1.1 Your privacy is important to you and to us. We’ll protect the information you share with us. To protect your privacy, the Site follows different principles in accordance with worldwide practices for customer privacy and data protection.
1.2 We at the Company are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. For purpose of this Policy, Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or home. In general, you can visit the Site’s web pages without telling us who you are or revealing any Personal Information about yourself. If however, Personal Information is revealed to us, we won’t sell or give away any content of your Personal Information to anyone except people who may be involved in the delivery of Service.
2. INFORMATION WE COLLECT AND HOW WE USE IT
2.1 When you visit or use our Service, we collect and store information about you, your computer or mobile device and your activities. This information may include, but is not limited to:
- Your computer’s IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system).
- Your mobile device’s unique ID number (when available), your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically).
- Your provided full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. You may optionally provide us with this information through third party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
- How long you visited our service and which features you used.
- We gather information from members and guests who apply for the various Services that our site offers. It includes, but may not be limited to, email address, first name, last name, a user-specified password, e-mail Id, mailing address, zip code and telephone number or fax number. We collect information primarily to ensure that we are able to fulfill your requirements and to deliver personalized experience.
3.1 We will ask you when we need information that personally identifies you or allows us to contact you. Generally, this information is requested when you create a registration or login ID on the Site or when you connect or browse connected sites, linked or listed on our Website, or join a limited-access premium site.
4. CONSENT AND SHARING OF INFORMATION
4.1 The information collected from our users or visitors is shared with members and stakeholders of the Company, namely; customers, third party users, companies, employees, stakeholders and other experts who are part of the network of community of jugnootaxi.staging.wpengine.com. Any information you give us is held with the utmost care and security. We are also bound to cooperate fully should a situation arise where we are required by law or legal process to provide information about a customer.
5. THIRD PARTY SERVICES
5.1 Third parties provide certain services available on the Website. The Site may provide information, including Personal Information that we collect from you and provide the same to Third Party Websites to help us deliver programs, products, information, and services to you. We will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on your behalf.
6.1 If you choose not to register or provide Personal Information, you can still use most of the Website. But you will not be able to access areas that require registration. If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding the Site’s programs, events, or Services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive messages from us.
7.1 We will provide you with the means to ensure that your Personal Information is correct and current. You may review and update this information at any time at the login section. There, you can:
- view and edit personal information you have already given us;
- tell us whether you want us to send you marketing information, or whether you want third parties to send you their offers by postal mail;
- sign up for electronic newsletters about our services and products.
7.2 Service providers must upload on jugnootaxi.staging.wpengine.com and its web page (if he owns one), documents relating to service provider’s contact detail, identity proof, skill or competency including service providers terms and condition which should be visible to customers. The above said documents must be attested by a notary public or a gazette officer. Service providers agree that the documents uploaded will be available for the customers to download for their own reference.
8.1 The Site has taken strong measures to protect the security of your Personal Information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information.No one can see or edit your Personal Information without knowing your user name and password, so do not share these with others.
8.2 We however do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our Website or online payment gateway service providers (“OPGSPs”) listed on the Site. You must ensure that you agree to the terms and conditions of the said OPGSPs agreement. The Company shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.
9. NOTICE TO PARENTS
9.1 We want to help you guard your children’s privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using our Site. The Site does not publish content that is harmful, derogatory or pornographic in nature. However, the Website shall not incur any liability should your children provide us any Personal Information without parental consent. If you become aware that a child has provided us with personal information without parental consent, please contact us at jugnootaxi.staging.wpengine.com. If we become aware that a child has provided us with Personal Information without parental consent, we take steps to remove such information and terminate the user or service provider’s account.
10.1 When you visit our Site, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our Service. Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the Site may not function properly. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various sites so that they can display targeted advertisements.
11. WHAT WE DO WITH THE INFORMATION YOU SHARE
11.1 When you join us, you provide us with your contact information, including your name, telephone number, home and email address. We use this information to help you connect with the right audience, namely users to service provides and vice versa.
11.2 We will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) confirm to the edicts of the law or comply with legal process served on the Site; (b) protect and defend the rights or property of the Company; and (c) act in urgent circumstances to protect the personal safety of users of the Company or the public.
12. WHAT WE DO WITH THE INFORMATION YOU SHARE
12.1 When you join us, you provide us with your contact information, including your name and email address. We use this information to send you updates about our Services, questionnaires to measure your satisfaction with our Service and announcements about new and exciting services that we offer.
12.2 We will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) confirm to the edicts of the law or comply with legal process served on the Site; (b) protect and defend the rights or property of Jugnoo Delivery ; and (c) act in urgent circumstances to protect the personal safety of users of Jugnoo Delivery or the public.
13. INFORMATION SHARING AND DISCLOSURE
13.1 Jugnoo Delivery does not rent or sell Personal Information about you with other people (save with your consent) or non-affiliated companies, except to provide services you’ve requested, under the following circumstances:
- We provide the information to trusted partners, affiliate or connected websites (“Service Partners”) only if we necessary to do so in order to enhance your Website experience. Service Partners may use your Personal Information to help us communicate with you about offers from the Website. However, Service Partners do not have any independent right to share this information.
- We respond to, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
- We may need to contact you to comply or co-operate with a legal request. For this purpose, we will use the email address provided to us by you. All communications sent by us at such email address shall be deemed to have been communicated to you.
13.2 Data disclosure to OPGSPs: We may disclose your personal information to OPGSPs and for the following purposes:
- to prevent, detect, mitigate, and investigate potentially illegal acts, fraud and/or security breaches, and to assess and manage risk, including to alert you if fraudulent activities have been detected on your user accounts;
- to provide customer services, including to help service your account or resolve disputes (e.g., billing or transactional disputes);
- to facilitate the processing of payment cards when you pay within our Services with a payment card and we use OPGSPs to process your payment.
13.3 Disclosure to Service Providers and financial institutions partners:
13.3.1 Third party service providers who help us to provide our Services, payment processing services, assist us in providing customize advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our User Agreement, fraud and/or security breaches, bill collection, affiliate and rewards programs, co-branded credit cards and other business operations.
14. CONFIDENTIALITY AND SECURITY
14.1 We limit access to Personal Information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
14.2 We have physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect personal information about you. We seek to ensure compliance with the requirements of the Information Technology Act, 2000 and Rules made there under to ensure the protection and preservation of your privacy. Additionally, we follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
15. YOUR CONSENT
17. CONTACT INFORMATION
18. COMPLIANCE WITH THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION RULES, 2011)
18.1 We at Jugnoo Delivery take all reasonable measures to secure our computer systems and information contained therein following the reasonable security practice and procedures prescribed in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information Rules, 2011).
19.1 The information we obtain from or about you may be processed and stored in India. Any dispute with respect to this document will be settled by a court of appropriate jurisdiction in Chandigarh, India only.
1. Terms and Conditions of Use
2.1 The Site and App is owned and controlled by SoCoMo Technologies Private Limited, a company incorporated under the provisions of Companies Act, 2013 having its corporate office at Plot No.5, CDCL Building, Madhya Marg, Chandigarh – 160028, India, (email: firstname.lastname@example.org). Jugnoo Delivery is engaged in the business of delivering goods, eatable, groceries and other products from one place to another. By accepting these terms is assumed that you are desirous of availing the on delivery services (“Services”) offered by Jugnoo Delivery.
- “Calendar Month” means a month as named in the English calendar;
- “Customer” mean end users who places an order with Merchant (hereinafter defined) either through the Site / App or otherwise directly with Merchant;
- “Execution Date” means the date of execution of this Agreement;
- “Electronic Payment Mechanism” means the online and mobile based payment mechanisms including the third party payment gateways, credit card/debit card/net banking transfer and/or e-wallets that are available for the purposes of facilitating the payment;
- “Goods” means the food and beverages and other items which are sold;
- “Merchant” means the owner / operator of Stores (hereinafter defined);
- “Order” means the Customer’s request placed with the Merchant for the purchase of Goods;
- “Order Payment Amount” means the amount payable by the Customer for the fulfilment/delivery of an Order;
- “Problem Order” means an Order that has not been paid for by Customer after delivery or otherwise not complied with by the Merchant;
4. MERCHANT’S OBLIGATIONS
- to ensure that the information provided to Jugnoo Delivery, regarding Merchant’s address, pick up address, phone number, contact person, bank details etc. are correct and accurate;
- to ensure that the Goods provided to Customers are:
- of high merchantable and acceptable quality and fit for human consumption and free of defects and harmful or illegal substances;
- comply with all applicable laws and/or the rules, standards and guidelines issued thereunder, including but not limited to preparation, packaging and labelling requirements.
- Merchant will be responsible for fulfilment and delivery of Orders to Customers. Jugnoo Delivery shall make best endeavours to facilitate successful delivery of products. In addition, Jugnoo Delivery will provide relevant data for tracking and fulfilment of delivery status.
- The Merchant shall use its best effort to redress the Customer’s complaints directly, in respect of the (i) quality, quantity and/or taste of the Goods; (ii) delivery of the Orders. Jugnoo Delivery will not be required to resolve any customer complaints, whatsoever.
- It is clarified that the Merchant will be responsible for providing an invoice that will be accompanied with each Order.
- For the avoidance of doubt it is hereby expressly clarified that Jugnoo Delivery shall not be responsible or liable to the Customer for the (i) quality of the Goods; and/or (ii) processing of the Orders that have been placed by the Customers with the Merchant. The Merchant acknowledges and agrees that he will be exclusively responsible and liable to the Customer for (i) quality of the Goods; and/or (ii) processing of the Orders that have been placed by the Customers. The Merchant acknowledges and agrees that while Jugnoo Delivery will use its best endeavours to deliver the product, it is the ultimate responsibility of the Merchant to determine whether an Order is erroneous or not. For clarification of doubt, an erroneous order means an order that may be specified in wrong quantity or its order details incorrect.
5. JUGNOO DELIVERY RIGHTS AND OBLIGATIONS:
Jugnoo Delivery undertakes to connect Merchant with biker for purpose of delivery of Merchant’s products.
- It is the Merchant’s responsibility to recover the payments inclusive of cost of goods, taxes and delivery charges from the Customer.
- Cash on delivery (“COD”) orders more than Rs 1,000 will not be accepted. In addition, risk associated with cash on delivery is of Merchant only. This includes theft, cheating or falsifying facts, by biker or recovery of goods.
- Maximum load per order will be 8 kgs. Rs 5 per kg will be applicable on each order exceeding 8 kgs, subject to mutual agreement between Merchant and biker.
- At any point in time not more than 10 deliveries will be accommodated by biker.
- In case of any customer cancellation, liability to repay amount to biker is of merchant. Company will not responsible for cancellations irrespective of the reason.
- Merchant is responsible for all statutory compliance relating to sale.
- Biker’s waiting time at Merchant’s shop is 15 minutes. Merchant agrees to pay Rs 2 per minute after 15 minutes. Tracking will be done on biker’s GPS. If Merchant cancels the order after biker has arrived, 50 % as penalty, of the minimum fare will have to be paid by Merchant. Merchant agrees to allow the Company to deduct an appropriate amount as mentioned above, from Merchant’s wallet.
- Alternatively, Jugnoo commits that the biker will reach Merchant’s shop within 20 minutes of placement of order. If not, then Jugnoo will reimburse to the merchant cost of food, subject to maximum of Rs 300.
- Jugnoo is only an aggregator connecting drivers, bikers to Merchants for the purpose of delivery of Merchant’s goods to end customer.
- Additionally, we will not be liable for any loss or damage sustained by reason of any delivery or non-delivery of goods, customer complaints regarding the transaction, nor for any error, omission or inaccuracy with respect to anything done by the biker with respect to delivery of Merchant’s goods. In addition, merchant will be responsible for actions of the biker including if biker misbehaves with customer. Company will only be responsible for KYC of the biker.
- Company is free to revise the rates as and when without intimation. These terms are valid only on pre-paid orders. And valid only for food delivery.
- No order will be processed without a valid GST invoice.
6.1 Notwithstanding anything to the contrary herein, the Merchant is, and will be, responsible for all taxes, payments, fees, and any other liabilities associated with the computation, payment, and collection of taxes in connection with customer Orders. The Merchant shall be solely responsible for verifying amounts collected, filing the appropriate tax returns, and remitting the proper amount to the appropriate taxing authorities. Taxes shall include tax due in relation to the sale of Goods, including pick-up and delivery services (if applicable), by the Merchant. Jugnoo Delivery will not be liable for payment of any taxes that the Merchant is under the applicable law and this Agreement liable to pay in connection with the Goods and Services which shall be provided by the Merchant to Customer in accordance with the terms of this Agreement and that the Merchant hereby undertakes to indemnify, defend and hold harmless, Jugnoo Delivery and each of its affiliates and (as applicable) all of their directors, officers employees, representatives and advisors against any tax liability that may arise against Jugnoo Delivery on account of the non-payment of Taxes by the Merchant under this Agreement.
7.1 Merchant grants Jugnoo Delivery an unrestricted, non-exclusive, royalty-free license in respect of all information provided to Jugnoo Delivery by the Merchant for the purposes of inclusion on the Application and as may be otherwise required under this Agreement.
8.1 Both Parties agree that they shall hold confidential and not disclose to any third parties, including but not limited to any proprietary information, customer data, business strategies, pricing, revenues, expenses, information pertaining to the Order or any other information pertaining to the business of either Party and not available in the public domain (“Confidential Information”). The recipient of the Confidential Information must take all steps and do all things as may be reasonably necessary, prudent or desirable in order to safeguard the confidentiality of the Confidential Information of the disclosing party. The Parties agree that Jugnoo Delivery may share any Confidential Information of the Merchant with third parties, in the event such disclosure is required for the by any government authorities.Notwithstanding, anything contained in this Agreement, neither Party shall be held liable for breach of this clause, in the event:
- the Confidential Information is available in the public domain; and/or
- a Party is required to make any Confidential Information available to any person by an order, decree or judgment of a court of law or for any request made under applicable laws by any government authority.
9. WARRANTY AND INDEMNITY
- Each Party represents and warrants to the other that it is under no contractual or other restrictions or obligations which are inconsistent with the execution of this Agreement, or which will interfere with the performance of its Services/duties as detailed under this Agreement. Each Party represents and warrants that the execution and performance of this Agreement will not violate any policies or procedures of any other person or entity for which it performs services or has obligations concurrently with those performed herein.
- Merchant represents and warrants that if the Merchant or any of its Stores ceases to do business, closes operations for a material term or is otherwise unable to offer services to Customers it will inform Jugnoo Delivery promptly.
- Merchant represents and warrants that it will not offer for sale any potentially hazardous food, alcoholic beverage, tobacco product, or any other item prohibited by law. Further, the Merchant represents and warrants that it has all the necessary and required licenses to sell the Goods.
10. LIMITATION OF LIABILITY
10.1 For the purposes of this clause, “Liability” means liability in or for breach of this Agreement, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement. Jugnoo Delivery excludes all responsibility and liability arising from or in connection with your access to, use of, or inability to access or use, the Services, and the liability of Jugnoo delivery is limited as per Annexure-B.
- Governing Law and Dispute Resolution: This Agreement shall be governed by the Laws of India, for the time being in force and the courts of Chandigarh shall have the exclusive jurisdiction to preside over matters arising hereunder. Parties shall first endeavor to resolve their disputes amicably within fifteen (15) days from the date on which the dispute was first notified. Failing which, the dispute shall be referred to arbitration. Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to arbitration in Chandigarh, in accordance with Indian Arbitration Rules. Number of arbitrators shall be one, mutually decided by the parties.
- Waiver: The failure of either party to assert any of its rights under this Agreement, including, but not limited to, the right to terminate this Agreement in the event of breach or default by the other party, will not be deemed to constitute a waiver by that party of its right thereafter to enforce each and every provision in accordance with the terms of this Agreement.
- If any clause or term of this Agreement should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the Parties shall negotiate in good faith to replace such clause with a clause which is valid, enforceable and legal but maintaining the essential provisions of that clause to the extent possible, provided that if the Parties should fail to reach agreement on such replacement clause, then the remaining terms and provisions of this Agreement shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of this Agreement.
- No third party rights: No term of this Agreement shall be enforceable by a third party.
- No assignment: The Merchant must not assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of Merchant’s obligations under it.
- Independent contractors: This Agreement does not create any agency, employment, partnership, joint venture, or other joint relationship. Jugnoo Delivery and the Merchant are independent contractors and neither has any authority to bind the other.
- Change of control: The Merchant acknowledges that the business and assets of Jugnoo Delivery may be sold in the future and consents to the transfer or disclosure of its personal Information and this Agreement to any purchaser of the business of Jugnoo Delivery or its assets if that outcome occurs.
- Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes and replaces all prior agreement and understanding.
12.1 Unless otherwise agreed to herein, any modification to the terms of this Agreement shall mutually agree between the Parties in writing.
- The Merchant acknowledges that it will provide the following payment mechanisms to the Customers for the payment of the Order Payment Amount:
- Cash on delivery;
- Electronic Payment Mechanism (credit card/debit card/net banking transfer and/or e-wallets).
- Cash on delivery (“COD”) orders more than Rs 1,000 will not be accepted. In addition, risk associated with cash on delivery is of Merchant only. This includes theft, cheating or falsifying facts, by biker or recovery of goods.
- Jugnoo Delivery will provide the Merchant with an invoice towards delivery cost and service fee.
- The Parties acknowledge and agree that all amounts that are payable under this Agreement are exclusive taxes as applicable.
- Fares may change during festivals, bad weather and due to unavoidable circumstances.
- The above is subject to change and the Merchant will be intimated from time to time.