Karefy

Welcome to Karefy. If you continue to browse and use our app/website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Aria Systems (Owner of Karefy) relationship with you in relation to this app/website and the Services (as described below)

In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.

DEFINITIONS

The following definitions apply to the terms and conditions set out below that govern this contract of Carriage between you and us:

"We", "us", "our", "Carrier", "Karefy", "Company" shall refer to Aria Systems (owner of Karefy), its employees, and its service providers that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.
“You”, “your”, “consignor” shall refer to the sender, consignor or consignee of the Consignment, holder of this Consignment Note, receiver and owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be.
“Services” means the services provided by Karefy which enable the following:

the services of goods transport of vehicles by Customers for a point to point service, or for time and usage based service within city and territory limits;
hiring of labour by Customers for loading/unloading of the consignment; and
such other services which Karefy may from time to time add.
"Carriage" means and includes the whole of the operations and services undertaken by us in connection with the Consignment.
"Consignment" means any package, parcel, sachet, or freight which is or are given to and accepted by us for carriage under our Consignment Note.
“Dangerous Goods” not Allowed.
“Delivery” means the tender of the consignment to the consignee or intimation about the arrival of the consignment.
"Prohibited Items" not allowed
“Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.
“Applicable Law” means means all laws, statutes, ordinance, regulations, guidelines, policies, rules, bye-laws, notifications, directions, directives and orders or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, administration and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law in India.

USER(S) ELIGIBILITY

User(s) means any individual or business entity/ organization that legally operates in India or in other country, uses and has the right to use the Services provided by Karefy. It is hereby being clarified that our Services are available only to those individuals or business entities/organizations who can form legally binding contracts under the Applicable Law. To be a User(s) and be eligible to use our Services, an individual must be at least 18 (eighteen) years of age. Karefy advises its users that while accessing the web site, they must follow/abide by the related laws. Karefy is not responsible for the possible consequences caused by your behavior / acts during use of web site. Karefy may, in its sole discretion, refuse the service to anyone at any time.

USER(S) AGREEMENT

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

This agreement applies to all Karefy Services, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

AMENDMENT TO USER(S) AGREEMENT

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

INTELLECTUAL PROPERTY RIGHTS

`Karefy is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Karefy, its affiliates or licensor's of Karefy content, as the case may be.

All rights, not otherwise claimed under this agreement or by Karefy.in, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Karefy does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Karefy be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

Karefy reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the app/website. Trademark

All related icons and logos are registered trademarks or trademarks or service marks of Karefy in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Copyright

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

Systematic retrieval of Karefy content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Karefy is prohibited.

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

LINKS TO THIRD PARTY SITES

Links to third party sites are provided by web site as a convenience to user(s) and Karefy has no control over such sites i.e content and resources provided by them.

Karefy may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Karefy believes that user(s) acknowledge that Karefy has no control over such third party's site, does not monitor such sites, and Karefy shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site. User(s) shall review Karefy's Privacy Policy and abide by Karefy's Privacy Policy at the time of the User(s) interaction with Karefy, with respect to and concerning any information and data.

TERMINATION

Most content and some of the features on the web site are made available to visitors free of charge. However, Karefy reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Karefy also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of Karefy and/or other visitors to the web site. Karefy reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

TERMS & CONDITIONS FOR USE OF OUR SERVICE

The following Terms & Conditions shall apply to customers utilising the Services offered by the Company for the hiring of vehicles: The customer shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for availing the Services of Karefy. The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:

Soiling or damaging the body and/or any other interiors of the vehicles.
Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.
Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up.
Pressurizing the driver to overload truck with the consignment than the allowed limit.

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

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

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

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

Karefy shall be liable for the loss or damage of the consignment to the extent permissible by Carriage by Road Act and Rules.

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

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

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

The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.karefy.co.in on the date that Company may indicate that such addition, variation or amendment is to come into effect.

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

The Company will consider the email address and / or mobile number utilized by the user for transacting with Karefy, for seeking the user’s information required for processing of payments, for any reason whatsoever. The User hereby acknowledges that Karefy explicitly disclaims any responsibilities or liabilities resulting from inaccuracies in the data or information provided by the user.

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

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

LABOUR SERVICES

`Karefy will not provides any labour services

CONFIDENTIALITY

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

DISCLAIMER

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

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

YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

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

YOUR OBLIGATIONS

You warrant, undertake and guarantee to us:

The contents of the consignment (including but not limited to weight and number of items) have been properly described on our consignment note and that the Consignment Note is complete in all respects and the documents as required for the transporting the consignment including invoice, permits are enclosed with the Consignment Note.
That the contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with Applicable Law and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under Applicable Law.
That all statements and information and documents provided by you relating to the Consignment will be true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the Consignment or any of its contents, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. You agree to indemnify us and hold us harmless from any claims that may be brought against us or our agents arising from the information provided by you.
We are authorised to deliver the goods at the address mentioned on the Consignment Note and without prejudice to the foregoing it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract. We will be sending the delivery confirmation by SMS/e-mails, no-response within 24 hours would be considered as an affirmative to the delivery.
You have declared the correct weight of the consignment and you will provide any special equipment we may need to load or unload the consignment on or off our vehicles.
When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice
Applicable Law has been complied with by you.

You understand, agree and acknowledge that the Services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewellery, expensive luxury items etc. (“Valuables”). If you handover / load the vehicles with Valuables for transportation, any loss / damage / theft / misappropriation to / of the consignment shall be at your risk and not ours, for the reasons mentioned earlier and without prejudice, we shall not only have the right to explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage / loss / theft / misappropriation to/of the consignment or any contents of the consignment, but also the right to claim indemnification from you where we have suffered loss of reputation / goodwill due to your actions of breaching our terms of service.
You understand, agree and acknowledge that if the consignment or any contents thereof are of the value exceeding INR 25,000/- (Indian Rupees Twenty-Five Thousand only), you shall get the consignment insured from a General Insurance company operating in India before handing over the consignment for transportation. In absence of adequate insurance to cover loss of goods in transit or in absence of wrong or non-declaration of the consignment details / value, and whether insured or not, the transportation of the consignment shall be entirely at your risk and not ours and we explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage / loss / theft / misappropriation or any insurable loss to / of the consignment or any contents of the consignment and you further agree to indemnify us in all those cases where we have suffered loss of reputation / goodwill due to your actions of breaching our terms of service.
You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations.
You certify that all statements and information you provide relating to the transportation of the consignment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the consignment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your consignment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the Services described in this condition.
The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by Applicable Law. Without prejudice to the above, the Company makes no representation or warranties with respect to:

The Services meeting the customer's requirements.
The Services will be uninterrupted, timely, secure, or error-free.
Any additional or extra charges for far off locations & toll charges as well.

Applicable Law has been complied with by you.

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

Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters
Force majeure including (but not limited to) war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.
National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.
Latent defects or inherent vice in the contents of the consignment.
Criminal acts of third parties such as theft and arson.

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

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

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

DANGEROUS GOODS / SECURITY

Dangerous Goods

We do not carry, nor perform other Services regarding, goods which are in our sole opinion Dangerous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other Services regarding, Dangerous Goods.
We may at our discretion accept some Dangerous Goods for carriage, or for the performance of other Services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your consignment can be accepted. Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your consignment.

Prohibited Items: We do not accept consignments that contain prohibited items.
We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

REJECTED CONSIGNMENTS

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

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

CLAIMS BROUGHT BY THIRD PARTIES

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

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

GST

GST, as applicable, will be levied on the Invoice.
Any information shall be considered only prospectively. Under no circumstances, will invoices be revised retrospectively for delay in providing GST registration information.
Taxes on reverse charge mechanism, wherever applicable, shall have to be paid by the recipient of services.

GOVERNING LAW AND JURISDICTION

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

GRIEVANCE OFFICER

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

DISCLAIMER

The information contained in this website and Karefy App is for general information purposes only. The information is provided by Karefy and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website / App or the information, products, services, or related graphics contained on the website / App for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website / App.

Through this website / App you are able to link to other websites which are not under the control of Karefy. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the portal up and running smoothly. However, Karefy takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.

TERMS AND CONDITIONS FOR USERS

(Bikes)

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

GENERAL TERMS

These terms and conditions, including the General Terms and Special Terms along with any agreements executed or accepted by you (“you/ your” or “User” or “Customer”), which are incorporated herein by reference (“Terms”) when you access, use or interact with the mobile application (“Karefy App”) or website available at https://Karefy.co.in/ (collectively, “Platform”) whether through a computer or a mobile phone or any other device (“Device”) or avail the Services (defined hereinafter) provided by Roppen Transportation Services Private Limited (“Karefy” / “Company” / “us”, “we” or “our”).

All the Services provided by the Company to you would be by means of your use of the Platform. These Terms will govern the relationship between you and the Company in the course of provision of the Services. These Terms govern your access/interaction or use of the Platform and/or availing of Services.

Please read these Terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform, or availing the Services. By using this Platform or availing the Services, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. If you do not agree with these Terms, please do not access the Platform or avail the Services.

These Terms expressly supersede prior agreements or arrangements with you. Use of and access to the Platform is offered to you upon the unconditional acceptance by you of all the terms, conditions, and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

SERVICES

We provide the following services (“Services”) to you:

A Platform to facilitate the pick-up and drop off of packages & passanger from one location to the other through services offered by third party drivers or vehicle operators (“Rider”), (“Package & passanger Services”);
A Platform to facilitate the booking of two-wheelers (“Bikes”) and avail such transportation services provided by the Riders (“Transportation Services”); and
Other support services (such as associated payment collection) as offered by Karefy from time to time.

YOUR REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

In relation to your use and access of the Platform or for availing the Services, you represent, warrant, and provide the following undertakings:

For the purposes of registration/creation of an account on the Platform, you confirm that you are 18 years of age.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use Your Account (defined below), and you may not allow persons under the age of 18 to receive Services through Riders unless they are accompanied and/or overseen by you. However, you agree to take full responsibility for the use of Services by such minors including in respect of ensuring their safety while availing such Services and Karefy will not be responsible or liable for any consequences arising from the same.
If the Company becomes aware or it acquires credible knowledge that you have misled us regarding your age, then the Company reserves its rights to deactivate the account and you will not be liable to raise any claims including any insurance from the Company.
These Terms impose valid and legally binding obligations on you and are enforceable against you.
You confirm that you neither have had any insolvency proceedings against you nor have you ever been adjudicated insolvent by any court or other authority.
You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or avail the Services, including to enter into transactions contemplated for availing the Services.
You agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable laws.
By using the Platform or the Services, you authorize Karefy, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process, and share your information, including personal information and sensitive personal data or information (collectively, “Information”).
Further, we may ask you for Information or documents that will allow us to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your Information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Services in the event we are unable to obtain or verify this Information.
When you provide any Information to Karefy, you agree to provide only true, accurate, current and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including the contact information, bank account details, etc., as required in connection with the Services, lies solely with you. You must take all caution to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible to verify the accuracy of the Information provided by you.

III. OPERATION OF PLATFORM

You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process. You are solely responsible for maintaining the confidentiality of your credentials (username, password, etc.) provided upon registration and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
Your Account cannot be transferred, assigned, or sold to a third party.
You agree to accept responsibility for all activities that occur in or from Your Account. You agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.
You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the password or Your Account is being or is likely to be used in any unauthorized manner.
Karefy will not be liable for any breach of security or unauthorized use of Your Account.
The Company will forward your booking request made on the Platform (“Service Request”) to the Rider through an app-based Device operating on GPS-GPRS available with the Rider.
The Company may monitor and record calls made to the Riders, for the purpose of training and improving customer care services, including complaint related services.
The Rider will have the sole discretion to accept or reject each Service Request.
If the Rider accepts the Service Request, a notification will be sent to you with the Information regarding the Rider including their name, contact number, and Vehicle registration number, etc.
The Company will make reasonable efforts to bring you in contact with the Rider in order to obtain the Service subject to availability of the Rider in or around your location at the time of your Service Request.
Even after acceptance of the Service Request, the Rider may not reach your pick-up location or decide not to render the Service, in which event the Company will not be held liable.
The Company will not be liable if you do not download the correct mobile application to access the Platform or do not visit the appropriate web portal.
For the avoidance of doubt, it is clarified that the Company itself does not provide the Transportation Services and Package Services and only facilitates these services through the Platform. It is the Rider who is responsible for rendering the Transportation Services and Package Services to you. You acknowledge that Karefy is merely an intermediary and does not provide the Services as a transportation carrier and the Transportation Services and Package Services are provided by independent third-party contractors (Riders) directly who are not employed by Karefy or any of its affiliates.
The Company reserves the right to discontinue or introduce any of the modes of Service Requests and/or for providing Services.

YOUR CONDUCT

You will use the Services for lawful purposes and in compliance with applicable laws, and refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India.
You will treat the Rider with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle.
The Company is not responsible for the behaviour, actions, or inactions of Riders or quality of Vehicle which may be provided to you by the Riders. Any contract for the provision of Vehicle and/or for the Services is exclusively between you and the Rider and the Company is not a party to the same.
By using the Platform, you acknowledge and agree that:

You will download Karefy App for your sole, personal use and will not resell it to a third party;
You will not authorize others to use Your Account;
You will not assign or otherwise transfer Your Account to any other person or legal entity;
You will not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the Platform to cause nuisance, annoyance or inconvenience to either Company, Riders or third parties;
You will not misuse the Platform or attempt to defraud either the Company, Rider or third parties;
You will not impair the proper operation of the Platform and you will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform or the Services, to surreptitiously intercept or expropriate any system, data or information in connection with the Services or as hosted/available on the Platform, or to affect the operation of any other websites or the internet;
You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform or the Services, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
You will not try to harm the Platform in any way whatsoever;
You will not copy or distribute the Platform or its contents without written permission from the Company;
You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Platform;
You will provide the Company with whatever proof of identity we may request;
You will only use an access point or at least a 3G, 4G or 5G data account access point which you are authorized to use;
You will not use the Platform with an incompatible or unauthorized Device;
You will not indulge in any fraudulent activities including, but not limited to intentionally falsifying Information, create dummy/duplicate accounts for fraudulent purposes, manipulate the settings on a phone/Device to prevent or impair the proper functioning of the Platform, abuse promotions and/or not use them for their intended purpose, dispute charges for fraudulent or illegitimate reasons, falsify documents, records, or other data for fraudulent purposes, or any other activity which is in contravention of applicable laws, is in violation of these Terms, or is not intended or permitted under these Terms; and
If you create more than one account per User, Karefy has the right to terminate such accounts.

In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:

Belongs to another person and to which you do not have a right to such information;
Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
Infringes any patent, trademark, copyright or any other proprietary rights;
Harms minors in any way or is harmful to child;
Any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
Impersonates another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Is in the nature of an online game that is not verified as a permissible online game;
Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
Violates any law for the time being in force.

The Company reserves the right to immediately terminate your use of the Platform and stop providing you the Services should you not comply with any of the rules provided in these Terms.

COMMUNICATION AND NOTIFICATION

You agree that Karefy (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
Any electronic communications will be considered to be received by you within 24 hours of the time we send it to your attention (such as via email, SMS or other online notification, through WhatsApp messenger application). We will assume you have received any communications sent to you by postal mail, 3 business days after we send it.
If you are a Customer who has registered on the Platform and shared your contact details with us, we may need to contact you in connection with the Services, and you give express consent to us and our permitted assigns and third-party agents to communicate with you in any way, such as calling, texting, or e-mailing via:

A mobile phone or landline number you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours);
Any email address you provide to us or associated with your account on the Platform;
Automated dialler systems and automatic telephone dialling systems; and
Pre-recorded or artificial voice messages and other forms of communications.

The accuracy, readability, clarity, and promptness of the communications depend on various factors. Karefy will not be responsible for any non-delivery, delayed delivery, or distortion of the communication in any way whatsoever.

PAYMENT FOR SERVICES

You will be required to pay charges for the Services used by you either by using the online payment gateway provided in the Platform or by paying cash to the Riders. The Company collects the charges for the Services on behalf of the Riders after obtaining authorization from the Riders and the payment is remitted to the Rider’s bank account registered with the Company.
The rates of the Services and any cancellation fee, if applicable, will be notified on the Platform.
The charges for the Services will be updated or amended from time to time at the sole discretion of the Company and it will be your responsibility to remain informed about the charges for the Services.
You agree that you will pay for all Services you purchase from the Rider and for the use of the Platform either by way of online payment or by cash. In the event the payment cannot be accepted through the online payment or any other mode, you will be required to pay the charges for the Services availed by way of cash. You agree and acknowledge that Karefy is not in any way responsible for the settlement of cash payments made by you directly to the Rider.
In order for us to facilitate UPI payments, we are required to conduct a bank account validation and Virtual Payment Address (“VPA”) validation and you agree for such validation to be conducted. We conduct these validations through a third-party service provider.
Any payment made is non-refundable. At the end of the trip for the Transportation Services, we will facilitate for you to receive a copy of the invoice from the Company on your registered e-mail account with the Company.

VII. DISCLAIMERS

The information, recommendations provided to you on or through the website or the Platform is for general information purposes only and does not constitute advice.
The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware, and viruses or that the contents in the Platform are correct, up to date, and accurate. Karefy assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption, or errors in the operation of the Platform.
The Company will further not be liable for damages resulting from the use of or the inability to use the Platform, including but not limited to damages resulting from failure or delay in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
If you choose to access the Platform from locations other than India, you will do so at your own risk, and you will be solely liable and responsible for compliance with applicable local laws and regulations of such location. The mere fact that the Platform can be accessed through the internet by you in a country other than India will not be interpreted to imply that the laws of the said country govern these Terms or use of the Platform. We accept no liability whatsoever, indirect or consequential, for non-compliance with the laws of any country other than India.
5. Access to the Platform or the Services may be unavailable, delayed, limited, or slowed, from time to time, due to the inherent nature of the internet and, among other things, also due to:

Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
Overload of system capacities;
Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
Interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labor;
Governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or
Any other cause (whether similar or dissimilar to the above) beyond the control of Karefy.

The quality of the Transportation Services and Package Services requested through the use of the Platform is entirely the responsibility of the Rider who ultimately provides such services to you and Company is not liable for the same. However, any complaints about the Transportation Services and Package Services provided by the Rider should be submitted to Company by an email as notified from time to time
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,. THE PORTAL IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. You acknowledge and agree that the entire risk arising out of your use of the Platform and / or the Services remains solely and absolutely with you and you will have no recourse whatsoever to the Company.

VIII. INTELLECTUAL PROPERTY RIGHTS

The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Platform or any other digital media content embody trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership and Intellectual Property Rights in the Platform and its content remain with the Company except the third party content and link to third party website on the Platform.

The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

All rights not otherwise claimed under these Terms or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with a Service.
All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.
Customer data: As between Karefy and Customer, all right, title and interest in: (i) the Information, (ii) other information input into the Platform by Customer or its authorized users (“Other Information”), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the Customer. Information and Other Information are collectively referred to as “Customer Information”. Customer grants to Karefy a limited, non-exclusive, royalty-free, worldwide license to use the Customer Information and perform all acts with respect to the Customer Information, as may be necessary for Karefy to operate, maintain and improve the Platform or provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). Customer is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of all Customer Information. Karefy agrees to access and use the Customer Information solely as set forth in these Terms or the Privacy Policy.
Aggregated statistics: Notwithstanding anything else in these Terms, Karefy may monitor Customer’s (including the authorized users) use of the Platform and the Services and use data and information related to such use and Customer Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the Services (“Aggregated Statistics”). As between Karefy and Customer, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by Karefy. Customer acknowledges that Karefy will be compiling Aggregated Statistics based on Customer Information and Information input by other customers into the Platform. Customer agrees that Karefy may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Customer.
You will not do the following:

License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
Modify or make derivative works based upon the Platform;
Create internet “links” or “frame” or “mirror” any application on any other server or wireless or Internet-based device; or
Reverse engineer or access the Platform in order to:

design or build a competitive product or service,
design or build a product using similar ideas, features, functions or graphics of the Platform,
copy any ideas, features, functions or graphics of the Platform, or
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.

THIRD-PARTY LINKS
During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party Riders, advertisers or sponsors showing their goods and/or services through a link on the Platform. These links take you off the Platform and are beyond the Company’s control. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
EMERGENCY SOS
Karefy provides SOS feature on the Karefy App wherein the Customer can call for emergency services in case of any safety issues or other emergency by tapping the “Red” button made available on the Karefy App. This is linked to the internal emergency response team of Karefy, and any such case is escalated and dealt with on priority.
In case of an accident, an ambulance can be called upon by the Customer immediately through the Karefy App, and the said information can be shared with trusted/ emergency contacts of the Customer provided to Karefy.
You agree not to misuse the Emergency/ SOS feature and will solely use it during emergencies. In case of any misuse of the SOS feature, you will be liable for consequences/actions in accordance with applicable laws and/or as per Karefy’s internal policies.
TERM AND TERMINATION
These Terms, which form the contract between the Company and you, are concluded for an indefinite period. You are entitled to terminate the contract between the Company and you at any time by deleting Your Account on the Platform.
The Company is entitled to terminate your access to the Platform and/or the Services at any time and with immediate effect (by disabling your use of the Platform and the Service) if you: (a) violate or breach any term of these Terms, or (b) in the opinion of the Company, misuse the Platform or the Service, or (c) if there is reason to believe that the account is used fraudulently.
The Company is not obliged to give notice of the termination in advance. After termination, the Company will give notice thereof in accordance with these Terms.
Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lockout, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.
The Company, in addition to its right to terminate or suspend access to Your Account and/or the Services in case of violation of these Terms, the Privacy Policy, or any applicable law, reserves the right, in its sole discretion, to legally prosecute you if you act in a way that the Company, at its sole capacity, decides involves fraud or misuse of the Platform, or is harmful to the Company’s interests or another user, any Rider, or any other participating third-party.
The Company’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of the Company’s rights.

XII. INDEMNITY AND LIMITATION OF LIABILITY

You will, at your expense, defend, indemnify and hold harmless the Company, its affiliates, licensees, and its officers, directors, agents, and employees from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms by you, including but not limited to, (i) your use or misuse of the Platform or Services; (ii) any claims from any third-party as a result of or in connection with your use of the Platform or the Services.
Karefy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Karefy, including rights to settle, and you agree to cooperate with Karefy for such defense and settlement. Karefy will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. Customer may, at its own expense, engage separate counsel to advise Customer regarding a claim and to participate in the defense of the claim, subject to Karefy’s right to control the defense and settlement.
IN NO EVENT WILL KAREFY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KAREFY’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR. 1000/-.

XIII. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

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

XIV. ASSIGNMENT

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

SEVERABILITY

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

XVI. CHANGES TO THESE TERMS

Karefy may change these Terms from time to time. If Karefy makes any changes to these Terms that it deems to be material, Karefy will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Terms posted to the Platform from time to time to see if it has been changed. The updated version of these Terms will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the Terms or after being updated on the Platform will be construed to mean the acceptance of the said modified Terms.

XVII. NOTICES

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

XVIII. CUSTOMER CARE AND GRIEVANCE REDRESSAL

Any opinions, issues, or suggestion regarding the Platform and / or Services can be provided / resolved by reaching out to the customer care number or email mentioned below:

Customer Care details: info@karefy.co.in

Alternatively, you can contact Customer Care using the chat functionality on the Karefy App and a customer service associate will get back to you.

Please note, concerns pertaining to a specific Service Request or a Rider may be reported not beyond 24 hours from when the Services were availed. In case the issue or grievance is criminal in nature, the complaint may be filed within 72 hours of the event / availing the Service.

Any complaint, dispute or grievance in relation to the Services should be addressed to Karefy as given below. Such complaint, dispute or grievance will be handled as per applicable laws.

SPECIAL TERMS

In addition to the General Terms, along with any other agreements or documents executed / accepted by you, the following additional special terms (“Special Terms”) apply to your use of certain specific Services.

PACKAGE SERVICES

You can initiate a transaction on the Platform by which you may (through the help of a Rider) send packages (“Package(s)”) to a particular location. The Package Services are provided to you directly by the Rider and Karefy merely acts as a technology platform to facilitate transactions initiated on the Platform and Karefy does not assume any responsibility or liability for any form of deficiency of services on part of the Rider.
Karefy does not assume any responsibility or liability whatsoever for any damage/deficiency or loss of the Package(s).
You agree that you will not request Package Services for Package(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items that are prohibited by any statute or law or regulation or the provisions of these Terms.
You also agree that you will not request for dispatch of Package(s) which require a special transportation permit or require any special license under applicable law.
You will be required to indicate the accurate addresses for pick up and delivery of the Package(s) you wish to avail Package Services in respect of, and also an accurate return address in case the Package(s) cannot be delivered for any reason whatsoever at the delivery address.
It is clarified that the transit will commence from the moment the Package(s) is securely handed over to the Rider by the Customer till the moment the Rider arrives at the delivery address or as near to the indicated delivery address as may be possible.
In the event the Rider is not able to deliver the Package(s) at the indicated address for any reason whatsoever, then the Company will not be liable for any damages arising in respect of the Package(s) while delivering the Item(s) at the return address as provided by the Customer.
The Company does not check or verify the Package(s) that are being picked up and dropped off on behalf of you or the Package(s) that are being delivered to you by the Rider, and therefore the Company will have no liability with respect to the same. However, if it comes to the knowledge of the Company that you have requested Package Services in respect of any illegal or dangerous substance or availed the Package Services using the Platform to deliver any illegal or dangerous substance, the Company will have the right to report you to the government authorities and take other appropriate legal actions against you. Karefy will not be liable for any consequences that may arise on such reporting.
You agree that before requesting a Package Service, you are well aware of the contents of the Package(s) sent or requested by you through registered Rider, and that such contents are legal and within limits of transportation under any applicable laws. Such contents will not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws.
You also agree that, upon becoming aware of the commission of any offence by you or your intention to commit any offence upon initiating a Package Service or while providing Package Service of any Package(s) restricted under applicable law, the Rider may report such information to Company or to the law enforcement authorities.
You agree that you will be solely responsible for the Package(s) handed over to the Rider and will be prudent not to handover expensive items to the Rider. You will be solely responsible for any loss or damage to the Package(s) in case of any theft or any other incidents to the Package(s) on account of the Rider or otherwise.
You will pay the service fees for availing the Package Services at the end of the completion of such services, as may be displayed to you on the Platform. You cannot initiate another Package Services until you have paid for the previously completed such Package Services.

INSURANCE FOR TRANSPORTATION SERVICES BY MEANS OF BIKES

The Company has facilitated provision of an insurance policy for the users availing the Transportation Services by means of Bikes and the information on the same is available on the Platform once the Services are availed by the users.
Karefy is not engaged in the insurance business and does not provide any insurance services. Karefy has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from licensed insurance companies, whereby Karefy is acting as the group manager of the policy.
Karefy does not guarantee or make any promise in relation to the insurance policy/ insurance company, including but not limited to any benefits from use of the insurance services provided by the insurance companies, such as coverage, claims and settlements.
The details of the insurance policy are available on the concerned insurer’s website which can be accessed through the third party link provided on the Platform. Any claim or servicing of insurance policies, remains a matter between the Customer and the insurer, and Karefy will not be responsible for the actions of the insurer or the Customer.

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YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR USERS

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