1. Relationship contract
The Terms of Use stated herein govern the access or/ and use by you, an individual, from within legal boundaries of India and its territories and possession of mobile applications, websites, content, products, and services (the “Services”) made available in India and its territories and possessions by taSki Technologies Private Limited (Corporate Identification Number – U63090KL2017PTC050984), a company incorporated under the provision of the Companies Act, 1956 having it registered office at 43/203,1st Floor, PPJC Towers, Kalavath Road, Palarivattom, Ernakulam KL 682025 IN along with offices in other states and its subsidiaries and affiliates (referred hereon as “taSki“).
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. This electronic record is generated by a computer system and does not require physical or digital signatures.
PLEASE READ AND UNDERSTAND THESE TERMS CAREFULLY BEFORE ACCESSING THE SERVICES.
Kindly note that the words “including” and “include” mean “including, but not limited to” within the scope of these terms.
Your access and use of the Services comprise your agreement to be bound by these Terms. If you do not agree to these Terms, you may please restrain from access or use of the Service. taSki may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion of it, at any time for any reason as deemed necessary/ suitable by the company.
Peripheral terms may apply to certain Services, such as policies specifically for a particular event, activity or promotion, and such supplemental terms will be disclosed to you region specifically) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
taSki may amend the Terms related to the Services from time to time. Amendments will be effective upon taSki’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information pertaining to the Services is as provided in taSki’s Privacy Policy located at www.taSki.in/privacy.
2. Services
The Services constitute a technology platform that enables users of taSki applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with Third Party Service Affiliates of such services, including independent third party transportation providers and third party logistics providers under agreement with taSki or certain of taSki’s affiliates (“Third Party Service Affiliates”). Unless otherwise agreed by taSki in a separate written agreement with you, the Services are made available solely for your personal use. You acknowledge that taSki does not provide transportation/ logistics services as such by functioning as a transportation carrier exclusively.
- 2.1 Licenses
On compliance with these Terms, taSki grants you a limited, non-exclusive, non sub-licensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non commercial use. Any rights not exclusively granted herein are reserved exclusively by taSki. - 2.2 Restrictions
You may not: (i) breach/ delete any copyright, trademark or other proprietary effects from any portion of the Services; (ii) reproduce, modify, prepare derivations based on, distribute, license, lease, sell, resell, transfer, publicise, transmit, broadcast or otherwise exploit the Services except as explicitly permitted by taSki; (iii) disassemble or reverse- engineer the Services except as may be permitted by any applicable governing law; (iv) frame any portion of the Services; (v) cause any programs or scripts to scrape, index, survey, or otherwise mine data on any portion of the Services or burden the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. - 2.3 Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that taSki does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. taSki does not ‘endorse’ such third party services and content and in no event shall taSki be responsible or liable for any products or services of such Third Party Service Affiliates. Additionally, Apple Inc., Google, Inc. and Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android or Microsoft Windows, respectively. The aforesaid are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. - 2.4 Ownership
The Services and all rights therein are and shall remain taSki’s property or the property of taSki’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner taSki’s company names, logos, product and service names, trademarks or services marks or those of taSki’s licensors.
3. Use of services
- 3.1 User Accounts
In order to use most aspects of the Services and make most use of it, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to taSki certain personal information, such as your name, mobile phone number to name some, if not for all. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or taSki’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account. Unless otherwise permitted by taSki in writing, you may only possess one Account. - 3.2 General Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Service Affiliates unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. - 3.3 Messages
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that when opting out of receiving text (SMS) messages, this may impact your use of the Services. - 3.4 Promotions
taSki may, in taSki’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that taSki establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (such as with public forums), unless expressly permitted by taSki; (iii) may be disabled by taSki at any time for any reason without liability to taSki; (iv) may only be used pursuant to the specific terms that taSki establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. taSki reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that taSki determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. - 3.5 User Content
taSki may, in taSki’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to taSki through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to taSki, you grant taSki a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and taSki’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant taSki the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor taSki’s use of the User Content as permitted herein will infringe or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, hateful, violent, pornographic, unlawful, or otherwise offensive, as determined by taSki in its sole discretion, whether or not such material may be protected by law. taSki may, but shall not be obligated to, review, monitor, or remove User Content, at taSki’s sole discretion and at any time and for any reason, without prior notice to such. - 3.6 Hardware and Network
You are responsible for obtaining the data network access necessary to use the Services. Your mobile carrier’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. taSki does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays as with the use of digital communication.
4. Payment
taSki’s Services may result in charges to you for the services you receive from a Third Party Provider (“Charges”). After you have received our services, taSki will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by taSki. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. taSki will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by taSki using the preferred payment method designated in your Account, after which taSki will send you a receipt by email. taSki reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in taSki’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. taSki will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. taSki may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
- 4.1 Compensation
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by taSki in taSki’s reasonable discretion, taSki reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider.
5. Disclaimers; Limitation of Liability; indemnity
- 5.1 Disclaimer
taSki disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties for a particular purpose and non-infringement. In addition, taSki makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. taSki does not guarantee the quality, suitability, safety or ability of third party service affiliates. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. - 5.2 Liability Limitation
taSki shall not be liable for indirect, incidental or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if taSki has been advised of the possibility of such damages. taSki shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even taSki’s services may be used by you to request and schedule transportation, goods, or logistics services with third party service affiliates, but you agree that taSki has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party service affiliates other than as specifically set forth in these terms. - 5.3 Indemnity
You agree to indemnify and hold taSki and its officers, directors, employees, and agents harmless from any and all claims, costs, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) taSki’s use of User Content; or (iv) your violation of the rights of any third party, including Third Party Service Affiliates. - 5.4 FORCE MAJEURE
We shall not be liable for any failure to perform any obligations under this user terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such cases our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
6 Other provisions
- 6.1 Legal
These Terms are governed by and construed in accordance with the laws of India, within the jurisdiction of Kochi, Kerala without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. - 6.2 Arbitration
The Parties shall attempt to amicably resolve any and all disputes of every kind, arising out of or related to these T&Cs through negotiation and consultation at such offices of taSki as taSki may designate. In the event the dispute is not resolved internally between the Parties after at least 30 (thirty) days of negotiation, in good faith, by the respective senior management of the Parties, the same shall be subject to binding and final arbitration in accordance with the (Indian) Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The place of the arbitration shall be Kochi, Kerala unless otherwise mutually agreed by the Parties in writing. The arbitration proceedings shall be in English. The Parties shall be entitled to jointly appoint a sole arbitrator who shall preside over the proceedings. - 6.3 General
You may not assign these Terms without taSki’s prior written approval. taSki may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of taSki’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, taSki or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. taSki’s inability to enforce any right or provision in these Terms shall not however compensate with a waiver of such right or provision unless acknowledged and agreed to by taSki, explicitly by written form.
