TERMS AND CONDITIONS
Terms and Conditions
Terms for Service Partners
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.
PIKKAR RENTAL SERVICES PRIVATE LIMITED (“Pikkar” / “Company” / “us”, “we” or “our”) provides technology-based services and acts as an intermediary for facilitating: (i) on-demand transportation services by means of two-wheelers (“Bikes”), three-wheelers (“Autos”) and four-wheelers (“Cabs”) (collectively, “Vehicle(s)”) (“Transportation Services”). (Transportation Services across all vehicles are referred to as “Services”). Pikkar also offers other support services (such as associated payment collection) from time to time by means of its website and the mobile application “Pikkar” (collectively, “Platform”).
The Services are provided by third-party vehicle operators, service providers, or riders who desire to offer such Services via the Platform (“Service Partners” / “you”).
On the basis of your representations and warranties, the Company has agreed to list the Vehicles on the Platform and to enable you to provide the Services through the Platform in accordance with the following terms and conditions (collectively, “Terms”) and any other policy, agreement, or document made applicable / executed by you for the purpose of providing Services. These terms and conditions will regulate your relationship with the Company during the provision of the Services. By registering or signing up on the Platform and offering to provide one or more of the Services, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them without limitation or qualification. Please do not sign up or register on the Platform or offer any Services if you do not agree to these terms and conditions.
Access to and use of the Platform is contingent upon your unreserved acceptance of all terms, conditions, and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), as well as any amendments made by the Company at its sole discretion and posted on the Platform from time to time. Access to and use of the Platform is contingent upon your unreserved acceptance of all terms, conditions, and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), as well as any amendments made by the Company at its sole discretion and posted on the Platform from time to time.
- Registration on and use of the Platform
- We provide the Platform for you to interact with Users: Facilitate the generation of leads and discoverability of Service Partners who provide or propose to provide services on their own as a service provider via Vehicles, in accordance with terms and conditions agreed between users who request and/or avail such services (“Users”) and Service Partners. .
- Pikkar may acquire Service Partner Information (as defined below) at the time of Service Partners’ onboarding in order to verify their identities. Pikkar reserves the right to store, process, access, and use Service Partner’s Information for business purposes and requirements, background check, verification, marketing, service, development, analytics, and research, as well as any other purpose Pikkar deems appropriate and consistent with its Privacy Statement. The Service Partner consents expressly to the collection and use of Service Partner Information in this manner.
- Pikkar may provide to a third party, governmental agency, judicial body, any Service Partner Information or information relating to the Service Partner, if there is a complaint, dispute or conflict, including any accident involving a Service Partner on one hand and end-consumer, or a third party on the other hand.
“Service Partner Information” shall mean and include any personal data or Information collected from the Service Partner, including know your customer documents with Service Partner’s bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Service Partner’s Vehicle and any other Information that Pikkar may deem fit.
- By using the Platform, you authorize Pikkar, either directly or indirectly through third parties, to collect information about you, including Service Partner Information, or to conduct any inquiries necessary to validate your identity, including background checks, in accordance with our Privacy Statement. Please review our Privacy Statement to learn how we collect, process, and share your information, including Service Partner Information, personal information, and sensitive personal data or information (collectively “Information”).
- When you provide Pikkar with any Information, you will only provide true, accurate, up-to-date, and complete Information. You acknowledge that it is your sole responsibility to provide accurate Information, including your contact information, bank account details, etc. We are not responsible for confirming the accuracy of the information you provide.
- To be eligible to use the Platform, you must meet the enrollment requirements, provide the documents requested by Pikkar (from time to time) in accordance with applicable law and Pikkar’s internal policies, and maintain compliance with the same.
- Particularly, you represent, warrant and covenant to Pikkar that:
- You have at least 2 years or driving experience;
- No proceeding is pending against you regarding and neither have been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror, in the past 3 years; and
- You have cleared and have no pending challans applicable to the Vehicle prior to integration with the Platform.
- You are required to register on the Platform and establish an account on the Platform (“User Account”) by providing accurate Information as requested during the registration process.
- In addition, we may request information or documents that will enable us to reasonably identify you, either directly or indirectly through third parties, requiring you to take steps to confirm your ownership of your email address or financial instruments or verifying your information against third-party databases or other sources. If we are unable to obtain or verify this Information, we reserve the right to terminate, suspend, or restrict your access to the Platform.
- You agree to accept responsibility for all activities that occur in or from your User Account, and to establish reasonable security procedures and controls to limit access to the password or other identifying information of your User Account to unauthorized individuals, which includes selecting passwords and other credentials in a way that protects the security of your Information. Your credentials consist of your username and password for as well as any third-party accounts you’ve used to log in.
- Pikkar will not be liable for any breach of security or unauthorized use of your User Account.
- If you do not download the correct mobile application, including the correct and compatible version of the Pikkar mobile application, the Company is not liable.
- You agree that Pikkar (directly or indirectly through its affiliates or third parties) may communicate with you in relation to the Platform or the services via electronic means (such as push notifications), phone calls, the WhatsApp messenger application, email, or other modes of communication.
- After registering your User Account, you will be discoverable by Users on the Platform and will be able to offer and provide services based on the pick-up and drop-off locations selected by the User and the charge agreed upon by you and the User.
- After the User has accepted your price request, you can communicate with them on the Platform.
- The Platform will display a pricing range based on the distance between your selected pick-up and drop-off locations. The fees will be determined jointly by you and the Service Partner.
- General Covenant
In relation to your access of the Platform and to provide the services, you covenant and agree to the following:
- For the purposes of registration/creation of an account on the Platform and providing the services, you confirm that you are 18 years of age.
- You are not restricted by any legal, regulatory, judicial, quasi-judicial, or other authority, to access the Platform or provide the services, including to enter into transactions contemplated using the services.
- You will provide the services solely as permitted and in accordance with these Terms
- These Terms impose valid and legally binding obligations on you and are enforceable against you.
- Your Conduct
In relation to the Platform, the Service Partner agrees to:
- Not authorize others to use your User Account;
- Not assign or otherwise transfer your User Account to any other person or legal entity;
- Not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- Not consume alcohol or drugs, or be under the influence of drugs or other illegal substances, prior to or during the provision of services. Pikkar has a zero-tolerance policy in respect of use of drugs, alcohol, intoxicants or other illegal substances, by any Service Partner and the Users can report any such behaviour to Pikkar and strict action will be taken by Pikkar including but not limited to suspension of your services/ Your Account while under investigation and termination;
- Not impair the proper operation of the network/ Platform and 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, to surreptitiously intercept or expropriate any system, data or information in connection with the content hosted/ available on the Platform, or to affect the operation of any other websites or the internet;
- Not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique;
- Not try to harm the Platform in any way whatsoever;
- Not copy, or distribute any content on the Platform without written permission from the Company; and
- Not use the Platform with an incompatible or unauthorized device.
- Payment Terms
- The Company shall charge the Service Partner a fixed subscription fees, as consideration for its provision of the Platform, as updated on the Platform from time to time, subject to any applicable taxation. Subscription fees will be as follows;
Category |
Fees |
Two-Wheeler |
Rs. 1000 |
Three-Wheeler |
Rs. 1500 |
Four Wheeler |
Rs. 2000 |
*Applicable rates of GST will apply on each category of subscription fees.
- Service Partner will receive payments for services rendered to Users directly from Users.
- Service Partner may impose cancellation fees, refunds, and other charges, including taxes, on Users in connection with the provision of services. These charges, fees, and other payments owed by the User to the Service Partner or by the Service Partner to the User are part of the contractual agreement between the User and the Service Partner for the services and must be resolved between the User and the Service Partner. Pikkar assumes no responsibility or liability for any such payments.
- The Service Partner will issue appropriate invoices to User for or in connection with the services, as required by applicable law, including goods and services tax laws. Pikkar will not issue a bill to the User for the services, as all transactions relating to the services, including payments, are resolved directly between the User and the Service Partner, and Pikkar plays no role in the same.
- Service Partner agrees and acknowledges that Pikkar is not responsible in any way for the settlement of payments owed to you by the User.
- These terms and conditions are subject to all applicable statutory taxes, duties, fees, charges, and/or costs, however denominated, and any future taxes that may be introduced at any time. You further undertake to use your best efforts to do everything required by applicable law to enable, assist, and/or defend Pikkar in claiming or verifying any input tax credit, setoff, rebate, or refund for any taxes paid or payable in connection with the services.
- You are responsible for the collection and remittance of all taxes associated with the services you or any transactions conducted through your use of the services, and Pikkar is not liable for any transactions between Users and Service Partners in which a tax-related issue has arisen.
- Representations and Warranties
- The Service Partner and Company represent the following;
- They have all requisite power and authority to, deliver and perform, the obligations imposed herein;
- The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement applicable to each party; and
- They have not been convicted by any court in India or any other country of any crimes, including those involving moral turpitude.
- The Service Partner hereby represent, warrant and covenant the following;
- They have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder the Service Partner from the performance of the services or using the Platform;
- They have all rights, licenses, and permits as may be required under applicable laws to perform the services in accordance with these T&Cs;
- They are in compliance with the Motor Vehicles Act, 1988 (“MV Act”), and any other applicable laws (including rules, regulations and orders notified thereunder) as required to be complied with by any person driving Vehicles and providing the services;
- At the time of onboarding with the Platform, they have not been convicted within the past 3 years, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, ‘1973 or the Indian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror;
- They hold and will maintain updated/ renewed licenses, insurance and permits necessary for the use of Vehicle;
- They will maintain the Vehicle in a clean, fit and proper condition;
- They will not drive rashly, will follow traffic regulations and all applicable laws, not consume liquor/ cigarette/ bidi, or any other kind of intoxicant and will have and hold a valid driving license and registration/ insurance papers for the Vehicle at all times, during the performance of the services;
- The Service Partner will not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the User. The Service Partner will take all calls from the User and the Company only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or without violating any traffic rules;
- They will provide the services in a courteous and professional manner as reasonably expected by a service provider providing the services;
- They will at all times during which he is undertaking the services, maintain dress, appearance, and hygiene codes reasonably expected from a service provider;
- They will perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality and integrity to be reasonably expected of an experienced and reputable provider of services;
- They will provide services in accordance with all the specifications that may be prescribed and formulated by the Company from time to time;
- They will follow all the standard operating procedures (SOPs) and policies that may be prescribed and formulated by the Company from time to time;
- They will not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of the services;
- They will not seek any extra monetary compensation from the User for the completion of services by way of tips or otherwise;
- They will not commit any fraud while providing the services or otherwise commit any act or omission, to gain any undue advantage which may include, but not be limited to: intentionally falsify information; accept Service Requests without the intention to complete or provide the services, provoke Users to cancel for fraudulent purposes; claim fraudulent fees or charges; intentionally request, accept, or complete fraudulent or falsified Service Requests; deliberately increase the time or distance of a trip for fraudulent purposes or otherwise; actions intended to disrupt or manipulate the normal functioning of the Company’s Platform, including manipulating the settings on a phone to prevent the proper functioning of the Platform and the GPS system; or falsify documents, records, or other data for fraudulent purposes; creating improper duplicate accounts; or falsify documents, records, or other data for fraudulent purposes, or any other fraudulent, negligent or unlawful activity in contravention of the intent of these T&Cs, permitted scope of services envisaged under these T&Cs, or applicable laws;
- They will ensure that the Vehicle has a valid fitness certificate issued, insurance certificate, pollution under control certificate, and other permits/ certificates/ licenses and will operate under valid and subsisting permit(s) granted under relevant provisions of MV Act or any other applicable law; and
- They will adhere to applicable laws including in relation to road safety, abide by traffic signals, speed limits and such other norms or rules applicable for plying the Vehicle on road.
- Relationship between the Parties
Service Partner will operate as an independent service provider/contractor and have the status of an independent contractor as per the law. Principal-to-principal describes the relationship between the Company and the Service Partner. The Company and the Service Partners are separate legal entities, and nothing in these Terms and Conditions shall be construed to establish a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Service Partner. It is clarified that the Service Partner has no authority to enter into contracts for and/or on behalf of the Company or otherwise obligate the Company.
- Confidentiality
- The Service Partner will maintain the confidentiality of all data, including customer information, market data, all related work products and documents, and the contents of the Platform, and will not sell or otherwise disclose this information to third parties. Unless otherwise agreed, the data of Users will be the sole property of the Company, and the Service Partner will not use or distribute such data in any form or by any means other than for the purpose of providing the services and as authorized by the Company, and will maintain its confidentiality at all times.
- All nonpublic information pertaining to us or disclosed to you by us or our affiliates that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, ought to be regarded as confidential. Confidential information may include, but is not limited to the following:
- contents/ information relating to services and Platform;
- information relating to our or our affiliates or business partners’ technology, software, -customers, business plans, product plans and designs, promotional and marketing activities, finances and other business affairs;
- third-party information including that of Users which we are obligated to keep confidential;
- the nature, content and existence of any discussions or negotiations between you and us or our affiliates; and
- any other information which should be reasonably kept confidential.
- Proprietary Rights
- The Company is the sole proprietor and authorized licensee of all rights to Platform or any other digital media and their contents. The content includes its design, layout, text, images, graphics, audio, video, website/Platform, etc., as well as any other digital media content containing trade secrets and Intellectual Property Rights protected by worldwide copyright and other laws. The Company, its affiliates, agents, authorized representatives, or licensors will retain all titles, proprietorship, and Intellectual Property Rights to the Platform and its content (excluding links to third-party websites).
The term “Intellectual Property Rights” refers to 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 aforementioned includes any registrations of, applications to register, and renewals and extension requests for the respective in any jurisdiction of the world.
- All rights not expressly granted in these terms and conditions or by the company are reserved. This Platform is solely intended to provide general information for the personal use of the consumer, who assumes full responsibility for its application.
- All related insignia and logos are registered trademarks, service marks, or word marks of the Company in various jurisdictions and are protected by applicable copyrights, trademarks, and other laws governing proprietary rights. Copying, modifying, using, or publishing these marks without permission is strictly prohibited.
- Subject to your compliance with these Terms and Conditions, the Company grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Pikkar mobile application on a single mobile device that you own or control and to run such copy of the Pikkar mobile application solely for your own personal use and for the provision of the services.
- Service Provider Data: As between Pikkar and Service Partner, all rights, title, and interest in (i) the Information, (ii) other information input into the Platform by Service Partner or its authorized users (“Other Information”), and (iii) all Intellectual Property Rights in each of the aforementioned, belong to and are retained solely by Service Partner. The combination of Information and Other Information is referred to as “Your Information.” Service Partner grants Pikkar an unlimited, non-exclusive, royalty-free, worldwide license to use Your Information and perform all acts with respect to Your Information, as may be required for Pikkar to operate, maintain, and improve the Platform or provide the services to Users, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, and distribute the Other Information as part of the Aggregated Statistics (definition). Service Partner bears sole responsibility for the precision, quality, veracity, integrity, legality, dependability, and adequacy of Your Information. Pikkar agrees to access and use Your Information solely for the benefit of the Service Partner/User and as specified in these Terms and Conditions or the Privacy Statement.
- Aggregated statistics: Notwithstanding anything else in these T&Cs, Pikkar may monitor Service Partner’s use of the Platform and use data and information related to such use and Your 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 Pikkar and Service Partner, all right, title, and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by Pikkar. Service Partner acknowledges that Pikkar will be compiling Aggregated Statistics based on Your Information and Information input by other customers/ other Service Partners into the Platform. Service Partner agrees that Pikkar 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 do not identify Service Partner.
- Indemnity
The Service Partner agrees to indemnify, defend, and hold harmless the Company, its affiliates, licensees, and its officers, directors, agents, and employees, from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including attorneys’ fees and court costs) resulting from a breach or alleged breach of these Terms and Conditions by you, including but not limited to: (i) your use or misuse of the Platform or services; (ii) your breach or violation of any of these T&Cs; and (iii) any claims from any third-party and/or User as a result of or in connection with your use of the Platform or the services.
- Disclaimers
- THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES PROVIDED BY PIKKAR AND/OR THE PLATFORM. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT (A) THE USE OF THE SERVICES PROVIDED BY PIKKAR AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR FUNCTION IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE USE OF THE SERVICES PROVIDED BY PIKKAR AND/OR (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. (F) THE PLATFORM OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The platform is provided on a strict “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. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of the Platform. You acknowledge and agree that the entire risk arising out of your use of the Platform remains solely and absolutely with you and you will have no recourse whatsoever to the Company.
- The Company makes no representations or warranties as to 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 an advertisement or any other information or offer.
- All rights not expressly granted in these terms and conditions or by the company are reserved. This Platform is solely intended to provide general information for the personal use of the consumer, who assumes full responsibility for its application.
- Neither party shall be liable for delays or failures in performance resulting from events beyond its reasonable control and which are not the result of its error or negligence. These excusable delays or failures may be the result of, among other things, strikes, lockouts, uprisings, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.
- The information and recommendations supplied on or through the website or Platform are for informational purposes only and do not constitute professional advice.
- The Company will make reasonable efforts to keep the Platform and its contents accurate and up-to-date and to provide you with uninterrupted access. However, the Company does not guarantee that the Platform is free of errors, defects, malware, or viruses, nor that the Platform’s contents are accurate, up-to-date, or correct. Pikkar assumes no responsibility for any monetary or other damages or losses incurred by you as a result of the Platform’s delay, failure, interruption, or errors.
- In addition, the Company is not liable for damages resulting from the use of or inability to use the Platform, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
- Service Partners are independent purveyors of their services. The Company is not liable for the conduct, actions, or inactions of Service Partners, nor for the quality of the Vehicle or services. Any contract for services, including payment for such services, is solely between the User and the Service Partner; the Company is not a party to the same.
- It is clarified that the Company is not a service provider and does not provide its own services. Company’s function is limited to providing a platform that facilitates the generation of leads and the discovery of Users and Service Partners, as well as connecting third party service providers that offer or provide services directly to Users.
- Limitation of Liability
- The Company is not liable for the conduct, actions, or inactions of the Service Partners, nor for the condition of the Vehicle. The User and the Service Partner are the only parties to any contract for the provision of the Vehicle; the Company is not a party thereto.
- Pikkar neither evaluates nor monitors the suitability, legality, or competence of any Service Partner, and you expressly waive and release Pikkar from any and all liability, claims, or damages originating from or in any way related to the Service Partner. Pikkar will not participate in disagreements or negotiations between you and the Service Partner. We are unable and unwilling to manage payments between you and the Service Partner. Your decisions regarding services provided by the Service Partner, software, and/or the Platform (and their consequences) are solely your responsibility. You expressly waive and release Pikkar from any and all liability, claims, causes of action, or damages originating from your use of the service, software, and/or Platform, or relating in any way to the Service Partner introduced to you by the service, software, and/or Platform.
- IN NO EVENT WILL PIKKAR 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 PIKKAR’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/-.
- Termination
- Company may terminate these Terms and Conditions at any time and with immediate effect at its sole discretion (by disabling the Service Partner’s registration on the Platform and use of the Platform) for any of the following reasons;
- Any violation or breach of any term of these Terms or non-compliance with the requirements under applicable laws;
- If the Service Partner, in the opinion of the Company, misuses the Platform; and
- Company may terminate these Terms and Conditions at any time and with immediate effect at its sole discretion (by disabling the Service Partner’s registration on the Platform and use of the Platform) for any of the following reasons;
- Where, in their opinion, continuance of the services of Service Partner is detrimental to the business interest of Pikkar due to the acts of the Service Partner.
- The Company may terminate these Terms immediately on the above grounds and is not obliged to give notice of the termination of these Terms in advance.
- Pikkar or Service Partner may terminate these Terms by providing 7 days’ written notice to the other party.
- Pikkar, in addition to its right to terminate these T&Cs, in its sole discretion reserves the right to legally prosecute the Service Partner immediately, if there is reason to believe that the such Service Partner has indulged in any fraudulent activity or contravened the Terms of the Platform or violated any applicable laws, and Pikkar will not be responsible for any consequences to the Service Partner arising from the same.
- Governing Law, Jurisdiction and Dispute Resolution
- These T&Cs will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
- Parties hereby submit to the exclusive jurisdiction of the courts of Hyderabad, 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 15 (fifteen) days from the date of first initiation of the dispute by one party to 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 arbitrator mutually appointed by you and the Company.
- The arbitration proceedings will be conducted in English language only and the seat for arbitration will be Hyderabad, India.
- The award of the arbitral tribunal will be final and binding.
- You may not assign your rights under these Terms and Conditions without the Company’s prior written consent. Pikkar may freely assign its rights and responsibilities without prior notice or Service Partner’s consent.
The Company reserves the right, at its sole discretion, to modify these terms periodically and as necessary. Pikkar will make a reasonable effort to notify you of any changes to these Terms that it deems material, but it is your responsibility to periodically examine the Terms posted on the Platform to determine whether they have been modified. The updated version of these Terms and Conditions will supersede the current version, effective immediately upon posting to the Platform. The continued use of the Platform following notification of a change to the Terms and Conditions or after being updated on the Platform will be construed as acceptance of the modified Terms and Conditions.
- Severability
If any portion of these terms and conditions is determined to be unenforceable, the remainder will continue in full force and effect.
- 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 information, or by written communication sent by regular mail to the Service Partner’s address on record in the Company’s account information.
Service Partner needs to send any notice at email id: support@pikkar.in
- Customer Care and Grievance Redressal
Any opinions, issues or suggestion regarding the Platform can be provided / resolved by reaching out to the customer care number or email mentioned below:
Customer Care details: help@pikkar.in
You can also reach out to the Customer Care through our 24*7 call support with respect to any technical issues faced by you on the Platform.
Terms of Users
Introduction and About Us
The following terms of service (these “Terms of Service”), govern your access to and use of the Pikkar.in website and mobile application, including any content, functionality and services offered on or through https://pikkar.in/ or the Pikkar mobile application (the “Platform”) by PIKKAR RENTAL SERVICES PRIVATE LIMITED, having its registered address at #305, 3rd Floor, Silver Oaks Complex, Opp: Khaja Mansion, Banjara Hills, Road No. 10 referred herein as “Pikkar” “Company” “we” or “us” and “you”, “Customer” or “User” means you as a user or customer of Pikkar and the Platform.
Please review these Terms of Service thoroughly before using the Platform. You accept and agree to be bound and abide by these Terms of Service and our Privacy Statement, which is incorporated herein by reference, by using the Platform, opening User Account, or by clicking to accept or agree to the Terms of Service when this option is made available to you. You also acknowledge that you have read and comprehend these Terms of Use, which can be found here. If you do not concur with these Terms of Service or the Privacy Statement, you are not permitted to access or use the Platform.
By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements or do not agree to these Terms of Use, you must not access or use the Platform. For your ease of reference and review, we have categorized these terms into categories namely the “Terms for Users” and “Terms for Service Partners”.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY ACT, 2000 AND RELATED RULES AND THE PROVISIONS RELATING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
Terms for Users
You would receive all of our services through your use of the Platform. These Terms shall regulate your relationship with us during your use and our provision of the Services. These Terms govern your access to, interaction with, and use of the Platform and Services.
Before using the Platform, registering on the Platform, accessing any content or information through the Platform, or utilizing the Services, please read these Terms attentively. You acknowledge that you have read and understood these Terms and agree to be bound by them without limitation or qualification by using this Platform or utilizing the Services. Please do not access the Platform or utilize the Services if you do not agree with these Terms.
These Terms supersede any prior agreements or understandings with you. Access to and use of the Platform is contingent upon your acceptance of all terms, conditions, and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), as well as any amendments made by the Pikkar at its sole discretion and posted on the Platform from time to time.
- SERVICES
We provide Users with the following services (“Services”);
- A platform that facilitates the pick-up and drop from one location to another via the services of vehicle operators (“Service Partners”); and
- A Platform to facilitate lead generation and discoverability of Service Partners who provide or offer to provide services on their own account to you by means of four-wheeler vehicles (“Cabs”).
- A platform to facilitate the booking of two-wheelers (“Bikes”) and three-wheelers (“Autos”) (collectively, “Vehicle(s)”) and transportation services provided by Service Partners (“Transportation Services”).
- User Representations, Warranties and Undertakings
Regarding your use of and access to the Platform or your use of the Services, you represent, warrant, and agree to the following;
- You are atleast eighteen (18) years of age;
- The Service is not available to Users under 18 years of age. You may not authorize third parties to use your User Account and you may not permit minors to receive Services through Service Partners unless accompanied and/or supervised by you. However, you agree to assume full responsibility for the use of the Services by such minors, including ensuring their safety while using the Services, and we will not be responsible or liable for any resulting consequences;
- These Terms impose on you valid and legally bound obligations that can be enforced;
- You are not prohibited by any legal, regulatory, judicial, quasi-judicial, or other authority from gaining access to the Platform or utilizing the Services, including engaging in transactions envisioned for utilizing the Services;
- You agree to use the Services only in accordance with these Terms of Use and all applicable laws;
- By using the Platform or the Services, you grant us the permission to collect information about you or make any inquiries necessary to validate your identity, in accordance with our Privacy Statement. Please review our Privacy Statement to learn how we collect, process, and share your information, including personal and sensitive personal data or information (collectively “Information”);
- We may request Information or documents that will enable us to identify you, such as requiring you to take measures to confirm your ownership of your email address or financial instruments or verifying your Information against third-party databases or other sources. If we are unable to obtain or verify this Information, we reserve the right to terminate, suspend, or restrict your access to the Services;
- You agree to provide only true, accurate, current, and complete information when you provide Information to us. You recognize and agree that it is solely your responsibility to provide accurate Information, including contact information, bank account details, etc., as required in connection with your access to the Services. You must exercise extreme caution to ensure that the information you provide us is error-free. We are not responsible for confirming the accuracy of the information you provide.
- Operation of the Platform
- You are required to register on the Platform and establish an account on the Platform (“User Account”) by providing accurate Information as requested during the registration process. You are solely responsible for maintaining the secrecy of your credentials (username, password, etc.) supplied upon registration, and we are not liable for any loss you may incur as a result of someone else using your User Account, with or without your knowledge.
- Your User Account is non-transferable, non-assignable and cannot be sold to a third-party.
- You agree to assume responsibility for all activities that occur under your User Account or with your User Account’s credentials. You agree to establish reasonable security procedures and controls to limit unauthorized access to the password or other identifying information of your User Account, which includes choosing passwords and other credentials in a manner that protects the security of your Information. Your credentials consist of your username and password for your User Account as well as any third-party accounts you’ve used to log in to your User Account.
- You agree to notify us immediately if you have any reason to believe that your login information has become known to an unauthorized third party, or if the password or your User Account is being or is likely to be used in an unauthorized manner.
- We will not hold any liability for any breach of security or unauthorized use of your User Account.
- We will forward your booking request made on the Platform (the “Service Request”) to the Service Partner via an app-based GPS-GPRS-enabled Device that Service Partner possesses.
- Calls made to Service Partners by you shall be monitored and recorded for training and quality purposes.
- We reserve our right to accept or reject a Service Request.
- If the Service Partner accepts the Service Request, you will receive a notification with information about the Service Partner, such as their name, phone number, vehicle registration number, etc.
- We will make reasonable efforts to put you in touch with the Service Partner so that you can obtain the Service, provided that the Service Partner is available in or around your location at the time you submit a Service Request.
- Even after acceptance of the Service Request, the Service Partner may not arrive at your pick-up location or may decide not to provide the Service, in which case we are not liable.
- We will not accept any liability if you download the wrong App or access the wrong website.
- For the avoidance of ambiguity, it is clarified that the Company does not itself provide any Services; rather, the Platform facilitates these services. Service Partner is accountable for providing you with Services. You acknowledge that Pikkar is merely an aggregator and does not provide the Services as a transportation carrier, and that the Services are provided directly by third-party independent contractors (Service Partners) who are not employed by Pikkar or its affiliates.
- The Company reserves the right to discontinue or introduce new Service Request and/or Service delivery methods.
- Use of Services
- Once you have registered User Account on the Platform, you will be able to discover available Service Partners who offer to provide Services from your chosen pick up location and your chosen drop off location.
- Once any Service Partner accepts the ride request, you can communicate with the Service Partner on the Platform.
- The Platform will reflect a standard price range for the distance between your chosen pick up and drop off location. The charges will be decided by you and the Service Partner mutually. Pikkar is not involved or responsible for fixing the charges for the ride.
- The Company reserves the right to vary, or discontinue, any of the Services and/ or making the Services available in their entirety.
- Your Conduct
- You will only use the Services for lawful purposes and in accordance with all applicable laws. You will also refrain from doing anything that we reasonably believe to be disreputable or capable of causing harm to our reputation and will comply with the laws applicable in the territory of India.
- You will treat our Service Partner with respect and refrain from damaging their vehicle or engaging in illegal, menacing, harassing, or abusive conduct while using their vehicle.
- The Company is not liable for the conduct, actions, or inactions of Service Partners or the grade of Vehicles that they may offer to you. The Company is not a party to any contract between you and the Service Partner for the provision of the Vehicle and/or the Services.
- By using our Service, you acknowledge and agree that:
- You will download and use our Platform for your sole, personal use and will not resell it to a third-party;
- You will not authorized other to use your User Account;
- You will not assign or otherwise transfer your User 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 Company, Service Partners, or third parties nuisance, annoyance, or inconvenience;
- You will not make improper use of the Platform or attempt to defraud the Company, the Service Partners, or third parties;
- You will not interfere with the proper functioning of the Platform and you will not use any device, software, routine, file, or other tool or technology, including any viruses, trojan horses, worms, time bombs, or cancelbots, intended to damage, interfere with, or affect the functionality or operation of the Platform or the Services, to covertly intercept or expropriate any system, data, or information in connection with the Services or as hosted/available on the Platform, or for any other unauthorized purpose.
- You will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure associated with the Platform or the Services, including, but not limited to, denial-of-service attacks, spam, or other unsolicited overload techniques.
- You will not try to harm the Platform in any way whatsoever.
- You will not reproduce or distribute the Platform or its contents without the Company’s express written permission;
- You will keep secure and confidential your User Account password or any identification which the Company may provide you which allows access to the Platform;
- You will provide the Company with any identification documents we request;
- You will only utilize an authorized access point or at least a 3G, 4G, or 5G data account access point.
- You will not use the Platform in conjunction with an incompatible or unauthorized Device;
- You agree not to engage in any fraudulent activities, including, but not limited to, intentionally falsifying Information, creating dummy/duplicate accounts for fraudulent purposes, manipulating the settings of a phone/Device to prevent or impair the proper functioning of the Platform, abusing promotions and/or not using them for their intended purpose, disputing charges for fraudulent or illegitimate reasons, falsifying documents, records, or other data for fraudulent purposes, or any other fraudulent activity; and
- We reserve our right to suspend any additional accounts created by you.
- Communication and Notification
- You agree that Pikkar (either directly or indirectly through its affiliates or third parties) may communicate with you in relation to the Platform or the Services via electronic means (such as push notifications), phone calls, the WhatsApp messenger application, email, or other modes of communication.
- You will be deemed to have received any electronic communication within 24 hours of our sending it to you (via email, SMS, other online notification, or the WhatsApp messenger application, for example). We will presume you have received all postal mail we send you three business days after we send it.
- If you are a User who has registered on the Platform and provided us with your contact information, we may need to contact you in connection with the Services, and you give us and our permitted assigns and third-party agents your express consent to communicate with you in any way, such as by phone, text message, or email.
- Various factors influence the precision, intelligibility, clarity, and promptness of the communications. Pikkar assumes no responsibility for any non-delivery, delayed delivery, or modification of the communication.
- Payment for Services
- Fee Schedule for each service category is listed below;
Category | Fees |
Two-wheeler |
|
Three-wheeler |
|
Four wheeler |
|
- You will be required to pay for the Services you use by either using the online payment gateway on the Platform or by paying the Service Partners in currency. After receiving authorization from the Service Partners, the Company collects the charges for the Services on behalf of the Service Partners and remits payment to their bank account enrolled with the Company.
- Rates of services and cancellation fees will reflect on our Platform.
- The Company reserves the right to update or modify the fees for the Services at any time, and it will be your responsibility to remain informed of the fees for the Services.
- You agree to pay online or in cash for all Services you purchase from the Service Partner and for the use of the Platform. In the event that the payment cannot be acknowledged via the online payment system or any other method, you will be required to pay cash for the Services rendered. You agree and acknowledge that Pikkar is not responsible in any way for the settlement of cash payments made directly by you to the Service Partner.
- In order for us to effectuate UPI payments, we are required to validate your bank account and Virtual Payment Address (“VPA”), and you consent to these validations being performed. These validations are performed by a third-party service provider.
- Any payment made cannot be refunded. At the conclusion of the voyage for the Transportation Services, we will ensure that you receive a copy of the invoice from the Company via the e-mail address you have on file with the Company.
- Disclaimers
- All information provided on this website and the Platform is for general information purposes only and doesn’t constitute advice.
- Pikkar will make reasonable efforts to keep the Platform and its contents accurate and up-to-date and will provide you with uninterrupted access, but it does not guarantee that the Platform is free of errors, defects, malware, and viruses or that the Platform’s contents are accurate, up-to-date, and correct. Pikkar assumes no responsibility for any monetary or other harm or loss incurred by you as a result of the Platform’s delay, failure, interruption, or errors.
- In addition, the Company is not liable for damages resulting from the use of or 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 a location other than India, you do so at your own risk and are solely responsible for complying with the local laws and regulations of that location. The fact that you can access the Platform through the internet in a country other than India does not imply that the laws of that country regulate these Terms or your use of the Platform. We assume no responsibility, direct or indirect, for noncompliance with the laws of any nation other than India.
- 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 Pikkar.
- The quality of Services requested through the use of the Platform is solely the responsibility of the Service Partner who ultimately provides you with such services, and the Company is not liable for the same. However, any complaints regarding the Transportation Services provided by the Service Partner must be emailed to the Company 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.
- Intellectual Property Rights
- Pikkar is the sole proprietor and authorized licensor of all rights to Platform or any other digital media and their contents. The website’s, the Platform’s, and any other digital media’s content, including its design, layout, text, images, graphics, audio, and video, contains trade secrets and Intellectual Property Rights protected by worldwide copyright and other laws. The Company retains all titles, custody, and intellectual property rights to the Platform and its content, with the exception of third-party content and links to third-party websites.
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 expressly granted by these Terms or the Company are reserved. This Platform is solely intended to provide general information for the personal use of the consumer, who assumes full responsibility for its application.
- The Company makes no representations or warranties as to 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 an advertisement or any other information or offer.
- All related icons and logos are registered trademarks, service marks, or word marks of the Company in various jurisdictions and are protected by applicable copyrights, trademarks, and other laws governing proprietary rights. Copying, modifying, using, or publishing these trademarks without authorization is strictly prohibited.
- 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 run such copy of the Platform solely for your own personal use.
- Customer data: As between Pikkar 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 by Customer alone. The combination of Information and Other Information is referred to as “Customer Information.” Customer grants Pikkar 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 required for Pikkar 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 part of the Aggregated Information. Customer bears sole responsibility for the accuracy, quality, veracity, integrity, legality, dependability, and suitability of all Customer Information. Pikkar agrees to access and use Customer Information in accordance with these Terms and the Privacy Statement.
- Aggregated statistics: Notwithstanding anything to the contrary in these Terms, Pikkar may monitor Customer’s (including authorized users’) use of the Platform and 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 Services (“Aggregated Statistics”). As between Pikkar and Customer, all rights, titles, and interests in the Aggregated Statistics and all Intellectual Property Rights therein belong to Pikkar and are retained by Pikkar alone. Customer acknowledges that Pikkar will compile Aggregated Statistics based on Customer Information and Information entered into the Platform by other Customers. Customer agrees that Pikkar 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 data gathering, analysis, service enhancement, and marketing purposes, provided that such data and information do not identify Customer.
- You will not to the following:
- License, sublicense, sell, resell, transfer, assign, or otherwise commercially exploit or make the Platform available to any third party;
- 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 your use of the Platform, you may engage in correspondence with, purchase goods and/or services from, or participate in promotions of third-party Service Partners, advertisers, or sponsors whose goods and/or services are displayed via a link on the Platform. These links will transport you away from the Platform and are beyond the control of the Company. Consequently, you visit or access these websites at your own risk.
- Please note that these other websites may send their own cookies to users, collect data, or solicit personal information; therefore, you should review their terms of service or privacy policies before using them.
- Term and Termination
- The duration of these Terms, which constitute the contract between the Company and you, is indefinite. You may terminate the agreement between you and the Company at any time by deleting your User Account from the Platform.
- The Company may 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 provision of these Terms, (b) in the Company’s opinion, misuse the Platform or the Service, or (c) if there is reason to believe that the account is being used fraudulently.
- The Company is not required to provide advance notice of the termination. The Company will provide notice of termination in accordance with these terms.
- Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control and without its error or negligence. Such excusable delays or failures may be brought on by, among other things, strikes, lockouts, uprisings, rebellions, accidental explosions, floods, storms, acts of God, and similar events.
- In addition to its right to terminate or suspend access to Your Account and/or the Services in the event of a violation of these Terms, the Privacy Policy, or any applicable law, the Company reserves the right, in its sole discretion, to pursue legal action against you if you act in a way that the Company, in its sole capacity, determines involves fraud or misuse of the Platform, or is harmful to the Company’s interests or those of another user, any Service Pattern, or any other participating third-party.
- The failure of the Company to insist upon or enforce your stringent compliance with these Terms does not constitute a waiver of any of the Company’s rights.
- 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) that 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 arising out of your use of the Platform or the Services.
- Pikkar reserves the right, at your expense, to undertake the exclusive defense and control of any matter for which you are obligated to indemnify Pikkar, including settlement rights, and you agree to cooperate with Pikkar in the defense and settlement of such matters. Pikkar will make reasonable endeavors to notify you of any claim, action, or proceeding brought by a third party that is subject to the above indemnification, as soon as it becomes aware of such a claim, action, or proceeding. Customer may, at its own expense, retain independent counsel to advise Customer on a claim and participate in the defense of the claim, subject to Pikkar’s right to control the defense and settlement.
- IN NO EVENT WILL PIKKAR 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 PIKKAR’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/-.
- Governing Law, Jurisdiction and Dispute Resolution
- In all respects, these Terms will be governed and interpreted in accordance with the statutes of the Republic of India.
- Parties hereby submit to the exclusive jurisdiction of the courts of Hyderabad, India.
- The parties will resolve all disputes arising out of or relating to these Terms amicably. In the event that no amicable resolution is reached within fifteen (15) days of the date the dispute was first initiated by one party to the other, the parties will resolve the dispute through arbitration in accordance with the 1996 Arbitration and Conciliation Act.
- The arbitration proceedings will be conducted by a tribunal of 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 Hyderabad, India.
- The award of the arbitral tribunal will be final and binding.
- You may not assign your rights under these Terms without the prior written approval of the Company.
- If any provision or 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 ineffective and will not be part of the consideration moving between you and the Company hereto, and the remainder of these Terms will remain in full force and effect.
- Changes to these Terms
Pikkar reserves the right to modify these Terms at any time. Pikkar will make reasonable efforts to notify you of any changes to these Terms that it deems material, but it is your responsibility to periodically examine the Terms posted on the Platform to determine whether they have been modified. The updated version of these Terms will supersede the current version, and will become effective immediately upon posting to the Platform. The continued use of the Platform after being notified of a change to the Terms or after being updated on the Platform will be construed as acceptance of the modified Terms.
- Notices
The Company may provide notice by means of a general notice on the Platform, by electronic mail to your email address on file in the Company’s account, or by conventional mail to your address on file with the Company.
- 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: help@pikkar.in
Please note, concerns pertaining to a specific Service Request or a Service Partner 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 Pikkar as given below. Such complaint, dispute or grievance will be handled as per applicable laws.
e-mail: support@pikkar.in