any contents of the consignment, but also the right to claim indemnification from you where we have suffered loss of reputation / goodwill due to your actions of breaching our terms of service.

• You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations.

• You certify that all statements and information you provide relating to the transportation of the consignment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the consignment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your consignment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the Services described in this condition.

• The customer agrees and acknowledges that the use of the Services offered by Company 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, merchantability and fitness for any purposes are excluded to the fullest extent permitted by Applicable Law. Without prejudice to the above, the Company makes no representation or warranties with respect to:

• The Services meeting the customer’s requirements.

• The Services will be uninterrupted, timely, secure, or error-free.

• Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of Services offered by Company or due to the failure of Company 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.

• Any liability for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

• Any additional or extra charges for far off locations & toll charges as well.

• Applicable Law has been complied with by you.

Circumstances beyond our control such as (but not limited to):

• Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters

• Force majeure including (but not limited to) war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.

• National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.

• Latent defects or inherent vice in the contents of the consignment.

• Criminal acts of third parties such as theft and arson.

• Your acts or omissions or those of third parties such as:

• You being in breach of (or any other party claiming an interest in the consignment causing you to breach) your obligations under these terms and conditions.

• The contents of the consignment consisting of any article that is a prohibited item / Dangerous Goods / Valuables even though we may have accepted the consignment by mistake or you have willingly handed it over to us without notifying / informing / declaring to us.

DANGEROUS GOODS / SECURITY

• Dangerous Goods

• We do not carry, nor perform other Services regarding, goods which are in our sole opinion Dangerous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other Services regarding, Dangerous Goods.

• We may at our discretion accept some Dangerous Goods for carriage, or for the performance of other Services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your consignment can be accepted. Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your consignment.

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

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

REJECTED CONSIGNMENTS

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

If user(s) terminates the agreement with BIJILI with respect to any consignment, user(s) shall be liable to pay BIJILI the entire fees and other expenses so incurred with respect to such consignment.

CLAIMS BROUGHT BY THIRD PARTIES

You undertake to us that you shall not permit any other person who has an interest in the consignment to bring a claim or action against us arising out of Carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and BIJILI with respect to access to and use of the web site and the Services offered by BIJILI, superseding any prior written or oral agreements in relation to the same subject matter herein.

 INSURANCE

• You understand, agree and acknowledge that if the consignment or any contents thereof are of the value exceeding INR 10,000/- (Indian Rupees Ten Thousand only), you shall get the consignment insured from any Insurance company operating in India before handing over the consignment for transportation. In absence of adequate insurance to cover loss of goods in transit or in absence of wrong or non-declaration of the consignment details / value, and whether insured or not, the transportation of the consignment shall be entirely at your risk and not ours and we explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage / loss / theft / misappropriation or any insurable loss to / of the consignment or any contents of the consignment and you further agree to indemnify us in all those cases where we have suffered loss of reputation / goodwill due to your actions of breaching our terms of service.

1. The customer will be required to indicate the accurate address for the delivery of the parcel/good and also an accurate return address in case the parcel/good cannot be delivered for any reason whatsoever at the delivery address.
2. It is clarified that the transit will commence from the moment the parcel/good is securely handed over to the Driver by the customer till the moment the Driver arrives at the delivery address or as near to the indicated delivery address as may be possible.
3. In the event the Driver is not able to deliver the parcel/good at the indicated address for any reason whatsoever then the Company shall not be liable for any damages arising to the parcel/goods while delivering the parcel/goods at the return address as provided by the customer.

 LIABILITY

1. The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.
2. The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that the website and/or application are free of errors, defects, malware and viruses or that the website and/or application are correct, up to date and accurate. The Company shall not be liable for any damage arising from the same.
3. The Company shall further not be liable for damages resulting from the use of or the inability to use the website or the application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
4. The quality of the Services requested through the use of the Platform is entirely the responsibility of the Driver who ultimately provides such Services to you and the Company is not liable for the same. However, any complaints about the Services provided by the Driver should be submitted to the Company by an email as notified from time to time.
5. The Company shall not in anyway be responsible for any claims raised by You in respect of the products/goods ordered by you in respect of the Delivery Services shall be at your own risk and the payment shall be settled directly between you and the Drivers. BIJILI does not assume any responsibility or liability whatsoever for any damage/deficiency or loss of the products/goods.

 INTELLECTUAL PROPERTY RIGHTS

1. The Company is the sole owner and lawful licensee of all the rights to the web site, Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Platform or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor’s as the case may be.
2. All rights not otherwise claimed under this Terms of Use or by the Company are hereby reserved. The information contained in this Platform and/or website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
3. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website or Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, 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.
4. All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
5. All the contents on this website and/or Platform is copyright of the Company except the third party content and link to third party website on our website and/or Platform.
6. Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.
7. You shall not do the following:

A) License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;

B) Modify or make derivative works based upon the Platform;

C) Create Internet “links” or “frame” or “mirror” any application on any other server or wireless or Internet-based device.

D) Reverse engineer or access the Platform in order to:

a)design or build a competitive product or service,

b)design or build a product using similar ideas, features, functions or graphics of the Platform, or

c)copy any ideas, features, functions or graphics of the Platform, or

d)launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.

 THIRD-PARTY LINKS

1. During the use of the website or the application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the website, the application and are beyond the Company’s control.
2. During use of the website and the application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party Drivers, advertisers or sponsors showing their goods and/or services through a link on the website or through the application or Service. These links take you off the website, the application and the Service and are beyond the Company’s control. You therefore visit or access these websites entirely at your own risk.
3. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

TERM & TERMINATION

1. The contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Platform installed on your mobile device, tablet or any electronic device capable of using the Platform thus disabling the use by you of the Platform and the Service.
2. The Company is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these Terms of Use, or (b) in the opinion of the Company, misuse of the Platform or the Service.
3. The Company is not obliged to give notice of the termination of the contract in advance. After termination the Company will give notice thereof in accordance with these Terms of Use.
4. Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

INDEMNITY

You will indemnify and hold the Company harmless, from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms of Use by you.

 GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

1. These Terms of Use shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
2. Subject to the provisions mentioned under, the Parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.
3. All disputes arising out of or in relation to these Terms of Use shall be settled amicably by the Parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
4. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.
5. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Bangalore, India.
6. The award of the arbitral tribunal shall be final and binding.

 ASSIGNMENT

You may not assign your rights under these Terms of Use without prior written approval of the Company.

 AMENDMENT

These Terms of Use may be amended from time to time and as and when required, at the discretion of the Company.

 SEVERABILITY

If any provision or any part of a provision of these Terms of Use is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision shall be severed from these Terms of Use and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these Terms of Use shall be valid and binding and of like effect as though such provision was not included herein.

 NOTICES

The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to your address on record in Company’s account information.

GST

• GST, as applicable, will be levied on the Invoice.

• Any information shall be considered only prospectively. Under no circumstances, will invoices be revised retrospectively for delay in providing GST registration information.

GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of the India, without regard to the principles of conflict of laws. The courts of [Bengaluru] shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection with these Terms of Service or any Services provided by us pursuant to these Terms of Service

GRIEVANCE OFFICER

In accordance the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Nodal/Grievance Officer are provided, any grievances under the said Rules, may have relevance with respect to the said Rules, its treatment or any grievance related to Services being availed at BIJILI, the request may be directed by the Authority under the said Rules, to such grievance officer.

grievances@bijilitaxi.in

DISCLAIMER

The information contained in this website and BIJILI App is for general information purposes only. The information is provided by BIJILI 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 / App or the information, products, services, or related graphics contained on the website / App 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 arising out of, or in connection with, the use of this website / App.

Through this website / App you are able to link to other websites which are not under the control of BIJILI. 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 portal up and running smoothly. However, BIJILI takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.