This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Veeway Infotech Private Limited via Carter App & Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your") and Veeway Infotech Private Limited, a company incorporated under the Companies Act 1956 with its registered office at Door no; 483/4, MM buildings, Phase-2, Dr.Rajendra prasad road, Gandhipuram, Coimbatore - 641012, Taminadu, India. ("Veeway Infotech Private Limited" "we," or "our") that governs your use of the search services offered by Veeway Infotech Private Limited through its website https://carter.co.in & Carter APP. ("Website"), telephone search, SMS, WAP or any other medium using which Veeway Infotech Private Limited may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms of Use ("Terms").
CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
HOW YOU MAY USE OUR MATERIALS: We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, Veeway Infotech Private Limited is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Veeway Infotech Private Limited.. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Veeway Infotech Private Limited, its subsidiaries, parent companies, and/or any third party owner of such rights.
HOW YOU MAY USE OUR MARKS: The Veeway Infotech Private Limited company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Veeway Infotech Private Limited or its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any Veeway Infotech Private Limited name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Veeway Infotech Private Limited. Requests for authorization should be made to [email protected]
HOW WE MAY USE INFORMATION YOU PROVIDE TO US: Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
REVIEWS, RATINGS & COMMENTS BY USERS:
Since, Veeway Infotech Private Limited provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the Veeway Infotech Private Limited services and also about the Advertiser's listed at Veeway Infotech Private Limited is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by Veeway Infotech Private Limited and any materials you add to the Site or add to any mediums offered by Veeway Infotech Private Limited, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). Veeway Infotech Private Limited does not endorse or accept any of your Communication as representative of their (Veeway Infotech Private Limited) views. By transmitting any public Communication to the Site, you grant Veeway Infotech Private Limited an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to Veeway Infotech Private Limited . You hereby waive and grant to Veeway Infotech Private Limited all rights including intellectual property rights and also "moral rights" in your Communications, posted at Veeway Infotech Private Limited through any of the mediums of Veeway Infotech Private Limited. Veeway Infotech Private Limited is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also Veeway Infotech Private Limited reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
Veeway Infotech Private Limited has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Veeway Infotech Private Limited cannot review all Communications made on and through any of the mediums of Veeway Infotech Private Limited. However, Veeway Infotech Private Limited reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Veeway Infotech Private Limited in its sole discretion deems inappropriate, offensive or contrary to any Veeway Infotech Private Limited policy, or that violate this terms:
Veeway Infotech Private Limited reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
1. is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
2. constitutes or contains false or misleading indications of origin or statements of fact;
3. slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
4. causes injury of any kind to any person or entity;
5. infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
6. violates any applicable laws, rules, or regulations;
7. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. impersonates another person or entity, or that collects or uses any information about Site visitors.
9. It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Veeway Infotech Private Limited reserves the right to take appropriate legal action against you. Further, you shall indemnify and protect Veeway Infotech Private Limited against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Veeway Infotech Private Limited takes no responsibility and assumes no liability for any content posted by you or any third party on Veeway Infotech Private Limited site or on any mediums of Veeway Infotech Private Limited.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Veeway Infotech Private Limited.
PRIVACY POLICY:
Veeway Infotech Private Limited is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY
CONTENT DISCLAIMER:
Veeway Infotech Private Limited communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms Veeway Infotech Private Limited has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .
Veeway Infotech Private Limited 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 Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Veeway Infotech Private Limited. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by Veeway Infotech Private Limited or its affiliates. Veeway Infotech Private Limited does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by Veeway Infotech Private Limited.
Veeway Infotech Private Limited and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Veeway Infotech Private Limited will at no point of time be responsible for the accuracy or correctness of such information. Veeway Infotech Private Limited reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).
Veeway Infotech Private Limited also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, Veeway Infotech Private Limited is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
WARRANTY DISCLAIMER:
Please remember that any provider of goods or services is entitled to register with Veeway Infotech Private Limited. Veeway Infotech Private Limited does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Veeway Infotech Private Limited has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Veeway Infotech Private Limited disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.
THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE / APP ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Veeway Infotech Private Limited DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. Veeway Infotech Private Limited DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Veeway Infotech Private Limited DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
DISCLAIMER for "Veeway Infotech Private Limited / Veeway Infotech Private Limited Verified stamp, Veeway Infotech Private Limited Trusted Stamp", "Veeway Infotech Private Limited GUARANTEE" and "Veeway Infotech Private Limited’s Right"
"Veeway Infotech Private Limited/Veeway Infotech Private Limited verified" means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with Veeway Infotech Private Limited. This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer E-Registration Form.
"Veeway Infotech Private Limited Trusted Stamp" indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the Drivers/vendors/service providers. “Veeway Infotech Private Limited Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.
Veeway Infotech Private Limited strongly recommends to its users/callers to verify all relevant details of Drivers/vendors/services prior to availing any products/services from them. Veeway Infotech Private Limited does not implicitly or explicitly endorse any product/s or services provided by the Drivers/vendors/service providers.
The "Veeway Infotech Private Limited Guarantee" and "Veeway Infotech Private Limited’s Right" is a limited assurance offered by Veeway Infotech Private Limited that the name and contact information of the advertiser and the category in which the advertiser is listed by Veeway Infotech Private Limited, have been verified as existing and correct at the time of the advertiser's application to register with Veeway Infotech Private Limited. Veeway Infotech Private Limited makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.
ADDITIONAL DISCLAIMER:
Users using any of Veeway Infotech Private Limited service across the following mediums ie. through the internet ie https://carter.co.in & Carter APP. Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with Veeway Infotech Private Limited.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Veeway Infotech Private Limited does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Veeway Infotech Private Limited .Further, Veeway Infotech Private Limited is not at all responsible for any act of Advertiser/s listed at Veeway Infotech Private Limited.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL Veeway Infotech Private Limited BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF Veeway Infotech Private Limited ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. Veeway Infotech Private Limited DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES:
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.
MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. Veeway Infotech Private Limited may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms . However, anyone using the Platforms agrees that Veeway Infotech Private Limited may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Veeway Infotech Private Limited reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. DELETIONS FROM SERVICE: Veeway Infotech Private Limited will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. Veeway Infotech Private Limited reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of Veeway Infotech Private Limited, may be, defamatory, infringing or violate of applicable law. Veeway Infotech Private Limited reserves the right to exclude Material from the Platforms. Materials submitted to Veeway Infotech Private Limited for publication on the Platforms may be edited for length, clarity and/or consistency with Veeway Infotech Private Limited's editorial standards.
INDEMNIFICATION:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
MISCELLANEOUS:
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the reminder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Veeway Infotech Private Limited. Veeway Infotech Private Limited reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Veeway Infotech Private Limited reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: Veeway Infotech Private Limited, 483/4, MMBuilding, Phase-2, Dr.Rajendra prasad road, Gandhipuram, Coimbatore - 641012..
Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach thereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising/Listing may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in the English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Coimbatore-Tamilnadu, India.
Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.
In relation to any complaints or concerns, you can visit our online customer care page Or email to us at "[email protected]" or call on our Customer support No. 90429 69763.
Terms Of Use For Search Services
YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between You ("you”,” your" or “user”) and Veeway Infotech Private Limited. ("Carter APP" "Veeway Infotech Private Limited" "we," or "our") that governs your use of the search, booking/request services or any other services offered by Carter through its website https://carter.co.in & Carter APP. ("Website"), telephone search, SMS, WAP, APP or any other medium (collectively "portal" ). Use of the portal is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Veeway Infotech Private Limited at its sole discretion and posted on the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE PORTAL INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF Veeway Infotech Private Limited AND Drivers / Vendors, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING:
1) Membership Eligibility
Use of the Portal is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvent etc. are not eligible to use the Website/App. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Veeway Infotech Private Limited portal and shall not transact on or use the website/App. As a minor if you wish to use or transact on a website/App, such use or transaction may be made by your legal guardian or parents on the Website/App. Veeway Infotech Private Limited reserves the right to terminate your membership and / or refuse to provide you with access to the Website/App if it is brought to Veeway Infotech Private Limited’s notice or if it is discovered that you are under the age of 18 years.
Subject to compliance with the Terms of Use, Veeway Infotech Private Limited grants you a non-exclusive, limited privilege to access and use the portals and the Services provided therein.
2) Your Account and Responsibility
If You use the Website/App, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website/App and refuse to provide you with access to the Website/App.
3) Transaction at Veeway Infotech Private Limited Portal
i) Veeway Infotech Private Limited portal facilitates Driver/Vendor and Users to interact with each other for the purposes of personal/commercial/contractual transportations, transactions for local, Outstation and Rental. In this transportations/transactions Veeway Infotech Private Limited is acting as an intermediary, by creating a bridge between Driver/Vendor and Users of Veeway Infotech Private Limited enabling users to place orders/bookings/requests through various portals.
ii) All personal/commercial/contractual terms are offered by and agreed to between You and Driver/vendor alone. The personal/commercial/contractual terms include without limitation price, Waiting Fare, shipping costs, payment methods, payment terms, date, period, Mode of Transportation and mode of delivery, warranties related to products and services and after sales services related to products and services. Veeway Infotech Private Limited does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such personal/commercial/contractual terms between the User and Driver/Vendor.
iii) Veeway Infotech Private Limited does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or proposed for transportation with people or Goods on the portal or offered to be sold or purchased on the Portal. Veeway Infotech Private Limited does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Veeway Infotech Private Limited accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
iv) Veeway Infotech Private Limited is not responsible for any non-performance or breach of any contract entered into between You and Driver/Vendor. Veeway Infotech Private Limited cannot and does not guarantee that the concerned Driver/Vendor and/or You will perform any transportation concluded on the Veeway Infotech Private Limited portal. Veeway Infotech Private Limited shall not and is not required to mediate or resolve any dispute or disagreement between Driver/Vendor and You.
v) Veeway Infotech Private Limited does not at any point of time during any transportation between Driver/Vendor and You on the Portal come into or take possession of any of the Vehicle transportation, products or services offered by Driver/Vendor nor does it at any point gain title to or have any rights or claims over the Vehicle transportation, products or services offered by Driver/Vendor to You.
vi) Veeway Infotech Private Limited through its platform is acting as an intermediary between You and Driver/Vendor by facilitating the online ‘Search & Booking Vehicle Services’ for the users. These Search & Booking vehicle Services are aimed at making several day to day tasks conveniently actionable and accessible to the users.
vii) Veeway Infotech Private Limited is only providing a platform for the purposes of transaction and communication, Transportation for people & Goods and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and Driver/Vendor.
viii) At no time shall Veeway Infotech Private Limited hold any right, title or interest over the products nor shall Veeway Infotech Private Limited have any obligations or liabilities in respect of any transaction between You and Driver/Vendor. Veeway Infotech Private Limited is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.
ix) Prices mentioned on the Veeway Infotech Private Limited portal are subject to change. You are hereby advised to check with Driver/Vendor for the final price, availability of the vehicles, Services and Waiting charges (if applicable)
x) Pricing on any Service(s) as is reflected on the portal may due to some technical issue, typographical error or Vehicle information published by Driver/vendor may be incorrectly reflected and in such an event Driver/vendor may cancel such your order / Booking(s).
xi) If the calculation of pricing of any product is insufficient to cover the actual cost of vehicles/services which is paid by the Drivers/vendors to its customers/supplier, then the Driver/vendor is not obligated to fulfill the transaction placed by you. Where the Driver/vendor chooses not to absorb the additional fee, Driver/vendor will notify you that the calculations are different from real costs and may offer you the option of paying the difference and going ahead with the transactions placed by you. You may choose to proceed and pay the higher delivery fee or cancel the transaction placed at Veeway Infotech Private Limited portal.
4) Mode of payment
ii) Users may choose to make the payment for the Vehicles/Services/Products through their valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment against any transaction being effected at the portal. Users shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. Veeway Infotech Private Limited shall not be liable and responsible for any credit/debit or any other card frauds, misuse of User’s card or any unauthorized payment transactions which have been processed by User’s Bank / third party payment processor.
iii) User accepts and acknowledges that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. Veeway Infotech Private Limited will not process, store or transmit credit/debit or any other card related information or any banking related information at its portal.
iv) In such an event, Veeway Infotech Private Limited’s policy is to redirect users to a payment processing portal hosted by a third party payment processor.
v) Veeway Infotech Private Limited will take adequate encryption and security measures to maintain the data secured generated via portal and it shall maintain high standards in relation to providing secure services to Users using Veeway Infotech Private Limited portal.
5) Charges
Membership on the Website is free for You. Veeway Infotech Private Limited does not charge any fee for browsing and booking from any of its portals however, we reserve our right to charge the fee and/ or change fee policy as may be applicable from time to time.
6) Returns or Refunds
If at any time you are not satisfied with the quality of the services you have used, you may call customer care number 9042969763 of Carter wherein your complaint will be noted and will be forwarded to the respective Driver/Vendor for its resolution or you can complain to the Driver/Vendor directly and may claim for a credit, replacement or refund of the purchased damaged or incorrect product. Further, you hereby confirm and agree that you will not have any right to claim or allege anything against Veeway Infotech Private Limited in respect of the Bookings/services which are provided to you by the Driver/Vendor.
7) Cancellation and Modification
Cancellation or modification of any Order made through Carter shall be strictly in accordance with the respective Driver/Vendor’s cancellation policy, including with respect to refund. You may directly contact the respective Driver/Vendor and/or Carter customer care 9042969763 for processing any requests pertaining to cancellation or modification of Orders. The cancellation and modification request made by you to Carter customer support will be forwarded to the respective Driver/Vendor for the resolution.
8) Content disclaimer
We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website/App, or any third-party advertisements and we expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website/App should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website/App. Your use of or reliance upon such third-party websites is at your own risk.
We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website/App is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
Veeway Infotech Private Limited 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 portal. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All those sections in the portal that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Veeway Infotech Private Limited will at no point of time be responsible for the accuracy or correctness of such information. Veeway Infotech Private Limited reserves the absolute right to accept/reject information from readers and/or users and impose portal access rules and regulations for any user(s).
While every attempt has been made to ascertain the authenticity of the content in the portal, Veeway Infotech Private Limited is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the portal including but not limited to any decisions based on content in the portal resulting in loss of data, revenue, profits, property, infection by viruses etc.
9) Warranty Disclaimer:
Any provider of Vehicles or services is entitled to register with Veeway Infotech Private Limited. Veeway Infotech Private Limited provides the transportation of people/goods/services related information on its portal which has been provided/shared by Drivers/vendors. Before availing any transportation of people/goods/services you must satisfy yourself about all relevant aspects prior to placing an order for goods or services or before entering into any transaction. Veeway Infotech Private Limited has also not negotiated or discussed any terms of engagement with any of the Driver/Vendor. Booking, purchasing and availing goods and services from Driver/Vendor shall be at your own risk.
We do not represent the accuracy, legality, legitimacy, validity or reliability of any transportation/services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the portal.
References that we make to any names, marks, transportation vehicles/services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the portal.
THE MATERIAL/INFORMATION/SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT UNLESS OTHERWISE AGREED BY Veeway Infotech Private Limited IN WRITING. Veeway Infotech Private Limited DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PORTAL AND MATERIALS. Veeway Infotech Private Limited DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Veeway Infotech Private Limited DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, TRANSPORTATION, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PORTAL SUBJECT TO APPLICABLE LAW.
10) Disclaimer for "Veeway Infotech Private Limited GUARANTEE"
The "Veeway Infotech Private Limited Guarantee" is a limited assurance offered by Veeway Infotech Private Limited that the name and contact information of the Driver/vendor and the transportation vehicle/service category in which the Driver/vendor/products/services are listed by Veeway Infotech Private Limited, have been verified as existing and correct at the time of the receipt of the Driver/vendor’s application to register with Veeway Infotech Private Limited. Veeway Infotech Private Limited makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the Driver/vendor, or the quality, quantity, merchantability or fitness for use of the Transportation or services offered by the Driver/vendor.
11) Additional Disclaimer:
Users (You) using any of Veeway Infotech Private Limited service across the following portal i.e. through internet Website/App (https://carter.co.in & Carter APP.), WAP, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before You (Users) rely, act upon, make any bookings or enter into any transaction with the Driver/vendor listed with Veeway Infotech Private Limited.
All the users are cautioned that all and any information/products or services of whatsoever nature provided or received from the Seller is taken in good faith, without least suspecting the bonafide of the Driver/vendor and Veeway Infotech Private Limited does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Driver/vendor listed with Veeway Infotech Private Limited. Further, Veeway Infotech Private Limited is not at all responsible for any act of Driver/vendor listed at Veeway Infotech Private Limited or any claims arising owing to or pursuant to such acts of the Driver/vendor.
12) IPR Infringement
If you notice that any Intellectual Property right has been violated by any of our Driver/vendor, you may follow the process as may specified under the infringement policy.
13) Unlawful Activity
We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your registration data, usage history, posted materials, IP addresses and traffic information etc.
14) Risk and Title
Risk in the transportation/services passes to you upon delivery of the transportation/services to the delivery address by the Driver/vendor. Veeway Infotech Private Limited does not have any liability and you shall have no claim against Veeway Infotech Private Limited, for any loss or damage that the transportation/services provided to you may have suffered during transit.
15) Indemnity
You agree to indemnify, defend and hold harmless Veeway Infotech Private Limited including but not limited to its affiliate Driver/Vendor, 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 Veeway Infotech Private Limited 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 Use. Further, You agree to hold Veeway Infotech Private Limited harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website/App, any claim that your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
In no event shall Veeway Infotech Private Limited, its officers, directors, employees, partners or suppliers be liable to you, the Driver/Vendor 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 Veeway Infotech Private Limited has 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/App, Services or materials.
16) Limitation of liability:
You acknowledge that Veeway Infotech Private Limited is an "as is site/App" and that Veeway Infotech Private Limited is not making and has not made any warranty or representation as to suitability, merchantability, quality of the products/services which will be supplied or delivered by its Driver/vendor for any particular purpose. You agree that in using Veeway Infotech Private Limited, You are not relying on any statement or representation made by Veeway Infotech Private Limited which is not expressly contained in this Agreement.
IN NO EVENT SHALL Veeway Infotech Private Limited BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PORTAL: FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF Veeway Infotech Private Limited is AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PORTAL, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PORTAL. Veeway Infotech Private Limited DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PORTAL OR OTHER MATERIAL ACCESSIBLE FROM THE PORTAL.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PORTAL AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY.
Notwithstanding anything to the contrary, Veeway Infotech Private Limited's entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific product or service, under which the liability arises.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
17) Changes:
We may periodically change the Terms and the Website/App without notice, and you are responsible for checking these Terms periodically for any revisions. All amended Terms become effective upon our posting to the Website/App, and any use of the Website after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, please refrain from using the services offered by the Website/App. If following any such change or modification you continue to use the Website/App or content, you will be deemed to have accepted those changes or modifications and no specific consent will be required.
18) Privacy Policy:
Veeway Infotech Private Limited is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website/App. To read our privacy policy statement regarding such personal information please refer to PRIVACY POLICY.
You hereby confirm and acknowledge that the contact details, age and other details provided by you to Veeway Infotech Private Limited are accurate and can be used and forwarded by Veeway Infotech Private Limited to the Driver/Vendor for which the call or enquiry has been made by you to Veeway Infotech Private Limited.
19) General Instructions
Drivers/Vendor’s listed at Veeway Infotech Private Limited portal who have processed and delivered your ordered bookings/services are solely responsible for quality, delivery and billing of the goods/services. Veeway Infotech Private Limited only acts as a channel between you and the Driver/Vendor.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the portal or its content for any particular purpose.
We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website/App, or the Website/App’s inability to meet your needs.
We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the portal, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your Mobile / computer system which may arise in connection with your use of the Website/App or any linked website/App.
20) Force Majeure
Veeway Infotech Private Limited and its registered Drivers/vendors will not be liable for breach of these Terms to the extent caused by or arising from prohibition, or restriction by law, or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.
21) Arbitration:
In the event a dispute arises between you and Veeway Infotech Private Limited as per these Terms, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Coimbatore-Tamil Nadu. The arbitration shall be conducted by a sole arbitrator appointed by Veeway Infotech Private Limited. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
22) Governing Law and Jurisdiction:
These Terms shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Coimbatore-Tamil Nadu, India.
23) Provisions are severable.
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
Please exit Veeway Infotech Private Limited’s Website/App, if you don't agree to these Terms,
If you have any questions or concerns about this Agreement please contact us - 8344982449 for more information.
This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Veeway Infotech Private Limited's service via Veeway Infotech Private Limited Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
This Terms Of Service guides the contractual relation between Drivers/Vendors (hereinafter called as "Vendor"/"Service Provider", "You" or "Your") and Veeway Infotech Private Limited (hereinafter called as Veeway Infotech Private Limited,) and it governs the services offered by Veeway Infotech Private Limited through its website (https://carter.co.in & Carter APP.), phone Search, SMS, WAP, APP or any other medium (collectively called "Portals" ). Veeway Infotech Private Limited offers you its services only on the Terms and any amendments made under this Terms of Service. Veeway Infotech Private Limited’s endeavor will be to send the Terms of Service to you on your registered email ID and/or mobile number via Emails/Sms/WhatsApp and the same is also published on Veeway Infotech Private Limited’s website at https://carter.co.in & Carter APP./ Terms-of-Use / Service-for Listing Service.
INTRODUCTION : The Services (defined hereinafter) of 'Veeway Infotech Private Limited' is provided by Veeway Infotech Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at MM Building, Phase-2, Dr.Rajendra prasad road, Gandhipuram, Coimbatore - 641012 ("Veeway Infotech Private Limited"). Veeway Infotech Private Limited carries on the business of providing information about Vendors (defined hereinafter) of various vehicles and services ("Information") in selected towns and cities in India ("Service") to end users. Carter is a local search engine for Retail Bike delivery, Grocery & Food delivery service via Vehicles delivery booking, and it primarily provides Listing services to its Callers/Users as per their requirements & searches made on Veeway Infotech Private Limited’s portals in as much as this terms of use is concerned as applicable to the drivers/vendors. Veeway Infotech Private Limited search service is available to users through multiple platforms via Mobile App, Internet, mobile internet, telephone (voice, text & SMS). Veeway Infotech Private Limited is merely a medium which connects the general public with driver/vendor’s transportation service vehicles (goods and services) listed on Veeway Infotech Private Limited, however, at the same time it does not intend to guarantee any business/service to such Drivers/Vendors. The Driver/Vendor details as provided by them are specified in the listing available at Veeway Infotech Private Limited's portals. Veeway Infotech Private Limited's objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users ("hereinafter referred as Callers/Users") of the Service are persons who may want to Book vehicles for their Transportation of people / goods / avail services and are seeking information about the Drivers/Vendors of such Transportation services. These Terms of Service (defined below) and the invoice mentioned in Clause 13 constitute the entire understanding/Contract) between Veeway Infotech Private Limited and the Drivers/Vendors.
INTERPRETATION :
(a) Contract means this Terms of Service together with all Schedules and Annexures (if any);
(b) References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
(c) The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
(d) The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
(e) Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words "including" and "includes" herein shall always mean "including, without limitation" and "includes, without limitation", respectively.
SUBSCRIPTION:
Drivers/Vendors may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their Vehicles for the transportation/Services or business. Veeway Infotech Private Limited will provide only the Information about the Driver/Vendor to the Users in the manner provided for in these Terms. Driver/Vendor agrees and acknowledges that Veeway Infotech Private Limited does not guarantee any business to the driver/vendor and is merely a medium through which information is made available to the general public.
GENERAL TERMS :
(i) These Terms of Service, including any Invoice, Annexures etc. together will be referred to as "Contract/ Terms of Service". This Terms of Service will override any previous understanding (whether written or oral) between the Vendor and Veeway Infotech Private Limited on the subject matter hereof. The Terms Of Service shall be valid and effective for 1 (one) year or more from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of Service subject to the timely receipt of the payment. The Service would automatically stand renewed unless (a) the Driver/Vendor intimates Veeway Infotech Private Limited by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 1 (one) year tenure, expressing their intention not to renew the Service or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Vendor as to non-renewal after the expiry of the 1 (one) year/month tenure or unless terminated earlier by either Party, the Service would stand automatically renewed on terms specified herein. By agreeing to the terms of the Contract, the Vendor shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. Veeway Infotech Private Limited is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Vendors. It shall be the sole responsibility of the Vendors to visit the Website/App and update themselves of the modifications/changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Vendor.
(ii) Subject to terms set out in Clause above, it is clarified that the manual renewal of the Service will also be subject to sufficient validity & credit balance of Vendor being available in the Vendor’s account with Veeway Infotech Private Limited.
(iii) The Manual renewal of the Service is subject to the absolute discretion of Driver/Vendor. The amount mentioned in the Invoice along with any other document which forms a part of this Terms of Service, Total Fee is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of Veeway Infotech Private Limited. The Driver/Vendor’s by making the payment as raised in the invoice confirms the acceptance of Terms of Service as set out herein, for availing the service from Veeway Infotech Private Limited.
(iv) It is clarified that, irrespective of whether the Driver/Vendor has registered or not registered their entity/ firm's contact numbers in the "Do Not Call" registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon acceptance of the Terms Of Service, the Driver/Vendor would be deemed to have given their consent and authorized Veeway Infotech Private Limited to share the Driver/Vendor’s details and contact numbers for business and promotional purpose with Users of the Service and for other business purposes of Veeway Infotech Private Limited. Further the Driver/Vendor, by accepting the Terms of Service, has given his consent to Veeway Infotech Private Limited to contact him for any business promotion of Veeway Infotech Private Limited. The Driver/Vendor confirms that Driver/Vendor shall carry out all the obligations as specified in the Terms of Service. The Driver/Vendor also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Driver/Vendor. In the event the Users are unable to contact the Driver/Vendor it would not be deemed to any deficiency in the Services rendered by Veeway Infotech Private Limited. The Driver/Vendor undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or Veeway Infotech Private Limited will not face any difficulty in contacting the Driver/Vendor.
INFORMATION DISSEMINATION :
Veeway Infotech Private Limited currently disseminates Information to the Users through different platforms, via Mobile App, Website, telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and Whatsapp. Veeway Infotech Private Limited may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.
DRIVER/VENDOR LISTINGS:
This refers to the various kinds of Listings Service that can be selected by the Driver/Vendor. Veeway Infotech Private Limited provides the following kinds of listings Service ("Listings"): (a) Passenger Vehicles (b) Delivery Vehicles (iii) Restaurants (iv) Grocery stores (v) Packers & Movers (vi) Travels & Tours as may be introduced by Veeway Infotech Private Limited from time to time and or as mentioned in the invoice or the proposal forms as the case may be.
LISTING/ SERVICE AND OTHER FEES:
a) The Driver/Vendor agrees/undertakes to pay advance and non-refundable Listing/Service Fee and other applicable charges/fees for any additional feature/upgraded services /facility etc. as availed by the driver/vendor from time to time. The applicable charges/commercials will be determined by Veeway Infotech Private Limited at its sole discretion. Veeway Infotech Private Limited on the receipt of such fees from the Driver/Vendor, will send the e-invoice to the registered mobile number & email ID of the respective Driver/Vendor or their authorized person on their registered contact details. Veeway Infotech Private Limited reserves its right to recover such applicable fees, cost, expenses and taxes etc from time to time. Driver/Vendors agree/understand that they do subscribe to the manual monthly/annual payments & to get uninterrupted services.
b) The Driver/vendor/service provider can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy monthly payment options as available. If driver/vendor/service provider opts to pay the fee/consideration by paying monthly payment, under such payment schemes, the vendor/service provider shall be liable to pay to Veeway Infotech Private Limited the initial amount (including applicable Tax), at the time of registration of listing services and the balance payment can be paid through the various payment modes such as Gpay, Online payment gateway. Veeway Infotech Private Limited reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://carter.co.in & Carter APP. Terms-of-Use /Service for Listing Services with or without notice to you. Driver/Vendor/Service Provider are advised to check the Terms at regular intervals to receive uninterrupted services.
c) The drivers/vendors shall furnish the KYC documents or any other documents, as may be required by Veeway Infotech Private Limited, on or before the subscription / Membership / account activation. For the purpose of clarity, KYC documents include, (1) Driver Photo; (2) the driving license; (3) RC Book; (4) Copy of Aadhar Cards; (5) Vehicle Image; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card. In addition to aforesaid, the driver/vendors also needs to furnish the documents relating to the business listing such as, Certificate of incorporation, PAN Cards of the company, Registration certificate, GST certificate, Shop & Establishment certificate, or any other Government certificate issued to running their business.
PAYMENT MODES:
i) Veeway Infotech Private Limited allows the Driver/Vendor to make the payments for the Listing Services, including the payment of the Service/Listing Fee, i.eThe Total Fee excluding Service Fee/ Subscription Fee via Website / APP integrated Online payment gateway by way any of the Gpay, Card payment & Netbanking availing integrated online payment gateway at the website/App.
(ii) It is hereby clarified that Veeway Infotech Private Limited does not encourage/prefer that payments be made in cash. Any cash payments made by the Driver/Vendor pursuant to Terms of Service with Veeway Infotech Private Limited, shall be at the sole risk of the Driver/Vendor, without any recourse to Veeway Infotech Private Limited. Drivers/Vendors shall not share to any employee of Veeway Infotech Private Limited any banking related information or any information that is considered to be sensitive personal information within the meaning of Information Technology Act, 2000 as amended or any other law for the time being in force.
iii) Payments can be made by the Driver/Vendor either weekly, fortnightly, monthly, quarterly and half-yearly as directed by Veeway Infotech Private Limited. Veeway Infotech Private Limited shall make best efforts to activate the Terms Of Service within 14 (Fourteen) working days from the date of receipt of the Service Fee and relevant documents into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However Veeway Infotech Private Limited will not be liable in any manner for any delay in activating the Service of Driver/Vendor.
LUMP SUM PAYMENT MODE:
Drivers/Vendors who pay the lump sum amount while availing the services under such payment mode the tenure of the Service will be equivalent to the amount paid by the Driver/Vendor.
ISSUANCE OF INVOICE/ANNEXURES:
a) On receipt of the consideration, the services shall be activated Once the services is activated Veeway Infotech Private Limited shares the invoice to the Drivers/Vendors on their registered email ID and/or mobile number via email/sms & other electronic modes along with an invoice & other details as may be required.
b) Invoice is valid subject to timely realization of the payment.
PRIORITY OF INFORMATION ABOUT VENDORS:
For Veeway Infotech Private Limited, providing Information that is relevant to the User is a priority. The User may or may not identify the location and category in respect of which he is seeking Information and Veeway Infotech Private Limited will provide such Information (subject to availability of such information) based on such choice of the Users. Amongst the Drivers/Vendors who fall within the parameters identified by the User, Information about Drivers/Vendors registered with Veeway Infotech Private Limited, that is, the Drivers/Vendors is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Drivers/Vendors i.e., determined on the basis of the listing selected by the Driver/Vendor and on the basis of Total Fee to be paid by the Driver/Vendor. Nothing contained in the herein, shall be deemed to restrict or prevent Veeway Infotech Private Limited from providing Users with Information about other Drivers/Vendors whether in priority to the Drivers/Vendors or otherwise, as Veeway Infotech Private Limited may in its sole discretion determine. The Driver/Vendor acknowledges that Veeway Infotech Private Limited will merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Driver/Vendor.
NO GUARANTEE OF BUSINESS:
Veeway Infotech Private Limited does not guarantee that enquiries/leads will be generated by it for the Driver/Vendor or that any of such enquiries/leads will be converted into business for the Driver/Vendor.
NO MARKETING:
Veeway Infotech Private Limited is not obliged and does not market the offerings of Driver/Vendor and shall not be obliged to recommend Driver/Vendor to the Users. Veeway Infotech Private Limited’s obligation under the contract is limited to the obligations explicitly set out herein and in no event does Veeway Infotech Private Limited undertake to generate or guarantee Enquiries or business to the Driver/Vendor.
INDEMNIFICATION:
Driver/Vendor shall defend, indemnify, and hold harmless Veeway Infotech Private Limited, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses (without limitation to reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:
a) breach of any provision or non-performance of any of its obligations under this Terms of Service;
b) by reason of any infringement of third party rights (including intellectual property rights);
c) any representation and warranty given by Driver/Vendor under this Terms of Service being found to be untrue, false or incorrect; or
d) anything done or omitted to be done due to gross negligence, wilful default or wilful misconduct of the Driver/Vendor or any of its officers, directors, employees or agents or
e) any third party claims or liability arising out of or related to Driver/Vendors' Ads or Services.
CONFIDENTIALITY AND RELATED OBLIGATIONS:
The Driver/Vendor shall keep any information regarding the Users of the Service ("User Information") confidential both, during the subsistence of this Terms Of Service and after its termination. The Driver/Vendor shall not, without the prior written consent of Veeway Infotech Private Limited, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Driver/Vendor is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event Veeway Infotech Private Limited is made aware of any such practice of the Driver/Vendor in violation of the terms of this Terms Of Service, Veeway Infotech Private Limited shall be entitled to terminate the Services as well as initiate such legal proceedings against the Driver/Vendor, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
DRIVER/VENDORS’ OBLIGATIONS TOWARDS END USERS:
a) The driver/vendor shall be responsible for any delivery, transportation service, payment, invoicing or collection, Booking ride enquiries, support maintenance services and/or any other obligations or services relating to or in respect of the Transportation/services provided by Drivers/Vendors to end users. Such services shall be the sole responsibility of the drivers/vendors.
b) If any dispute raised by the End Users regarding the Transportations/services, the driver/vendor shall be obliged, forthwith, either to take back or withdraw defective services or to withdraw or discontinue deficient services, or if fails to rectify deficient services, then to refund the consideration within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of Two days;
c) In the event a driver/vendor is unable to resolve the grievances of any End User as per the satisfaction of End User, then Veeway Infotech Private Limited as per its discretion reserves the right to suspend the services/terminate the services or take any other measures as it may deem fit and proper.
d) The driver/vendor acknowledges and accepts that driver/vendor is solely responsible (i) for falsely describing its service; or (ii) to give a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such service; or (iii) to deliberately conceals important information in relation to any service; or (iv) for falsely representing about the standard, quality, quantity, grade, composition, style or model of services; or (v) for falsely represents about the standard, quality or grade of services; or (vi) for falsely representing any re-built, second-hand, renovated, reconditioned or old goods as new goods; or (vii) for falsely representing about the sponsorship, approval, performance, characteristics, accessories, uses or benefits of goods or services; or (viii) for falsely representing about the sponsorship or approval or affiliation; or (ix) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; or (x) gives to the public any false warranty or guarantee of the performance, efficacy or length of life of a product or of any goods: or (xi) gives false or misleading facts disparaging the goods, services or trade; or (xii) for the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods; (vi) for manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services; (vii) for not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed; (ix) for disclosing to other person any personal information given in confidence by the user/consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force.
e) The drivers/vendors shall be solely responsible for the accuracy of all information and/or validity of the Prices and any other charges and/or other information relating to the Transportations and/or services. The drivers/vendors shall be solely responsible for the price to be charged by them in accordance with law time being in force.
DRIVERS/VENDORS’ OBLIGATIONS TOWARDS Veeway Infotech Private Limited:
a) The vendor acknowledges that it shall be solely responsible for all materials/information and its use of Veeway Infotech Private Limited’s Listing services. The Driver/vendor agrees that nothing in its Materials/information or its use of the Listing Services will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. The Driver/vendor is solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on its behalf in connection with this contract. The Driver/Vendor will ensure that it’s complying with all applicable Law, including Law related to data protection and privacy.
b) The driver/vendor acknowledges that Veeway Infotech Private Limited is basically a local search providing listing service and does not seek any fulfillment of the transportation / delivery / services delivered or not, and it is the driver/vendor responsibility to deliver the good transportation & services whose business is listed along with their vehicle details on Veeway Infotech Private Limited’s platform.
c) The driver/vendor acknowledges that Veeway Infotech Private Limited is not responsible for the transportation or services, or any dispute between the drivers/vendors & end users. It is the responsibility of the drivers/vendors to resolve any dispute or claim raised by end users.
d) The driver/vendor acknowledges that Veeway Infotech Private Limited warrants that any proof/ intimation of dispatch of such Proof of Fulfillment provided will be authentic, whether electronic or otherwise. Provided that, if Veeway Infotech Private Limited so requires, the physical proof of dispatch of the Proof of Fulfillment of the Product/Service shall be made available to Veeway Infotech Private Limited. All Proof of Fulfillment of Products/Services shall be maintained by the driver/vendor for a period of at least 3 (Three) years from the date of such fulfillment.
e) The driver/vendor acknowledges that Veeway Infotech Private Limited shall also not be responsible for any non-delivery/non-fulfilment of any transportation/Services did by drivers/vendors to the end users. All risks associated with the delivery/fulfillment of the Transportation/Services shall be solely that of the Drivers/Vendors. Any and all disputes regarding quality, merchantability, non-delivery/non-fulfilment and delay in delivery/fulfillment of the Transportation/services or otherwise will be dealt with by and between the Drivers/Vendors directly and End users and Veeway Infotech Private Limited shall not be made party to such disputes. The Drivers/Vendors shall hold Veeway Infotech Private Limited saved and harmless from any such actions or claims that may be initiated against it. The drivers/vendors shall also indemnify and hold indemnified Veeway Infotech Private Limited at all times against all such actions and claims.
f) The driver/vendor acknowledges that Veeway Infotech Private Limited shall not be responsible for any fault, imperfection, shortcoming or inadequacy in the quality, quantity, potency, purity or standard or nature and manner of performance of any product or of any goods/services, provided by drivers/Vendors listed with Veeway Infotech Private Limited’s Listing service, which is required to be maintained by or under any law.
g) The driver/vendor acknowledges and accepts that it restrains itself from: (i) unreasonable security deposits from end users for the performance of contractual obligations; or (ii) imposing any unreasonable penalty on the end users, for the breach of contract; or (iii) refusing to accept early repayment of debts on payment of applicable penalty; or (iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or (v) permitting or has the effect of permitting one party to assign the contract to the detriment of the end users, without his consent; or (vi) imposing on the end users any unreasonable charge, obligation or condition; or (vii) manipulation of price or its conditions of delivery or to affect flow of supplies with intent to impose unjustified costs or restrictions.
DRIVERS/VENDORS’ GENERAL OBLIGATIONS:
a) Driver/Vendor represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to Veeway Infotech Private Limited; (ii) it has the rights to use the trademarks; (iii) the business carried on by driver/vendor does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (iv) all information provided about itself (Driver/Vendor) to Veeway Infotech Private Limited, is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Driver/Vendor to Veeway Infotech Private Limited.(vi) Driver/Vendor shall not have right to terminate the Service up to 9 months from the date of activation of the Service. For the purpose of clarity it is agreed between the parties that Veeway Infotech Private Limited will not be liable to refund any Subscription amount which has been deducted during the validity of the contract.
(b) Additional Covenants (i) The driver/vendor acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Service remains in force and that Veeway Infotech Private Limited will not entertain such grievances post-expiry or termination of the Service; (ii) Driver/Vendor accepts that it is his/her responsibility to update contact information, information pertaining to its products/services using the online edit option available in their listing and keep Veeway Infotech Private Limited updated in this regard. In the event the relevant information is not updated accurately, the Driver/Vendor would, by default, be bound by the explanation or description of the product/service or any other details of the driver/vendor communicated by Veeway Infotech Private Limited to the Users or any other third party; (iii) Driver/Vendor hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Driver/Vendor) and the User; (iv) The Driver/Vendor undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, adhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Driver/Vendor) to run the business. The driver/vendor acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the services by Veeway Infotech Private Limited, at its sole discretion. Driver/Vendor further acknowledges that driver/vendor shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by driver/vendor from delay in activation of services, non-activation of services or termination of the services due to their (Driver’s/Vendor’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to Veeway Infotech Private Limited. It is further acknowledged by a driver/vendor that Veeway Infotech Private Limited will be at no obligation to follow-up with driver/vendor for the documents as mentioned herein and it will be driver/vendor’s sole responsibility including but not limited to share/upload all the relevant documents confirming their identity, address and business registration details with Veeway Infotech Private Limited. (v) Driver/Vendor hereby agrees and undertakes that during the term of this Contract and after its termination of this Contract (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of Veeway Infotech Private Limited’s enquiries/leads. Any such conduct by the driver/vendor will lead to an immediate termination of the services and Veeway Infotech Private Limited at its discretion will initiate proceedings against the driver/vendor before appropriate forum. (vi) Driver/Vendor hereby agrees and confirms that during the term of this Contract and after its termination (for any reason), driver/vendor will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of Veeway Infotech Private Limited’s employees, business or prospective users/callers. Driver/Vendor shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Driver/Vendor directly or promoting its services by any means whereby user are motivated to not to use the Veeway Infotech Private Limited website/App/services or to use the Driver/Vendor website/App/services directly. Any conduct by a driver/vendor that in Veeway Infotech Private Limited’s discretion restricts or inhibits any other user/customer from using or enjoying the Veeway Infotech Private Limited services will not be permitted. During the term of this Contract and for 5 (five) years after any termination of this Contract, Driver/Vendor will not directly or indirectly, in any capacity:- (a) solicit any users of Veeway Infotech Private Limited by means of providing discounts, gift coupons etc in the event users uses the website/App of driver/vendor directly. (b) divert, entice, or otherwise take away from Veeway Infotech Private Limited the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the Veeway Infotech Private Limited. Driver/Vendor will not, and will not authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews etc.; conceal enquiries, conversions for Service where they are required to be disclosed or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service related information from any Property except as expressly permitted by Veeway Infotech Private Limited. Driver/Vendor will direct communications regarding Service under the Term of Service only to Veeway Infotech Private Limited.
(c) It is the driver’s/vendor's sole responsibility to keep his id/password/login id safely so that no one can misuse it and do the changes in the listing visible on Veeway Infotech Private Limited portals to cause any wrongful harm to Veeway Infotech Private Limited or its users. Driver/Vendor represents that in event the loss is caused due to negligence of driver/vendor, such as where he has shared the payment credentials, OTP details etc., then the driver/vendor will bear the entire loss and Veeway Infotech Private Limited shall not be responsible for the same.
DISCLAIMER AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, Veeway Infotech Private Limited disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Veeway Infotech Private Limited disclaims all warranties regarding accurate Listing of the Driver/Vendor. Driver/Vendor understands that there may be errors in such positioning. Neither Veeway Infotech Private Limited nor the Driver/Vendor will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for driver’s/vendor’s indemnification obligation. Veeway Infotech Private Limited’s aggregate liability to the driver/vendor is limited to amounts paid to Veeway Infotech Private Limited by the driver/vendor during the 12 (twelve) months immediately preceding the date of the claim. Veeway Infotech Private Limited is also not liable for any claim owing to any misrepresentation of the information pertaining to the Driver/Vendor so long as the information exhibited/ communicated by Veeway Infotech Private Limited conforms to the Information made available by the driver/vendor or its authorized representative.
ADDITIONAL DISCLAIMER:
a) Driver/Vendor confirms that it will be solely responsible and liable for all matters between User and the Driver/Vendor, including but not limited to transactions entered into between such User and the Driver/Vendor. Further, it is hereby declared that Veeway Infotech Private Limited does not verify the identity of the User of the Service and that the information provided to Drivers/Vendors is the information received from the User and will not be independently verified by Veeway Infotech Private Limited.
b) In the event of receipt of any complaints from the Users regarding the Driver/Vendor or Driver’s/Vendor’s Transportation/service, Veeway Infotech Private Limited reserves the right to discontinue the provision of Service to the Driver/Vendor or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Term, Veeway Infotech Private Limited may also forfeit the amount lying to the credit of such Driver/Vendor and terminate the services at its sole discretion.
c) Driver/Vendor also agrees that at no time shall Veeway Infotech Private Limited vouch for or guarantee the performance of services or delivery of services by the driver/vendor and Veeway Infotech Private Limited will not be liable for any non-payment of amounts due to the driver/vendor by any User.
DISPUTE RESOLUTION:
a) If the dispute raised by the Driver/Vendor regarding the defective or deficient services, Veeway Infotech Private Limited shall be obliged, forthwith, to repair or to remove the defects or deficiencies in the services in question or to replace or maintain the services with new services of similar description which shall be free from any defect. Provided that Veeway Infotech Private Limited shall not be liable to refund, if the Driver/Vendor: (i) act of omission or commission or negligence or conscious withholding any information, incomplete, and inaccurate information; (ii) does not follow the instructions or warnings issues by Veeway Infotech Private Limited; (iii) has misused, altered, or modified the service ; (iv) fails to inform Veeway Infotech Private Limited about the defective products or deficient services, within the period of 48 hrs., from the receipt of such products/services;(v) Veeway Infotech Private Limited provides the transportation/services as per Term of Service.
b) Additionally, if Veeway Infotech Private Limited is providing defective or deficient services evidently, due to any system error, technical issue, human error or any other acts or omissions which is beyond its control, during the tenure of the contract, then it will not be considered as material breach of the terms of this contract. In such events, Driver/Vendor will bring it to the notice of Veeway Infotech Private Limited and thereafter Veeway Infotech Private Limited will conduct necessary investigation and based on the outcome of investigation may extend the services for equivalent days without any additional cost to driver/vendor or provide other alternate solutions. The calculation of such extended period will be from the date of receipt of such intimation by Veeway Infotech Private Limited from the driver/vendor. However, Veeway Infotech Private Limited will have all the rights to give the details/information/system generated report evidencing that there was no default on the part of the Veeway Infotech Private Limited, hence Veeway Infotech Private Limited is not responsible for the extension of the services or any other alternate solutions. As mentioned under this clause, it will be the Driver/Vendor sole and exclusive remedy in the event of Veeway Infotech Private Limited’s failure to perform the services as specified under this contract.
c) Any complaints or concerns with regard to content and or comment or breach of these terms, you can email to us at [email protected], with brief details of your complaint or call on our Customer Support No. 7418890956. Our customer service staff will acknowledge and redress your complaint on the best effort basis and as per applicable Terms of Service.
TERMINATION:
a) The term of this Contract begins upon Driver’s/Vendor’s registration or use of the Services and will end when terminated by any party (the “Term”). The Driver/Vendor may only terminate the Service, by giving 3 (three) months written notice (either by email or through registered post), prior to the subscription and manual renewal of the same, stating his intentions of discontinuing the Services.
b) Veeway Infotech Private Limited reserves the right to terminate the Service at any time, either with or without cause. If the Driver/Vendor commits a breach of a material duty owed to Veeway Infotech Private Limited, Veeway Infotech Private Limited may, at its discretion, call upon the driver/vendor to rectify the breach within 7 (Seven) days of the receipt of notice, failing which Veeway Infotech Private Limited may terminate the relationship between Driver/Vendor and Veeway Infotech Private Limited.
c) Upon termination of the Service, Veeway Infotech Private Limited will not be bound to delist the Driver/Vendor as a Driver/Vendor and cease disseminating Information of the Driver/Vendor to the Users. However upon termination, Veeway Infotech Private Limited shall have the right to delist the Driver/Vendor without prior intimation thereof to the driver/vendor.
d) In case of any technical difficulties in continuing the services, Veeway Infotech Private Limited reserves the right to terminate the services by giving written/oral intimation to the driver/vendor.
e) If the Driver/Vendor terminates the Service, either by efflux of time or by determination under this Terms of Service, the balance of the deposit placed by the driver/vendor with Veeway Infotech Private Limited, if any, (after deducting payments for the period/tenure for which Services have already been provided by Veeway Infotech Private Limited) shall be retained by Veeway Infotech Private Limited. Under no circumstances, shall the Driver/Vendor be entitled to claim a refund of amounts already paid to Veeway Infotech Private Limited. If Veeway Infotech Private Limited terminates the service for reasons attributable solely to Veeway Infotech Private Limited, in any manner whatsoever, it shall either refund the amounts on proportionate basis or provide any alternate services.
f) Veeway Infotech Private Limited may terminate the Service if driver/vendor engages in fraud or other illegal or unethical activities, or in any activities which Veeway Infotech Private Limited in its reasonable judgment believes is in contravention, of any laws as may be applicable from time to time or of accepted industry practice and which under the circumstances could adversely affect the reputation or business of Veeway Infotech Private Limited.
g) This contract will be terminated forthwith by Veeway Infotech Private Limited on the happening of any of the following events:
> If the driver/vendor becomes or is declared bankrupt or goes in liquidation voluntary or compulsory, except for the purpose of amalgamation or reconstruction;
> If the driver/vendor ceases to carry on its business or suspends all or substantially all of its operations;
> If a liquidator, receiver or administrator or any encumbrances takes possession of or is appointed over the whole or any part of the assets of the Driver/Vendor;
> If any attachment or distress is levied against any of the assets of the Driver/Vendor.
> If there is any material adverse change or any change in applicable law, rules, regulations, directives or guidelines, which prevents the continuing of the arrangement under this Contract.
NOTICES:
Veeway Infotech Private Limited shall send notices to Drivers/Vendors in writing through email or Whatsapp/SMS and may be followed by registered post and dispatched through a reputed courier. Any notice refused by the Driver/Vendor would be deemed to have been legally delivered and Driver/Vendor will be deemed to have received such notice. Driver/Vendors can send notices to Veeway Infotech Private Limited in writing on customer support email id or to the company's registered office address.
MODIFICATIONS TO TERMS OF SERVICE:
Veeway Infotech Private Limited reserves the right to change the Terms of Service at any time without any prior notice to the Driver/Vendor/User. Changes to the Terms of Service or the Terms of Service shall come into effect upon the time it is put up on the Website/App or by any other mode of communication as may be determined by Veeway Infotech Private Limited. For Terms of Service with Driver/Vendor/User visit https://carter.co.in & https://carter.co.in/terms-of-use
TAXES:
Veeway Infotech Private Limited is entitled to charge the driver/vendor for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Driver’s/Vendor's relationship with Veeway Infotech Private Limited) and driver/vendor hereby agrees to pay the said taxes and charges promptly without raising any objections. Driver/Vendor also agrees that in the event the said taxes and charges are not charged by Veeway Infotech Private Limited the same shall be paid by the Driver/Vendor directly to the authorities concerned without raising any objection. The driver/vendor further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the driver/vendor for the Listing and Services rendered by Veeway Infotech Private Limited. Goods and Service Tax is levied as per existing government policy. Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on Goods and Service tax. It is the responsibility of the Driver/Vendor to provide the correct Goods and Service tax number before the payments are made. If Driver/Vendor fails to provide the GST number or provide incorrect number before making the payment then the Driver/Vendor will not get due GST credit for which driver/vendor shall be solely responsible.
MISCELLANEOUS:
a) Veeway Infotech Private Limited's interpretation of the Terms of Service shall be final and binding on Driver/Vendor.
b) Driver/Vendor agrees that no joint venture, partnership, employment, or agency exists between driver/vendor and Veeway Infotech Private Limited and that the Driver/Vendor is not entitled to bind Veeway Infotech Private Limited by its actions.
c) Veeway Infotech Private Limited is subject to existing laws and legal process and nothing contained in the Terms of Service is in derogation of Veeway Infotech Private Limited's right and obligation to comply with the law.
d) If any clause or part thereof of the Terms of Service is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Terms of Service shall continue in effect. Such revision to the Terms of Service will be deemed to have been in effect from the Effective Date.
e) Driver/Vendor may not assign any rights or obligations against Veeway Infotech Private Limited without Veeway Infotech Private Limited's prior written consent. Veeway Infotech Private Limited reserves the right to transfer any right or obligation against Driver/Vendor by issuance of notice of such assignment to the Driver/Vendor. Upon such assignment, the assignee shall be bound by the Terms of Service in the same manner as Veeway Infotech Private Limited and Veeway Infotech Private Limited shall cease to have any liability to Driver/Vendor. However, the Parties agree that Veeway Infotech Private Limited has an unfettered right to assign the Terms of Service and the Driver/Vendor is only entitled to a notice of such assignment. The Parties further agree that assignment of the Terms of Service by Veeway Infotech Private Limited will not be subject to Driver’s/Vendor's consent.
f) Veeway Infotech Private Limited shall not be responsible for any delay or deficiency in services due to any force majeure events such technical glitch, server issue, natural disasters, acts of terrorism, civil labor strike, labor and transportation strikes or any other acts beyond its control. During a force majeure event, the obligations of Veeway Infotech Private Limited under the Terms of Service will stand suspended.
g) Nothing in the Terms of Service obliges or will be deemed to oblige Veeway Infotech Private Limited to provide any credit to the Driver/Vendor.
h) Drivers/Vendors agree that Veeway Infotech Private Limited reserves its right to present the online payment via website/App / payments for the services rendered under this terms of service.
i) Veeway Infotech Private Limited has its own Reviews, Ratings and Comments on its portals which will be posted by the users of Veeway Infotech Private Limited. However, Veeway Infotech Private Limited takes no responsibility and assumes no liability for any content posted by any caller/third party on Veeway Infotech Private Limited site or on any mediums of Veeway Infotech Private Limited.
ARBITRATION:
All disputes, differences and/or claims arising out of the Terms of Service shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Directors of Veeway Infotech Private Limited. The Driver/Vendor shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by an authorized representative/ Directors of Veeway Infotech Private Limited. The arbitration proceedings shall be held at Coimbatore-Tamil Nadu and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Driver/Vendor/User and Veeway Infotech Private Limited. The arbitrator will pass a written and reasoned award and will be entitled to award the cost of the proceedings.
ENTIRE CONTRACT:
This Contract, including any Invoice, Annexures, along with the Terms of Service hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other TERMS between the Parties relating to the subject matter hereof.
AMENDMENTS AND WAIVERS:
Unless otherwise expressly stated in this Terms of Service, the failure on the part of Veeway Infotech Private Limited to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms of Service shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy available to Veeway Infotech Private Limited.
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