This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Carriaje Mobile App (hereinafter referred to as “Mobile App”) is owned by Foster Soft Solutions OPC Private Limited with its office at SCF 81, 1st Floor, Phase-XI, Mohali(Pb), .
By downloading, mere use of the Mobile App, You shall be contracting with Carriaje Mobile App, these terms and conditions including the policies constitute your binding obligations, with Carriaje Mobile App
The customer shall mean and include all customers of the Client. (Herein after referred to as “Customer”)
MOBILE BASED PLATFORM
Foster Soft Solutions OPC Private Limited is an intermediary and offers a mobile-based platform through this Mobile App (Carriaje Mobile App). The mobile based platform is a workshop management software designed for Customer and Transporter for facilitating a variety of activities including vehicle check in , posting jobs for ride, capturing the voice of the customer, providing estimation for parts and non-accident jobs, notifying the vehicle updates to customers and insurance companies, tracking progress of work, assigning specific work to technicians, tracking productivity and performance initiatives, getting customer feedback, managing inventory, procuring parts, generating invoices and exporting data to accounting systems.
You understand, acknowledge and accept that the mobile-based platform via its Mobile App
(Carriaje Mobile App) is only a mere facilitator and shall not be a party to or control in whatsoever manner any transactions between You and Customer
You acknowledge and hereby accept that You and Foster Soft Solutions OPC LIMITED (Carriaje Mobile App) are independent professionals.
TERMS OF PLATFORM
(Carriaje Mobile App) is only a mere facilitator of mobile based platform
All content, information provided by You are only displayed on the Mobile App (Carriaje Mobile App)
(Carriaje Mobile App) shall not in whatsoever manner resolve or mediate any dispute or disagreement between the You and Customer
You understand, acknowledge and accept that mobile based platform provided through the Mobile App (Carriaje Mobile App) shall not held liable in whatsoever manner for any but not limited to actions, commissions, misconduct, fraud or negligence of any customer
Use of the Site/Mobile App 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, un-discharged insolvents etc. are not eligible to use the Site/Mobile App. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Carriaje Mobile App. Carriaje Mobile App reserves the right to terminate your Registration and / or refuse to provide you with access to the Mobile App if it is brought to Carriaje Mobile App‘s notice or if it is discovered that you are under the age of 18 years.
We collect ride and buy bids fee from You for the use of the Mobile Based Platform through Carriaje Mobile App. The fee may charge from 10% to 20% per transaction. Customer may also be charged(5% to 15%) when he/she withdraw/cancel the offer. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Foster Soft Solutions OPC Private Limited for using Carriaje Mobile App.
You agree, undertake and confirm that your use of Mobile App shall be strictly governed by the following binding principles: You hereby undertake and agree not to use Carriaje Mobile App for
(a) harassing or advocating harassment of another person;
(b) transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”, abusive message;
(c) promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(d) infringement or violation of any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity], vehicle details;
(e) promoting any illegal or unauthorized copy of copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices
(f) providing material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(g) providing instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(h) uploading, transmitting, sharing links of any video, photographs, or images of another person (with a minor or an adult) without proper permissions
(i) accessing or attempting to gain unauthorized access or exceed the scope of authorized access to the Mobile App or to profiles, account information, or other areas of the Mobile App or solicits passwords or personal identifying information for commercial or unlawful purposes from other Clients;
(j) engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes related to the Mobile App
(k) soliciting gambling or engaging in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
(l) interfering with another Client’s use and enjoyment of the Mobile App or any other individual’s Client and enjoyment of similar services;
(m) harming minors in any way;
(n) infringing any patent, trademark, copyright or other proprietary rights, trade secrets
(o) violating any law for the time being in force; in whatsoever manner
(p) transmitting, sharing, uploading links of any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(q) threatening 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.
(r) offering or attempting to offer any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(s)You shall not create liability for us or cause us to lose (in whole or in part) the services offered through the Mobile App Platform
PROHIBITED USE OF MOBILE APP
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Mobile App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Mobile App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Mobile App. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Mobile App, or any other systems or networks connected to the Mobile App or to any server, computer, network, or to any of the services offered on or through the Mobile App, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Mobile App or any network connected to the Mobile App nor breach the security or authentication measures on the Mobile App or any network connected to the Mobile App. You may not reverse look-up, trace or seek to trace any information on any other Client of or visitor to Mobile App, or any other customer, including any account on the Mobile App not owned by You, to its source, or exploit the Mobile App or any service or information made available or offered by or through the Mobile App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Mobile App.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, domain name used by us including the terms Carriaje, Carriaje Mobile App, Foster Soft Solutions OPC Private Limited or otherwise engage in any conduct or action that might tarnish the image or reputation, of Carriaje, Carriaje Mobile App, Foster Soft Solutions OPC Private Limited or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with Carriaje, Carriaje Mobile App, Foster Soft Solutions OPC Private Limited owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Mobile Based Platform, Carriaje Mobile App‘s systems or networks, or any systems or networks connected to Carriaje Mobile App, Mobile Based Platform
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Carriaje Mobile App, Mobile Based Platform
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, You send to us on or through the Mobile App or any service offered on or through the Mobile App. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.
You shall not engage in sharing any services being provided to You through the Mobile App or related to us with any person including but not limited to individuals, companies, entities etc. You may not transmit any chain letters or unsolicited commercial or junk email to other Clients via the Mobile App.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Mobile App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
It is possible that other Clients (including unauthorized Clients or “hackers”) may post or transmit offensive or obscene materials on the Mobile App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Mobile App, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Mobile App You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Mobile App. Please carefully select the type of information that You publicly disclose or share with others on the Mobile App.
Carriaje Mobile App shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
You shall not reverse engineer the Mobile Based Platform, Carriaje Mobile App in whatsoever manner. You shall not build any products, services competing to us, our business, Carriaje Mobile App, Mobile Based Platform.
You shall not tamper with the Mobile Based Platform in whatsoever manner. In addition, you shall not also tamper with the licensing system provided to You through the Mobile Based Platform, Carriaje Mobile App
You shall not gain any unfair advantage using, tampering with the Mobile Based Platform, Carriaje Mobile App, licensing system etc.
You shall not gain or attempt to gain unauthorized access in whatsoever manner to the Mobile Based Platform, Carriaje Mobile App
The Content, text, graphics, Client interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to (Carriaje Mobile App) shall be the property of Foster Soft Solutions OPC Private Limited and we have worldwide, perpetual rights in regard to such Content.
The Mobile Based Platform, Carriaje Mobile App may also contain images of vehicles, parts, names, logos of various organisations (vehicle and spare parts manufacturers), photos of customers and their vehicles, information related such vehicles, details of the customer, spare parts etc. which is a third party content. The Mobile Based Platform, Carriaje Mobile App is merely an intermediary for this purpose.
The Mobile Based Platform, Carriaje Mobile App hereby acknowledges that such third party content is owned by the respective owners.
You hereby agree to use such third party content specifically vehicle related information, spare parts details, photos of vehicles only for a specific purpose of providing services. You acknowledge and agree not to use such third party content for any other purpose. In addition, you shall not copy, post such third party content on any medium including electronic by way of emails, social media, over the top applications like whatsapp, chats, media etc.
INTEGRATION WITH THIRD PARTY PROVIDERS
Carriaje Mobile App may integrate the mobile based platform with third party providers including but not limited to payment gateways, service catalogs etc. and may share data for facilitating transactions
Carriaje Mobile App shall not be responsible for any issues relating to Mobile Based Platform, incorrect computations, failure of payments.
Carriaje Mobile App shall not take any responsibility, liability for the images, content, services including any third party content. Carriaje Mobile App does warrant and endorse such third party content in whatsoever manner
You shall be obliged to provide accurate information and other details to us
You shall also adhere to the minimum age requirement i.e. 18 years as defined by the law of the land
You shall read all the policies, terms mentioned in the Mobile App
You shall not copy or use the information contained in the Mobile App
You shall ensure compliance to the Client Review policy contained herein
You shall ensure confidentiality with regard to your account credentials including but not limited to passwords
You shall be responsible for all activities you do using your account
You shall not tamper with the Mobile Based Platform , Carriaje Mobile App
You shall not share the Mobile Based Platform, Carriaje Mobile App with any one including individuals, companies etc.
You shall not transfer the license given by us to any other person, business, location without written authorization
You shall be keep your credentials, passwords reasonably secure
You shall not engage in any activities mentioned in “PROHIBITED USE” (mentioned herein ) either directly, indirectly or in whatsoever manner
OFFERS AND PROMOS
The Mobile Based Platform, Carriaje Mobile App facilitates You to create your own offers and promos for their customers. However, in some cases, the Carriaje Mobile App may push such offers and promos to the customer via its technology ensuring coordination with You.
All information regarding any offers and promos including but not limited to offer terms, coupons, promos, redemption, eligibility, expiry etc. shall be provided in the respective offers and promos and all such information shall be provided by You. These terms may differ from one offer to other.
Foster Soft Solutions OPC PRIVATE LIMITED and Mobile App (Carriaje Mobile App) shall not be responsible in whatsoever manner for any offers and promos. The Carriaje Mobile App, Mobile Based Platform shall be a mere displaying platform for this purpose.
WARRANTIES AND LIABILITY
This Mobile App, all the services, included on or otherwise made available to You through the Mobile Based Platform, Carriaje Mobile App are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Carriaje Mobile App does not warrant that: This Mobile App will be constantly available, or available at all; or the information on this Mobile App is complete, true, accurate or non-misleading.
Carriaje Mobile App shall not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Mobile App.
You shall be responsible for all the data, content, information uploaded by You on, through the Mobile Based Platform, Carriaje Mobile App.
Carriaje Mobile App does not warrant that the information, Content, materials, product (including software) or services included on or otherwise made available to You through the Mobile App; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Mobile App constitutes, or is meant to constitute, the advice of any kind.
You will be required to enter a valid name, phone number, email id while availing any of the services mentioned on the Mobile App. By registering your phone number, details with us, You consent to be contacted by us via phone calls, email, SMS notifications or other mechanisms, in case of any updates.
APPLICABLE LAW / JURISDICTION
Carriaje Mobile App does not warrant that description or other content of this Mobile App is accurate, complete, reliable, current, Damage of goods, accident, time or error-free and assumes no liability in this regard.
Users of Carriaje app are not employees of Carriaje (Foster Soft Solutions OPC Pvt. Ltd.)
LIMITATION OF LIABILITY
By downloading or using the app, these terms will automatically apply to you-you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Foster Soft Solutions OPC Pvt. Ltd. .
Foster Soft Solutions OPC Pvt. Ltd. is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Carriaje app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Carriaje app won’t work properly or at all.
You should be aware that there are certain things that Foster Soft Solutions OPC Pvt. Ltd. will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Foster Soft Solutions OPC Pvt. Ltd. cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Foster Soft Solutions OPC Pvt. Ltd. cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Foster Soft Solutions OPC Pvt. Ltd. cannot accept responsibility
With respect to Foster Soft Solutions OPC Pvt. Ltd. ’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Foster Soft Solutions OPC Pvt. Ltd. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Foster Soft Solutions OPC Pvt. Ltd. does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.