TERMS & CONDITIONS
This Websiteis operated by Wrap2EarnTechnologies Private Limited ("Company"). These terms and conditions (“User Terms”) apply to your visit to and use of the Website, as well as to all information, recommendations and or services provided to You on or through the Website. 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 any physical or digital signatures.
By “Signing-up” You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALLTHESE USER TERMS BEFORE YOU USE THE WEBSITE. IF YOU DO NOT ACCEPT ANY OF THE USER TERMS, THEN PLEASE DO NOT USE THE WEBSITE OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND WRAP2EARNTECHNOLOGIES PRIVATE LIMITED IN RESPECT OF THE USE AND SERVICES OF THE WEBSITE.1. DEFINITIONS:
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
“Account” shall mean the account created by You on the Website for availing the Services provided by Company.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India. “Driver” shall mean and include such individuals part of this campaign providing transportation services.
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Company.
“Wrap2Earn” or “us” shall mean CompanyTechnologies Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at A-803, Our Lady of Vailankani building, Marinagar Colony, Mahim West, Mumbai – 400 016. India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
“You” means a person who has an account on the Website for usage of the campaign of the Company and who has entered into a master services agreement, with us for providing transportation services to the users.
“Portal” means online market place called “CompanyDashboard”, an online booking platform, and any upgrades from time to time and any other software that enables the use of the Website or such other URL as may be specifically provided by Company that lists and aggregates the transport service providers.
“Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Company from You from time to time for registration on the Website.
“Service(s)” means the provision of Driver and/or Vehicle and/or earnings related information through the Website, as elaborated in Clause 4(a).
“Vehicle” shall mean a motorcar or motor cab as defined under the Motor Vehicles Act, 1988.
“Website” for purposes these User Terms shall mean a dashboard provided to You to keep a tab on earnings, Driversand/or Vehicles, and such other information, as may be updated by Company from time to time.
You will be “Eligible” to use the Services only if you have entered into a master services agreement with us.3. REGISTRATION AND ACCOUNT:
You understand and acknowledge that You can register on the Website only after complying with the requirements of this Clause 3 and by entering Your Registration Data. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. Companyshall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. Companyshall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
You hereby represent that you are not registered with the National Do Not Call Registry, and expressly consent to receive communications including promotional content from Us through Your registered phone number and/or e-mail id.
We reserve the right to suspend Your Account with immediate effect for an indefinite period or terminate Your Account with immediate effect, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or upon termination of the master services agreement or master subscription agreement, as the case may be, executed between You and Us, or for any other reason Companymay find just or equitable.
Except for the Registration Data or any other data submitted by You during the use of any other service offered through Website (“Permitted Information”), Companydoes not want You to, and You should not, send any confidential or proprietary information to Companyon the Website or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Companyother than the Permitted Information will not be considered confidential or proprietary.
It is Your responsibility to check and ensure that You access the correct Website on Your device. Companyis not liable if You do not have a compatible mobile or computer device or if You access the wrong Website. Companyreserves the right to terminate the Service and the use of the Website should You be using the Service or Website with an incompatible or unauthorized device.
Companyallows You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us or, raise an issue from the support section in the Website.
In case You are unable to access Your Account, or, raise an issue from the support section in the Website at firstname.lastname@example.org, we will not be liable for any unauthorized activity made through Your Account and shall not have any liability in case of Force Majeure Event.
Companyoffers information relating to earnings, Vehicles etc. Access to the Website shall enable You to manage Your business, check earnings, locate Your Vehicles at real time, figure out the performance and earnings, if any, know the login hours of Drivers and manage fleet of Vehicles. The Website may also provide such additional Services as determined by Companyfrom time to time. All Services provided by Companyto You by means of Your use of the Website and all the features available on the Website for Your use are hereinafter referred to as the “Service”. Companywill store the information provided or record your calls for contacting You for all Service related matters. You shall promptly inform Companyon any change in the information provided by You.
Presently Companydoes not charge any fee for browsing the Website or availing any Services thereof. However, in the event Companydecides to impose any such fee, whether for the use of the Website on the whole or some limited features therein, it shall be notified to You by email, a message on Your registered phone number or on the Website, in your account.. Your continuous use of your account on the Website after such notification shall be deemed to be acceptance of the fee by You. You agree to pay such fee depending on the features used by You, as long as You are registered on the Website.
The Service allows You to access information relating to your earnings, your fleet of Vehicles, details and performance of your Drivers, if any, etc. You shall register / sign up on the Website by providing such details as required to be provided in the Website, following which You shall be able to avail the Service provided to You by Wrap2Earn.
Companyshall provide a dashboard and support features on the Website for You to avail the Service provided by Companyto You.
By using the Website or the Service, You further agree that: You will only use the Service or access the Website for Your personal use and will not resell or assign it to a third party;
You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
You will not use the Service or Website for unlawful purposes;
You will not try to harm the Service, Website or our network in any way whatsoever;
You will provide Companywith such information and documents which Companymay reasonably request;
You will only use an authorized network to avail of the Service;
You are aware that when requesting Services, whether by message, via Website, calling the call centre of Company, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while accessing the Website or Service;
and You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
Companyreserves the right to immediately terminate the Service and the use of the Website in the event of non-compliance with any of the above requirements.
All issues, opinions, suggestions, questions and feedback while availing the Services may be communicated to us through email address mentioned on the Website. Any issue reported on channels other than the above may be addressed by Companyonly on a best-effort basis. Companytakes no liability for inability to get back on other channels.7. FORCE MAJEURE:
Companyshall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed due to any Force Majeure event and in such case Company’s obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.8. INDEMNIFICATION:
You agree and undertake to indemnify and to hold harmless Company, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under these User Terms; (ii) any harm to the reputation and goodwill of Company; (iii) any claim of by a third party by Your usage of Company’s intellectual property in a manner not permitted under these User Terms; (iv) fraud, negligence and misconduct by You.
You shall be liable to indemnify and hold Companyharmless against all damages, losses, costs and expenses incurred by Companyas a consequence of any complaint from any third party received by Companywith respect to Your defective usage of the Website.
In addition to the indemnification rights of Companyunder these User Terms, Companyshall also be entitled to such other remedies available under Applicable Laws.
The information, recommendations and/or Services provided to You on or through the Website and by our call centre are for general information purposes only and does not constitute advice. Companywill endeavor and reasonably keep the Website and its contents correct and up to date but does not guarantee that the Website or its content is free of errors, defects, malware and viruses or that the Website is correct, up to date and accurate.
Companyshall not be liable for any damages resulting from the use of or inability to use the channels of booking, including damages caused by wrong usage of URL, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Website. Companydoes not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
In no event will Companybe liable for any losses arising from or in connection with these User Terms, pursuant to any claim by You against Companyunder contract, tort or otherwise, if such losses could have been avoided by You using reasonable efforts to mitigate them. Further, Companyshall also not be liable to You in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in these User Terms, the total cumulative liability of Companyto You or to any person claiming under or through it, shall not exceed INR 1000/- (Rupees One Thousand only).
If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages or death or personal injury, the scope and duration of such warranty exclusions and the extent of the liability of Companyshall be the minimum permitted under Applicable Law.
In the event the Website allows, Companymay accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Website (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the same. Companyshall not in any manner be responsible for or endorse the Posted Content.
You agree that when posting Posted Content, You will not:
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless the Website specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
Restrict or inhibit any other user from using the Website.
Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
Harvest or otherwise collect information about others which You are not supposed to collect without their consent, including e-mail addresses.
Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
ViWrap2Earnte any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
Unless terminated in accordance with this Clause, these User Terms constitute a legally valid and binding agreement between Companyand You and is perpetual in nature upon accessing the Website. You are entitled to terminate the User Terms at all times by permanent deletion of your account on the Website, thus disabling the use by You of the Website and the Service.
These User Terms shall be automatically terminated without any notice or action, if the master services agreement or master subscription agreement, as the case may be, entered by You with us is terminated. Companyis entitled to terminate the agreement at all times and with immediate effect for convenience without assigning any reason whatsoever. Additionally, Companyis entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Website and the Service) if You: (a) breach any term of these User Terms, or (b) in the opinion of Wrap2Earn, misuse the Website or the Service. Companyis not obliged to give notice of the termination of the agreement in advance. After termination Companywill give notice thereof in accordance with these User Terms. Termination of this agreement will not prejudice accrued rights of either Companyor You. Clauses 8 (Indemnification), 9 (Liability), 10 (Contents posted on Website), 11 (Term and Termination), 15 (Notices) and 17 (Applicable Law and Dispute Resolution) shall survive the expiry/termination of these User Terms in accordance with their terms.
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.13. DISCLAIMER:
Companydoes not authorize anyone to make a warranty on its behalf and You may not rely on any statement of warranty as a warranty by Us.
Companyand its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Website, or Your reliance upon the Service or the information contained upon the Website (whether arising from Companyor any other person's negligence or otherwise).
The Website and all contents on the Website are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Website, that Your access of the Website and availing of Services is at Your sole risk and You assume full responsibility for Your access and use of the Website, and that Companyshall not be liable for any damages of any kind related to Your access and use of the Website.
Companyreserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, discontinue or restrict your use to all or any feature of the Service or Website at any time by posting a notice in this regard on the Website or by sending You notice in accordance with Clause 16 below. Your continuous use of the Website after such notification shall be deemed to be acceptance of the revised terms by You.15. NOTICES:
Any notice delivered by Company to you under this Agreement will be delivered byemail to the email address associated with your account or by posting on the online portalavailable to you on the Wrap2Earn Services. Any notice delivered by you to Company under thisAgreement will be delivered by contacting Company at email@example.com. Additional Territory-specific notices may be required from time to time.16. ASSIGNMENT:
You may not assign Your rights under these User Terms without prior written approval of Company. Companycan assign its rights under the User Terms to any affiliate.17. APPLICABLE LAW AND DISPUTE RESOLUTION:
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or the Website(collectively, “Disputes”) will be subject to the exclusive jurisdiction of courts in Mumbai, India.
Acceptance: By “Signing Up” to Wrap2Earn or by “Accepting” to take part in a Wrap2Earn Campaign you accept and agree to abide by these terms and conditions.