“www.vihik.com” (hereinafter, the ‘Website’), and Vihik (hereinafter, the ‘Application’) are owned and operated by Srimayi Innovations Private Limited(hereinafter the ‘Company’), a company formed as per the laws of India having its registered office at T Hub, Gachibowli, Hyderabad, India – 500032.
“We”, “Us”, “Our”, “Srimayi Innovations”, shall mean the Company.
“Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Site.
“You”, “Your”, “User” refers to the user of the site. “User” is anyone who is visiting, accessing or browsing the Site.
“Website” shall mean www.vihik.com, a Website through which the Company’s services shall be availed.
“Application” shall mean Vihik, an application through which the Company’s services shall be availed.
“Content” refers to any text, image, graphic, video, audio, location or all forms of data which are made available on the the Website and/or Application.
“Your Content” refers to any content submitted by way of registration or interaction by means of publishing or uploading content on the Site.
“Third Party” refers to any person other than the “User”, “Company”, “Application” or the “Website”.
3. ABOUT VIHIK.COM AND VIHIK
The Website and/or Application is primarily for any user (Hereinafter ‘VihikMembers’) who would like to avail the Company’s services, which include, but are not limited to, the following:
- Vehicle (cars) bookings which enable Users to be transported from one location to another,
- Parking and rental services which enable Users to park their cars at the Company’s registered locations in order to rent their cars out in order to receive monetary compensation for the same,
- The facilitation of Advertisements by the Company that Users can place on their vehicles in order to receive monetary compensation for the same,
- The provision of cars for hire, to be driven by the User, made available at the Company’s registered locations or at a location of the User’s choosing.
ELIGIBILITY AND ACCESS
For a Registered Member:
Members must register in order to avail the Company’s services by providing certain information, this information includes, but is not limited to, the following: Name, Address, Phone Number, Email ID, Payment Information (such as credit card, debit card, net banking information), Location, Details regarding the User’s Electronic Device, Picture, Vehicle Details (such as Vehicle Registration Number, Model, etc.)
As a member,you agree to receive promotional and transactional message on registering with your service. The Company may further, in its discretion terminate or end the relationship with any User with or without furnishing reasons for the same after settling all dues.
To User must register in order to avail the Company’s services, as described in Clause 3.
At any time during Your use of this Website and/or Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or the Company has reason to believe You have done so, We hold the right to permanently suspend Your account.
6. CONTENT ON THE WEBSITE AND/OR APPLICATION
You agree, undertake and confirm that your use of our service shall be strictly governed by the following binding principles:
You agree and understand that the Website and/or Application merely providestransportation solutions, and is in no manner responsible or liable for the User’s interaction with other third parties.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website and/or Application, including, without limitation, any usage rules set forth in this Agreement.
- You agree to comply with all local laws and regulations governing the use of automotive vehicles (such as a valid driver’s licence, speed limits, safety requirements, etc.), including, without limitation, any usage rules set forth in this Agreement.
- You understand and agree that any damage or loss caused to a vehicle hired by You for Your personal use from the Company in the course of Your use of said vehicle will be borne by You; further, any damage or loss caused to the vehicle while not in use but as a result of your negligence will also be borne by You. The Company has sole discretion in discerning the cause of said negligence.
- You understand and agree that in the even the car is damaged in an accident or is stolen, that such event must immediately be reported to the Company.
- You understand and agree to do a thorough internal and external check of the car or bicycle when receiving it from the Company, and that You must report to the Company any physical damage or discrepancy that you might find immediately.
- You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website and/or Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and/or Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
- access (or attempt to access) the Website and/or Application and/or the materials or Services by any means other than through the interface that is provided by the Website and/or Application. The use of deep-link, 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 Website and/or Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and/or Applications prohibited. You acknowledge and agree that by accessing or using the Website and/or Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website and/or Application. Further, You may report such offensive content.
- use the Website and/or Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation, the Authorized Device).
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft
- abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- engage in any activity that interferes with or disrupts access to the Website and/or Application or the Services (or the servers and networks which are connected to the Website and/or Application);
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website and/or Application or another's electronic device;
- download any file posted in the Website and/or Application that you know, or reasonably should know, cannot be legally distributed in such manner;
- probe, scan or test the vulnerability of the Website and/or Application, or any network connected to the Website and/or Application, nor breach the security or authentication measures on the Website and/or Application, or any network connected to the Website and/or Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website and/or Application, or exploit the Website and/or Application, or Service or information made available or offered by or through the Website and/or Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website and/or Application;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website and/or Application, systems resources, servers or networks connected to or accessible through the Website and/or Application, or any affiliated or linked Websites and/or Applications;
- violate any applicable laws or regulations for the time being in force within or outside India;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- disseminate information through the Website and/or Application that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside India;
Browsing and the use of this Website and/or Application is free of cost.
In order to book a vehicle for transportation, the User can pay a pre-set amount, or, can also avail of the Company’s bidding system, wherein the User places a bid of his/her choosing, and the booking shall go to the driver who accepts the bid at same price within one minute of the User making said bid. In the event that the bid is not accepted by any driver in that one minute, the User’s bid will fail and the User will have to bid again. The Customer will be notified about the said failure of his/her bid and will be given multiple options to change the price and bid again.
Complete payment is to be made after the User has availed the service and so there shall be no provisions for refunds of any manner, if the User is the party deciding his/her booking option.
Users can pay the total amount of the accepted bid at any point after the bid is accepted by a driver until the time the journey ends.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website and/or Application.
10. TERM AND TERMINATION
- These Terms will remain in full force and effect while you are a User of the Website and/or Application.
- You may cease to be a User at any time, for any reason, effective upon receipt by the Company of your written or email notice of termination, sent to the postal or e-mail address.
- The Website and/or Application may at any time by giving you reasonable notice, terminate the agreement with you, deny you access to the Website and/or Application and/or delete your Profile and/or any content you have submitted on the Website and/or Application.
- The Website and/or Application may immediately terminate the agreement with you, deny you access to the Website and/or Application and delete your Profile and any other Content you have submitted on the Website and/or Application in the event that you have breached these Terms. In the event of such termination no refund shall be payable by the Company.
11. DISCLAIMER OF WARRANTY &LIMITATIONS OF LIABILITY
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The website, application, services and other materials provided by this website and/or applicationare on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the company makes no warranty that
- Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
- Materials, information and results obtained will be effective, accurate or reliable;
Any errors or defects in the website, application, services or other materials will be corrected to the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.the user understands and agrees that any material or data downloaded or otherwise obtained through the website and/or applicationis done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her electronic systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. The company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
We shall not be liable for any third party product or services. The advertisement available on e-mail, website orapplication with respect to the third party website or the products and services are for information purpose only.
You agree to indemnify, defend and hold harmless this company including but not limited to its affiliate vendors/drivers, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website and/or application, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
In no event shall the company, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, application, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13. GOVERNING LAW
In the unlikely event we end up in a legal dispute, it will take place in Hyderabad courts, applying Indian law.
You agree that the laws of the State of Andhra Pradesh, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of Hyderabad and we each agree to personal jurisdiction in those courts.
14. INTELLECTUAL PROPERTY RIGHTS
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website and/or Application, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website and/or Application, and solely for your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or processes accessible through the Website and/or Application, not to insert any code or product or manipulate the content of the Website and/or Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
You agree that the Company, automatically assigns this Agreement and information incorporated herein in to a User. You may not assign your obligations under these terms to another entity.
16. MISCELLANEOUS TERMS
- Independent Contractors: The Company is not an agent, employee or partner of the User or third parties.
- Modification of the Terms of Service: These terms of service may be modified from time to time to deliver better services or to intimate Users of the modified terms. It shall be the obligation of the User to acquaint himself or herself with the modified Terms of Service from going to the Website and/or Application and reading the terms of service from time to time. The Company agrees to inform the User either through email or a pop up on the main page if there have been any significant changes made to the terms of usage on the Website and/or Application.
- Waiver: A decision not to act against any User for any improper conduct does not prevent the Company from acting in any future case against the same or other Users.
- Severability: Any portion of this Agreement held unenforceable by a Court of law shall not affect the operation of any other portion of the Agreement, and the rest of the Agreement shall be read in such a way as to be compliant with all applicable laws.
- Dispute Resolution: All disputes will be resolved amicably by mediation or negotiation, following which they shall be referred to arbitration, as per the Arbitration and Conciliation Act, 1996. The seat of the arbitral proceedings shall be Hyderabad and the venue of the same shall be Hyderabad. The matter shall be referred to a sole arbitrator as selected by Company. The arbitral award shall be final and binding on both parties.
17. CONTACT US
If you have any questions about this Agreement, the practices of the Company, or your experience with the Website and/or Application, you can e-mail us at firstname.lastname@example.org