Gizmotab

Privacy Policy

MOVAI TECHNOLOGIES PRIVATE LIMITED | USER-TERMS OF USE

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT 2000, AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THESE TERMS OF USE ARE A LEGALLY BINDING DOCUMENT BETWEEN YOU AND US. THESE TERMS OF USE SHALL BE EFFECTIVE BY MERE ACCESS/VISIT/USE OF OUR PLATFORM AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE PLATFORM OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE PLATFORM. IF YOU DO NOT AGREE, PLEASE DO NOT ACCESS/VISIT/USE OUR PLATFORM.

INTRODUCTION

1. Movai Technologies Private Limited, a company registered under the Companies Act 2013, having Corporate Identity Number: U72200RJ2016PTC056351, and having its registered office at Golcha Garden Agra Road Jaipur, Rajasthan, 302 003 India, owns, manages and operates this platform under the brand name “GizmoTab” (hereinafter referred as “Company”, “We”, “Us” or “Our”).

2. The User’s accessing, purchasing and using services on Our website, mobile application and other online platform (collectively, Our "Platform/GizmoTab App"), is governed by and shall be subject to the following terms and conditions (“Terms of Use”), Our Privacy Policy for Users, available at http:/www.gizmotab.com/privacy-policy.html and any other agreements entered into between Us and the User, collectively the “User Agreement”, the terms whereof are subject to change at any time, without prior notice to You. To ensure that You are aware of the changes, please review the User Agreement and all the documents referred to thereunder periodically.

3 For the purposes of the User Agreement, the term “User(s)” and wherever the context so requires “You”, “Your”, “Yourself” shall mean any natural or legal person who accesses, visits or uses the Platform for the purposes of availing the Services provided by Us and in the event, a natural person is representing a business entity and/or a body corporate, reference to such terms shall include a reference to such business entity and/or a body corporate as well. In the event, You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to give consent to these Terms of Use, and such entity agrees to be bound by the terms hereunder. The Company shall be entitled to use third-party agencies for the rendering and completion of the Services. Additionally, the Company and the User are collectively referred to as the “Parties” and individually as the “Party”.

4. These Terms of Use set forth the legally binding terms of Your use of the Platform and for providing Services and related services. By mere accessing, visiting and/or using this Platform, You confirm that You have read and understood and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Platform. If any of the terms of these Terms of Use or of any of the additional documents are not acceptable to You, please do not access, visit or use the Platform.

SERVICES

1. The Company provides a technology platform to (a) the earthmover operator or a construction operator or a commercial vehicle operator (collectively, referred to as the “Service Provider/Vendor”), who owns and provides various construction equipment vehicles, earth moving machineries, equipment, vehicles, including but not limited to excavators, road rollers, loaders, graders, rail track building machineries, compact excavators, telescopic loaders, earth diggers, machines, trench digger machines and industrial dozers and related products and services (“Products”) on the Platform; and (b) ultimate Users who are desirous of availing the services to hire the Products for their own business and commercial and personal purpose, including but not limited to for construction, earth moving, material handling, excavation, demolition, waste management, tunnelling, public works and oil and gas (“User Work”). The Platform therefore acts as an ‘on-demand earth moving equipment marketplace’ which collects substantial information regarding (a) the Products and related products and services; and (b) plurality of the Service Providers in the market, and make such Service Providers and the Products available on the Platform to enable the User to access and compare the range of Products available in the market in order to make the decision to hire the Products easier, efficient and in an organised manner for the purposes of User Work (“Services”). The Service Provider thereby shall be making available the Products and drivers, who shall be operating the Product, and means to include such persons, who have been appointed, employed and trained by the Vendors to drive and use the Products, on behalf of the Vendors, subject to holding of all necessary permits and licenses to own, use and drive the Products within the territory of India (“Driver(s)”) to the User via the Platform and for providing other related services to the Users to complete the User Work assigned at the destination of the User (“Service Provider Service”).

2. The Company shall, for the purposes of providing Services to the User, create a database and record of, inter alia, the (a) Service Providers available in the market, who are registered with the Company as a Service Provider; (b) the number, type and details of the Products available with each Service Provider; (c) the geographical location of the Service Providers and the Products; and (d) the number and other details of the Drivers of the respective Service Provider (“Database”). The Company shall on the basis of the Database, make available the Products on the Platform for the Users to hire the Products for the User Work.

3. Notwithstanding anything contained in the User Agreement, You grant a limited, revocable, non-exclusive, royalty-free and transferrable right and license to the Company to access or use otherwise the details of You, including but not limited to the name, logo, intellectual property, registration details, location details, PAN card, incorporation documents, personal information and contact detail, to collect, display and use such information of the User for either internal business or for making such information available on the Platform to the Service Providers and the respective Drivers for providing Services to the Users until either the expiry or termination of the User Agreement, in the manner set out herein. The Company however acknowledges and agrees that such usage is subject to the intellectual property rights of the User or of any third-party, if any.

4. Subject to the terms and conditions set forth, the Company also grants You a non-exclusive, revocable, non-transferrable and limited right and license to access and use the Planform and the Services, made available on the Platform. You hereby acknowledge and agree that the such a license does not include the right to download or copy any of the information, data or content from the Platform. You hereby acknowledge and agree that the User Agreement does not confer any third-party beneficiary rights on You or any third-party.

PERSONAL INFORMATION

The privacy of Your information/data is governed by Our privacy policy (“Privacy Policy-User”) and the additional provisions in these Terms of Use. You confirm that You have also read and understood the Privacy Policy and have agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy, which shall be deemed to be an integral part of these Terms of Use. It is clarified that any information provided or exchanged by You on or through the Platform with any Vendor or any other third-party, including the Drivers, is at Your sole risk and We do shall not be liable for any claims in this regard whatsoever. Please refer to Our Privacy Policy-User available http://www.gizmotab.com/privacy-policy.html, which is subject to change at any time without any notice to You.

Eligibility to use

1. The Platform and its Services are not intended for Users under the age of 18 years. YOU REPRESENT THAT YOU ARE ABOVE THE AGE OF 18 YEARS AND/OR ARE OTHERWISE LEGALLY COMPETENT TO CONTRACT WITHIN THE MEANING OF THE INDIAN CONTRACT ACT 1872, AS AMENDED, TO ENTER INTO THE USER AGREEMENT AND TO AVAIL THE SERVICES PROVIDED ON THE PLATFORM.

2. Further, the Platform and its Services are not offered to the Users who have been disqualified by the Company from accessing or using the Platform and its Services in accordance with Clause 25 of these Terms of Use. The Company reserves the right to restrict or refuse Your access and/or usage to the Platform and the Services, in any manner, without providing You with any reasons and without a prior notice. You understand that consequent to termination, You shall not be allowed to access or use the Platform and the Services unless otherwise agreed or permitted in writing by the Company.

USER ACCOUNT AND PASSWORD

1. You acknowledge that certain parts of this Platform are available only if You register on the Platform by following the registration process mentioned under these Terms of Use and provided that You not are not subject to suspension, cancellation or disciplinary proceeding by the Company under the User Agreement or otherwise. You hereby acknowledge and accept that You can open only one (1) account on the Platform, using Your exclusive and specific login details.

2. Your access to the Platform and its use shall always be through a User Account with a password (“User Account”) created on the Platform, to identify such User. However, viewing of or entering into a transaction relating to the Services, are available only if You register on the Platform by submitting know your customer (“KYC”) details. You acknowledge that the KYC information includes personal information, including but not limited to the details about bank information, contact information and such other information as required by Us (“Your Information”). By submitting Your Information on the Platform, You hereby expressly consent to Us using Your Information. A confirmation mail and message shall be sent to Your preferred e-mail account and mobile number at the time of registering, to verify the User Account created by You on the Platform. Your User Account shall be active only after You verify Your e-mail address by clicking on the verification link and by providing the ‘One Time Password’ generated on the registered mobile number. In case, You use an e-mail address provided to You by Your employer or organisation, Your access or use of the Platform may be blocked by Your employer/organisation depending on the policies of Your employer or organisation, as the case maybe, and We shall not be liable for non-access of the Platform in such an event. You hereby understand and agree that Your Information, may be shared by the Company with the third-party Vendors, including the Drivers, or any other third-party for processing and fulfilment of Your Order and You hereby consent to it. We shall not be liable for any use/misuse of Your Information by such third-party Vendors, including the Drivers, or any other third-party, for any reason whatsoever.

3. IT IS CLARIFIED THAT YOUR RIGHT TO BE A REGISTERED USER IS SUBJECT TO OUR CONFIRMATION. We shall under no circumstances be liable for the authenticity of Your Information submitted on the Platform as a registered User. We shall take reasonable measures to ensure that Your Information remains confidential, secure and is used only for the purposes of verification. In the event, there are any changes to Your Information, You agree to immediately intimate Us of such change in writing at support@gizmotab.com. If You provide any information that is untrue, inaccurate, incomplete or not current or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, We have the right to reject the Your Order and/or suspend or terminate Your User Account.

4.Upon being successfully registered as a User, You consent to receiving periodic newsletters from the Company on the e-mail address and mobile number provided by You.

5. The Company reserves the right to restrict or refuse Your access and/or usage to the Platform, in any manner, including but not limited to termination of Your User Account or removal of the content associated with Your User account, without providing You with any reasons and without a prior notice. You understand that consequent to termination, You shall not be allowed to access or use the Platform unless otherwise agreed or permitted in writing by the Company.

6. You acknowledge and agree that You shall not share or transfer the User Account login details with any third-party. You shall be solely responsible for any activity which occurs through Your User Account and shall not hold Us liable in this regard, for any reason whatsoever. You undertake the responsibility to control the dissemination and use of the User ID and passwords associated with Your User Account, permit, supervise and regulate entry to Your User Account. The Company cannot and shall not have any obligation or culpability for any data submitted on Your User Account or any data used or misused whether submitted, utilised, or misused by You, Your representatives or any third-party, whether or not acting on Your behalf.

PERFORMANCE OF SERVICES

1. The Company reserves the right to (a) reject any Order of the User; (b) remove any content from the User Account/suspend/terminate the User Account; (c) restrict the access of the User on the Platform; (d) pause and/or terminate the Service Provider Service to be provided by the Driver/Service Provider to the Users; or (e) pause/terminate the Services to be provided by the company to the Users, if in the sole discretion of the Company, the User, the information provided by the User and/or the Order of the User is not in compliance with the Terms of Use, the Privacy Policy-User, special terms and conditions, if any, applicable laws, rules, regulations, including but not limited to or non-payment of statutory dues and taxes, judicial/court orders/decisions, claims of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation or loss to the Company, or for any other reason.

2. The User has the right to change all or any of the booking request details, including but not limited to the location details for the User Work, Products required and duration for which the Products are required prior to 1 day before booking start, by providing a written notice to the Company at support@gizmotab.com or by speaking to Our User support at 8080298029. The Company shall use commercially reasonable measures/efforts to implement the change request of the User. The User acknowledges and agrees that the Company cannot guarantee that the Company shall be able to implement such a request of the User, particularly if the Service Provider Service is in process of completion. You acknowledge and agree that the Company may seek for extra payment for any change in the Order requested by the User in accordance with the User Agreement.

3. The Platform using its Database shall display all the Products available to the Users who are desirous of availing the Service Provider Services. You hereby acknowledge and agree that the Platform allows You to view from Your User Account, the Products and the description of the Products, including but not limited to the type, brand details, base fare, picture representation and other relevant details of the Products, that are available at the location of the device of User, detected by the Platform. The Platform allows You to change the destination location of the User Work, if required. The User can hire a Product for hourly, daily, monthly and yearly basis (“Order”). EACH TIME YOU PLACE AN ORDER, YOU ENTER INTO A LEGALLY BINDING CONTRACT WITH THE COMPANY, FOR THE SERVICES THAT YOU HAVE REQUESTED. It is agreed that the Company shall not be obligated to perform the Services, unless successful payment has been made for the Services in the Order. No delays in payment shall be entertained for any reason whatsoever.

4. Upon the selection of the Product along with the specification of the time period for which the Product is required by the User and the destination location of the User Work, the Company shall seek payment from the User for the Services to be availed by the User in the manner as set forth in Clause 12 of these Terms of Use. The Platform shall upon the receipt of the payment of the Service availed by a User for a Product for a particular location, duration and User Work shall send a confirmation request to the Service Providers and their respective Drivers who are closer to the destination of the User Work, depending upon the nature and time period for which a Product has been selected by the User for the User Work. The User shall, within 10 minutes of the receipt of the payment of the Services by the User, receive a confirmation e-mail and a message in the manner set out in the User Agreement, either to accept or decline the Order request of You, based on the reasons including but not limited to the availability of the Product, working condition of the Product and the availability of the Driver. You hereby agree to check the Order details, once the Order has been confirmed, to inform the User support at 8080298029 of any discrepancies or errors in the Orders. The Company shall not be responsible and liable for any omission of the User while booking the Order or at the time of the confirmation of the Order. Upon the confirmation of the availability of the Product, the Company shall send a confirmation e-mail and message to You along with the relevant information regarding the Driver and the location of the Product and real-time location of the Product. Such information of the Driver shall include the name of the Driver, telephone contact details of the Driver, star ratings and other feedback of the Driver and the relative Product or any other customer experience.

5. You understand and agree that the respective Vendors whose Products We display, shall be solely responsible for the description/merchantability/fitness/warranty/damages/delivery of the Products, unless otherwise expressly communicated by Us, and You shall not have any claims on Us, in this regard. Any liability resulting due to non-compliance by the Vendors resulting in any loss or damage to You, shall be solely borne by the Vendors.

6. Additionally, the Services that the Company provide are fixed at the rates specified for each of the Services and on specific terms of Service, as detailed on the Platform. One or more Services may be availed. It is agreed that the Company shall not be responsible for third-party services, including the Vendors and their respective Drivers, and You agree that any claim in relation thereto, shall be against the third-party service provider, including the Vendors, only. You further agree that the Company shall be entitled to share Your information/material with such third-party service providers, including the Vendors and their respective Drivers, for the purpose of fulfilment of the Services and shall not be liable for its misuse/infringement of any of Your rights.

7. The Company hereby represents that all the Products are made available from third-party Vendors and are not in any manner developed, endorsed, marketed, promoted or sold by/in the name of the Company. Any representation or information on the Products is in accordance with the data and information provided by the relevant Vendors and therefore the Company is not and shall not be liable for any claims, including but not limited to misrepresentation or such other claims. You acknowledge and agree that the Company shall not be held liable for the actions and/or the omissions and deliverables of the Vendors.

8. You can cancel Your Order by either writing to Us at support@gizmotab.com or by selecting the option to cancel the Order available in the User Account or by contacting the User support at 8080298029, in accordance with Clause 10 of these Terms of Use.

9. Notwithstanding anything contained in Clause 25, the User acknowledges and agrees that the Order shall be deemed to be cancelled, upon the occurrence of any of the following events and Our decision shall be final and binding:
(a)failure to successfully pay for the previous Orders;
(b)due to lack of information or inaccurate information, provided by You;
(c)due to software or technology malfunction;
(d)maintenance and upgradation of the Platform and any additional software used by the Company;
(e)failure or delay due to reasons beyond Our control or attributable to the Vendor, including the Drivers or any other third-party; and
(f)occurrence of a Force Majeure Event.

Upon cancellation of Your Order, You shall only be notified through an email/SMS to Your registered e-mail ID/mobile number. The amount paid by You for the Order shall be refunded to You within a period of seven (7) days from the date of cancellation, depending on the policies and terms of the relevant bank and the refund policy of the Company, in accordance with Clause 9 of these Terms of Use.

1. Upon confirmation of Your request for the Service, the Driver shall drive the selected Product to the destination of the User, specified on the Platform, to use the Product for the User Work. The Driver on reaching the destination, specified by the User, shall on the device, operating the GizmoTab App, provided to the Driver by the Vendor, select the ‘start option’ to record the beginning of the User Work to be done by the Product. Upon the completion of the User Work to be done on the destination of the User, the Driver shall select the ‘stop option’ to record the completion of the User Work done, on the GizmoTab App, which shall further send a notification to the Vendor, the Company and the User, notifying the completion of the work on the destination of the User. The User shall receive a notification to rate and specify the User experience of the Driver, Product and any other feedback. You acknowledge and agree that the Driver shall have the right to ‘pause’ the Service Provider Service for the purposes of refreshment break, personal break of not more than 1 hours, and not more than 2 times during each User Work, request of the User and/or the representatives of the User, for the time period when the User Work is either on hold or is beyond the working hours at the location of the User Work.

2. You acknowledge and agree that You shall be imposed a waiting charge by the Driver for a respective User Work if within 30 minutes of the Driver reaching at the User Work is unable to either start or complete the User Work due to (a) the location of the User Work is not clear/correct, (b) the staff of the User is not present at the location of the User Work, and (c) there are certain execution issues, at the end of the User. The Company shall inform You on the beginning of the waiting charges for a respective Product and the rate of such waiting charge shall be notified to You by the Company. The decision of the Company in relation to the rate of waiting charge shall be final and binding and the Company shall not be held responsible and liable for any loss or damage or any other claim against You by the respective Service or any third-party in regard to the waiting for the commencement or completion of the User Work or otherwise.

3. The Service Provider and the Company via their accounts on the Platform can also turn on, pause or turn off the Product and record the beginning or completion of the Service Provider Services.

4. The Company acknowledges and agrees that the User may seek to extend the time for utilising the Product at the destination of the User Work, for completion of the User Work, by contacting the User support of the Company at 8080298029/writing to the Company at support@gizmotab.com and by accessing the Platform for seeking extension of Service Provider Services. The Company shall seek a confirmation from the Service Provider if such an extension request of the User can be accepted. The Company shall use commercially reasonable measures/efforts to implement the extension request of the User. You acknowledge and agree that the Company cannot guarantee that the request for extension of the Services shall be able to implement the request of the User for extension the use of the Product at the destination of the User, either through the same Service Provider or by providing a substitute of the Product to the User. The Company shall confirm the extension request of the User only upon receipt of the payment of the extended Services from the User.

5. You hereby acknowledge and accept that We may contact You to understand Your interest in the selected Product and/or Your need for a Product, to fulfil Your demand.

Pricing and Availability of Services

1. The Company reserves the right, at its discretion, to change the prices and availability of the Services from time to time, details of which shall be effective from the time of its posting on the Platform. All prices indicated shall be in Indian National Rupees, unless otherwise agreed upon by the Parties.

2. We may give discounts or promotional offers or reward points on any Service, at Our sole discretion to any of the User. You hereby acknowledge and agree that We shall provide You information regarding services, discounts and promotions by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time, by accessing the specific link provided either on the Platform.

3. We have taken reasonable care to ensure accuracy of the Services and pricing information on the Platform. In the event, there is any error in the pricing of the Services or typographical error on the availability and Services information, We shall have the right, at Our discretion, to either contact You for instructions or cancel Your Order and notify You of such cancellation on the e-mail address provided by You. The Company shall appropriately refund any amount paid by You for such Services, in accordance with the refund policy of the Company, as set forth in Clause 9 of these Terms of Use.

4. Further, the Company presently does not levy any fee for accessing the Platform or purchasing the Services on the Platform. The Company reserves the right to charge certain fees for the use of the Platform and its Services or certain features of the Platform and its Services from its Users, registered or non-registered. You hereby accept and agree to pay any such fees, as and when applicable for the use of the Platform and its Services. Further, You accept and agree the right of the Company, at any time, to charge, modify or levy any fees for the use of the Platform and its Services. The Company shall inform You of the applicability and the rate of any fees for the use of the Platform and its Services. Your continued use of Platform and its Services, following the posting of changes to the payment mechanism of the Platform and its Services shall constitute Your unconditional consent and acceptance of those changes.

5. The fee to be charged by You and payable for rendering of the Services shall include the base fare, moving cost, mobilisation and demobilisation charges, waiting charges, if any, repair charges, and any additional charge, including but not limited to parking charges, night usage charges, toll duty, inter-state taxes, other applicable taxes and rates, if any, under the applicable law and other charges as deemed fit by the Company (“Payable Fee”). You hereby acknowledge and agree that subject to Your location constraints and availability of the Products and/or the Drivers, We shall be charging an additional fee to the Payable Fee for providing the Services, given the aforesaid restrictions.

6. The Company, in its sole discretion, may give credit for the Payable Fee to any of the registered Users for the purpose of availing of the Services on the Platform. Please contact Our User support at 8080298029 for availing the benefit of Our credit system. You acknowledge and agree that the credit made available to You shall be due and payable within 45 days of receipt of the credit. The Company has the right to charge an interest of 2% for every late payment of the credit given to You, compounded monthly. You acknowledge and agree that You shall not be permitted to access or use the Platform and/or the Services, subject to the payment of the due and payable credit Payable Fee.

Substitution Of the products/DRIVERS

1. You acknowledge and agree that the Products that may be offered by the respective Vendors by their very nature, are subject to breakdown and/or excessive depreciation. The Company shall, in the event of a breakdown of a Product post the commencement of the User Work, which is beyond repair within 72 hours of such breakdown or any otherwise due to accident or any other mishap, before the completion of the Service Provider Service to be rendered by the Vendor/Driver via the Product, take commercially reasonable efforts/measures and at its sole discretion, to arrange for a substitute Product for the completion of the Service Provider Service to be rendered at the destination of the User, through the same or any other Vendor. You acknowledge and agree that due to certain situations, including but not limited to the medical conditions of the Driver or otherwise, the Company shall provide a substitute Driver for the respective Product, upon the request of the Driver and/or the User.

2. You acknowledge and agree that the option to arrange for a substitute Product and/or Driver is subject to the availability of the Product and/or its Driver in Your geographical location and You acknowledge and agree that additional charges may be applicable on You, in this regard. The substitute Product may or may not be of the same type/quality/brand as of the original product selected by You.

3. The Company shall not be liable in any manner whatsoever to provide any substitute Product and/or the Driver and the Company shall not bear any responsibility and liability for any delay and/or any loss suffered by You or caused to You as a consequence of the breakdown of the Product and the medical condition of the Driver or the substitute Product and/or Driver or otherwise.

Refund policy

You acknowledge and agree that the Company shall refund part or all of the money received by the Company from the User for reasons set forth in Clause 6 and Clause 7 of these Terms of Use. The money to be refunded by the Company shall be credited back to the bank account of the User within 45 days of the intimation to the User of such refund of money already paid by the User. You acknowledge and agree that the Company shall not be responsible and liable for any delay in refunding the money to the User.

Cancellation POLICY

1. The Company acknowledges and agrees that You have the right to cancel Your request of availing a specific Service at any time, subject to the payment of charges for cancelling the Services (“Cancellation Charge”). You acknowledge and agree that the Cancellation Charge shall be charged depending upon the time gap between the time of placing the Order and delivery of the Product.

2. You shall be notified of the applicable Cancellation Charge, in advance of when You wish to cancel the Service via the Platform. The decision of the Company for imposing a Cancellation Charge and the rate of such Cancellation Charge shall be final and binding and the Company shall not be held responsible and liable for any loss, claim or otherwise in relation to the Cancellation Charge, put forth by the User or any other third-party. You acknowledge and agree that You shall pay the Cancellation Charge at the time of using the Platform for availing a subsequent Service.

Territory

Unless otherwise specified, the Services are applicable only to the Users who are accessing, purchasing and using the Services provided by the Company in India only.

PAYMENTS

1. You acknowledge and agree that the Payable Fee is immediately due and payable to Us. You can make payments for Your Orders online through the Platform by way of banking methods offered on the Platform (“Online Payments”). You understand that certain Online Payments may be restricted to certain banks only, in which case You may be required to choose an alternate payment method. You understand that We use a third-party registered payment gateway provider for the requisite Online Payments and You may be subject to the terms and conditions of such payment gateway. We shall not be held liable for any action/inaction, loss or damage incurred by You arising out of the use of such third-party payment gateway provider, for any reason whatsoever. We use safe and trusted payment gateway partners to ensure that a secure encryption technology is used to protect Your transaction details at all times. You can choose the mode of payment on the Platform at the time of making payment for the Services purchased.

2. For the purposes of making Online Payments, You agree to provide all information necessary for the processing of such payments, including but not limited to Your internet banking details, banking passwords, billing address, as applicable. You agree and confirm that the details provided by You for this purpose are true and accurate. You shall not use internet banking facilities which are not lawfully owned by You / for which You are not authorised to use. The information provided by You shall not be utilised or shared with any third-party unless required in relation to fraud verifications or by law, regulation or court order. You hereby indemnify the Company for any action or inaction on Your part which occurs consequent to or arises from the use of any payment mechanism including in respect of any declining of authorisation for any transaction or for any direct or indirect loss or damage arising on account of such decline of authorisation or fraudulent use of the internet banking account. You acknowledge that in the event the payment is declined, for any reason whatsoever, Your Order shall stand cancelled and You shall be notified of such cancellation through the Platform.

3. Your banking details and any other information pertaining to the payment for Your Orders shall be encrypted and transmitted as such. The Company shall not have access to any such information. You agree to be solely liable for the fraudulent use of the banking details and the onus to ‘prove otherwise’ shall be exclusively on You. You further confirm and undertake that You are aware and are in compliance with all the applicable laws including those issued by the Reserve Bank of India, Information Technology Act 2000, amended from time to time, and any other legal provision in relation to Your use of the internet banking facilities provided to You. The Company shall not be liable, for any reason whatsoever for Your failure, neglect or non-compliance of such applicable law.

4. The invoice issued by the Company in relation to the Payable Fee to be paid by the User, shall be on behalf of the respective Service Provider. The Company shall be in conformity with the relevant provisions of the Central Goods and Services Tax Act 2017, State Goods and Services Tax Act 2017, Integrated Goods and Services Tax Act 2017, Union Territory Goods and Services Tax Act 2017, Goods and Services Tax (Compensation to States) Act 2017 and any rules made thereunder while issuing the invoice to the Users for each Service provided by the Company, along with the Service Provider Service.

Fraudulent use of PLATFORM

By accessing the Platform, You unconditionally undertake to use the Platform only for lawful purposes. Any fraudulent use of this Platform or applicable payment method to purchase Services, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform or for any other unlawful act or omission in breach of the User Agreement.

Electronic Communications

When You send e-mails to Us, You understand and agree that You are communicating with Us through electronic records. You agree to receive communications, including periodic newsletters, via electronic records by Us, as and when required. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that is required of such communication in writing. You undertake to maintain Your e-mail address and mobile number for all communications with Us. If We are desirous of communicating with You, We shall send it to the e-mail address and mobile number provided and updated by You and it shall be deemed to have been received by You once it is reflected as sent in the outbox of Our e-mail ID/mobile phone.

Objectionable Material

You agree to use this Platform and enter into a transaction to purchase the Services at Your sole risk and that to the fullest extent permitted under applicable law. You agree to waive, any legal or equitable rights or remedies that You may have against the Company in relation to the Platform and the content that may be deemed inaccurate, offensive, indecent, or objectionable to You.

Confidentiality

1. Subject to Clause 28.2 of these Terms of Use, no Party shall disclose any confidential or proprietary information of any other Party or information regarding the Services rendered by the Platform, including the terms of the User Agreement, User Information, information about the Drivers of the respective Service Providers, business and technological process and correspondence between the Parties regarding the provision of the Services to the User, technical information or know-how concerning the Platform or any software or technology of the Company and any financial performance of the other (“Confidential information”) to any person, except (a) as this Clause 17 permits; or (b) as the other Party approves in writing.

2.The Parties may disclose, or permit the disclosure of, information which would otherwise be confidential if and to the extent it can demonstrate that:
(a)disclosure is required by law or by any regulatory or governmental authority having applicable jurisdiction (provided that the disclosing Party shall first inform the other Party of its intention to disclose such information and take into account the reasonable comments of the other Party in relation to the timing, form and content of such disclosure);
(b)disclosure is of Confidential Information which was lawfully in the possession of that Party (in either case as evidenced by written records) without any obligation of secrecy prior to its being received or held;
(c)disclosure is of Confidential Information which has previously become publicly available other than through that Party’s fault; or
(d)disclosure is required for the purpose of any arbitral or judicial proceedings arising out of the User Agreement.
Each of the Party undertakes that it shall only disclose Confidential Information to the authorised persons, in relation to a Party, its affiliates and the directors, officers, employees, agents, advisers, accountants and consultants of that Party and/or of its respective affiliates, if it is reasonably required, strictly on a ‘need to know’ basis, for purposes connected with the User Agreement and only if such authorised persons are informed of the confidential nature of the Confidential Information.
You accept and agree that the restrictions contained in this Clause 17 shall continue even after the termination and/or expiry of the User Agreement.

Reviews, Feedback and Submissions

1. You are entitled to provide Your reviews, comments, feedback, suggestions, ideas, and other submissions, to be disclosed, submitted or offered to the Company on or through the Platform, any blog, Facebook, Twitter, LinkedIn or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with Your use of the Platform or purchase of the Services (collectively, the “Comments”).

2. The Company is and shall be under no obligation: (a) to maintain any Comments in confidence; (b) to pay You any compensation for any Comments; and/or (c) to respond to any Comments. You agree that any Comments submitted by You to this Platform inter alia any blog, Facebook, Twitter, LinkedIn or any other such social media or networking platform or disclosed otherwise shall not violate the User Agreement or any right of any third-party, including but not limited to copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including the Company. You further agree that no Comments submitted by You to this Platform shall be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’.

3. The Company may not regularly review Your Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant the Company the right to use the name that You submit in connection with any Comments. You agree not to use a false e-mail address/mobile number, impersonate any person or entity, or otherwise mislead as to the origin of any Comments You submit. You are and shall remain solely responsible for the content of any Comments You make and You agree to indemnify the Company for and against all claims resulting from any Comments You submit. The Company takes no responsibility and assumes no liability for any Comments submitted by You or any third-party.

INTELLECTUAL PROPERTY RIGHTS

1. You accept and agree that the Services rendered on the Platform by the Company are and shall remain the property of the Company. The rendering of the Services to You does not constitute a transfer of ownership of any intellectual property rights comprised in the Services to You, in any manner whatsoever. You hereby acknowledge and agree that all the rights, interests, title and all the intellectual property rights over the Services are merely licensed to You for access and use in accordance with the provisions of the User Agreement and not transferred or sold to You. Further, except as provided in the User Agreement, the license granted to You does not entitle You of (a) any rights, interests and title and all the intellectual property rights over the Services, whether express or implied; or (b) ownership rights over the Services.

2. All content on Our Platform, including graphics, text, icons, interfaces, audio clips, logos, images, reviews, comments, and software is the property of the Company and/or its content suppliers and is protected by Indian and international copyright laws and other applicable intellectual property laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Platform can only be made with the express written permission of the Company. All other trademarks, brands and copyrights other than those belonging to the Company, belong to their respective owners and are their property. You shall not modify the paper or digital copies of any materials You have printed off or downloaded in any way on or from the Platform, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3. The Comments shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute a license to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way.

4. You further accept and agree that:
No extracts of the Platform or part thereof shall be displayed, printed, copied, re-published, translated, transmitted or distributed by You or any third-party on behalf of You without obtaining prior consent of the Company.
Your use of the Platform does not confer on You or any other party, any license or other rights under the intellectual property or other proprietary rights of the Company, the Vendors, the Drivers and/or of any third-party, whether implied or otherwise.
You must not use any part of the content on Our Platform for commercial purposes without obtaining a written license to do so from Us or Our licensors.
If You print off, copy or download any part of Our Platform in breach of the terms hereof, Your right to use Our Platform shall cease immediately and You shall, at Our option, return or destroy any copies of the materials that You have made.
The Company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and/or Services, their content on the Platform.

Obligations of the users
You agree and confirm that:
(a)That You are at least 18 years of age and are legally competent to contract within the meaning of the Indian Contract Act 1872.
(b)That Your use of the Platform and the Services provided therein are for lawful purposes only. By accepting the User Agreement and accessing the Platform, You agree to be in full compliance with all the applicable laws, rules, regulations and guidelines.
(c)That You have and shall continue to provide valid, true, accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
(d)That You are solely responsible for any data, content, information, data, pictorial representations and/or images that You submit or send to or exchange on the Platform. We shall under no circumstances be responsible for any claims made by a third-party in respect thereof.
(e)That You shall not submit for any data, content, information, data, pictorial representations and/or images that express or imply that such for any data, content, information, data, pictorial representations and/or images have been endorsed or sponsored by Us.
(f)That any content submitted by You to Us in relation to the Services to be rendered to You shall not be derogatory and/or contrary to applicable law, offensive or misleading in any manner and not in violation of any, inter alia, third-party agreements, laws, charter documents, judgments, orders and decrees.
(g)That images and pictorial representations on the Platform may be enhanced for advertising purposes.
(h)That You understand that the Platform is only an online aggregator and We only facilitate the Users for selection and purchase of the Services for the User Work.
(i)That We shall not be responsible for verifying any content provided by You and the Vendors to Us.
(j)That You and all other parties on Your behalf shall behave with good conduct and shall not use abusive, objectionable or defamatory conduct or language for any reason whatsoever.
(k)That You are aware that the information about the Services on the Platform, graphical images, text, video clips, reprographics, sounds, demos, patches nor any other files are purely indicative and may not match with actual Services.
(l)That You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorised such activities or actions and shall, at all times, keep the Company indemnified in this regard.
(m)That You shall be responsible for checking the content, Service description and other related information, prior to placing an Order for the relevant Service.
(n)That You shall not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and/or the Services, except as expressly permitted by the Company.
(o)That it is Your responsibility to ensure that You download the correct application and/or the version of the GizmoTab App on Your device. We are not liable if You do not have a compatible device or if You download the wrong version of the GizmoTab App on Your device. We reserve the right to suspend and/or terminate the Service and the use of the Platform should You be using the Service or the Platform with an incompatible or unauthorised device.
(p)That You shall not or cause harm, spoil, damage and otherwise deteriorate the condition, financially or otherwise, of the Product, Platform and/or the Driver.
(q)That if You are registering as a business entity, You represent that You are duly authorised by the business entity to accept the User Agreement and You have the authority to bind that business entity to the User Agreement and that the business entity has all necessary licenses and permits, as required under the applicable law to continue operations under the applicable law.
(r)That You shall be responsible and liable for the cost of repair of any damage caused to the Product, in excess of normal ‘wear and tear’ of the Products, which have been caused due to Your actions and/or omissions.
(s)That the Company shall not be responsible and liable for any actions/omissions of the Drivers and the quality of the Products offered by the Vendors, including any negligence, misconduct and accident caused by and/or due to the Products and/or the Drivers.
(t)That You shall not access or use or assist any other person to access or use Platform for the following purposes:
any unauthorised use, including but not limited to any usage of the content provided on this Platform not in conformity with the rights granted with respect to the same, may violate third-party intellectual property rights as well as the laws of privacy for which You shall be solely responsible;
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
taking any action that imposes or may impose an unreasonable or disproportionately large load on the Platform;

breaching any applicable laws;
using or attempting to use any engine, software, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to manipulate the Platform or reverse engineer it by copying, modifying, decompiling or disassembling;
linking to, mirroring or framing any portion of the Services;
causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
removing any copyright, trademark or other proprietary notices from any portion of the Platform;
transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature to the Platform;
gaining or attempting to gain unauthorised access to any part or feature of the Platform or any other systems or networks connected to the Platform or to any server, computer, network, by hacking or any other illegitimate means; and/or
any act or omission that shall constitute an offence or abetment of an offence under applicable law, including but not limited to the Information Technology Act 2000, or the Indian Penal Code 1860.
Representations and warranties
Each Party represents and warrants that:
It is duly organised and validly existing under the laws of its jurisdiction and has full corporate power and is in compliance with all the applicable laws of its jurisdiction including but not limited to the laws regarding anti-corruption or anti-bribery, and authority to enter into the User Agreement and to perform its obligations hereunder.

The execution of the Order and the User Agreement has been duly authorised by all necessary corporate actions of the respective Parties and has been validly executed by a duly authorised representative of the respective Party. The User Agreement constitutes a legal, valid and binding obligation on both the Parties and enforceable against it, in accordance with its terms.

The execution and implementation of the User Agreement or compliance with its terms by the Parties will not conflict with or result in a material breach of any of the terms, conditions or provisions of, or constitute a default or require any consent under any (a) agreement or other instrument it has executed or by which it is bound; (b) violate any of the terms and provisions of its organisation documents or any judgment, decree or order or any statute, rule or regulation applicable to it; or (c) any applicable laws.

No action has been taken against the Parties that affects the ability of the Party to perform its obligations under the User Agreement.

No bankruptcy or insolvency order has been made in the name of the respective Party. No liquidator, provisional liquidator, receiver or administrative receiver of the respective Party has been appointed and no proceedings have been filed under which such a person might be appointed.
In furtherance of Clause 20 and Clause 21.1 of these Terms and Use, the User represents and warrants that:
The User has all necessary rights, licenses, and clearances to enter into the User Agreement and to use Your Information and other information/data/content as specified herein, in compliance with all the applicable laws and regulations, including but not limited to the intellectual property rights compliance.

All the payment and business-related information of the User is valid, true and correct.

You are neither a competitor of Us nor using the Services for reasons that are in competition with Our Services.
The Company further represents and warrants that it has all the necessary rights and powers to enter into the User Agreement and to grant the rights herein to the User. THE ABOVE-MENTIONED REPRESENTATIONS AND WARRANTIES ARE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE BY THE COMPANY. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR AS TO ANY DATA SEGMENTS PROVIDED, ACCURACY, COMPLETENESS OR CORRECTNESS.

INDEMNITY

1. By accessing this Platform, You agree to defend, indemnify and hold harmless, the Company, its employees, directors, officers, consultants, agents and successors-in-interest and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions, which may result (a) in any loss or liability to Us or any third-party, including but not limited to breach of any warranties, representations or undertakings; or (b) in relation to any information provided by You on the Platform or while transacting on the Platform; or (c) in relation to the non-fulfilment of any of Your obligations under the User Agreement; or (d) arising out of Your violation of any applicable laws, regulations, including but not limited to infringement of intellectual property rights, non-payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation or loss; or (e) in relation to Your fraudulent use of the payment method on this Platform. This Clause 22 shall survive the termination and/or expiry of the User Agreement.

2. The Company acknowledges and agrees to defend, save, indemnify and hold harmless the User, and its affiliates, employees, directors, officers, consultants and agents from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims arising out of and/or directly and exclusively attributable to the actions or inactions of the Company, which may result in (a) in any loss or liability to the User, including but not limited to breach or alleged breach of any warranties, representations or undertakings; or (b) a claim that the Platform, only to the context of the usage of the Platform for each and specific Order but, not in whole, violates or is in violation of a third-party intellectual property rights.

Disclaimers

1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL AND/OR FUNCTIONAL.

2. DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM, INCLUDING THE DATA OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED ON THE PLATFORM IS CORRECT AND ACCURATE IN EVERY CASE.

3. EVEN THOUGH WE MAKE OUR BEST EFFORTS TO ENSURE THAT THE INFORMATION ON PRODUCTS AND SERVICES PROVIDED ON THE PLATFORM IS ACCURATE AND RELEVANT, WE DO NOT GUARANTEE THE ACCURACY, CORRECTNESS AND/OR RELEVANCY OF SUCH INFORMATION. THE INFORMATION ON THE PLATFORM MAY NOT BE EXHAUSTIVE OR COMPREHENSIVE.

4. YOU ACKNOWLEDGE THAT THE PLATFORM IS A WEB-BASED SOLUTION AND WE CANNOT BE HELD LIABLE OR RESPONSIBLE FOR YOUR INABILITY TO ACCESS THE PLATFORM FOR ANY REASONS NOT ATTRIBUTABLE TO US. YOU ALSO ACKNOWLEDGE THAT THE UPTIME OF THE PLATFORM DEPENDS ON MULTIPLE FACTORS AND MULTIPLE INTERNET ACCESS SERVICE PROVIDERS AND THAT THE MOST OF THESE FACTORS IMPACTING THE UPTIME OF OUR PLATFORM ARE BEYOND OUR REASONABLE CONTROL.

5. YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD-PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD-PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD-PARTY, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR RESPONSIBILITY FOR DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD-PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD-PARTY’S SERVICES.

6. WHILE THE CONTENT PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THE CONTENT IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, SUGGESTIONS, PROMOTIONS, RECOMMENDATION, ADVICE TO PURCHASE, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF THE PRODUCT AND/OR THE DRIVERS OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY PRODUCT OFFERED/VENDOR AND/OR DRIVER MENTIONED OR DESCRIBED HEREIN. IN NO EVENT, SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DESCRIPTION/MERCHANTABILITY/FITNESS/WARRANTY/DAMAGES/DELIVERY OF THE PRODUCTS.

7. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. WE AND/OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON.

8. THE COMPANY AND THE VENDORS, INCLUDING THE DRIVERS, DO NOT HAVE A RELATIONSHIP OF EMPLOYMENT, AGENCY, RELATED PARTY, INTEMEDIARY OR PARTNERSHIP. NEITHER THE COMPANY NOR THE VENDOR/DRIVER HAS ANY AUTHORITY TO ACT FOR OR TO BIND THE OTHER PARTY.

9. WE INTEND TO PROVIDE CLEAR AND UNBIASED INFORMATION ABOUT THE PRODUCTS. THE INFORMATION AND DATA ARE GENERIC IN NATURE. OUR EFFORTS ARE TO OFFER UNBIASED, ACCURATE AND RESPONSIBLE DATA TO THE BEST OF OUR ABILITY TO THE USERS. WE ARE HOWEVER, IN NO MANNER OR FORM RESPONSIBLE FOR ANY DISCREPANCIES IN THE DATA PUBLISHED ON THE PLATFORM. WE STRICTLY ENCOURAGE YOU TO EXERCISE REASONABLE DILIGENCE AS YOU WOULD ADOPT IN TRADITIONAL OFF-LINE CHANNELS AND PRACTICAL JUDGMENT BEFORE COMMITTING TO OR COMPLETING ANY INTENDED PURCHASE FROM ANY VENDOR.

10. WE CONTROL AND OPERATE THIS PLATFORM FROM JAIPUR, INDIA AND MAKE NO REPRESENTATION THAT THE MATERIAL AND INFORMATION AVAILABLE ON THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER CITIES OF INDIA. UNLESS OTHERWISE EXPLICITLY STATED, ALL PRODUCTS, SERVICES, MARKETING OR PROMOTIONAL MATERIAL FOUND ON THIS PLATFORM ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES OR OTHER ENTITIES LOCATED IN INDIA AND COMPLY WITH THE LAWS PREVAILING FOR THE TIME BEING IN FORCE IN INDIA.

11. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORISED USE OF CREDIT/DEBIT CARDS/BANKING METHODS.

Limitation of LiabilitIES

1. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES, CONSEQUENTIAL DAMAGE OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM, THE SERVICES PROVIDED, THE PRODUCTS OFFERED, THE VENDORS MENTIONED AND THE DRIVERS MENTIONED HEREIN. IN NO EVENT SHALL WE OR OUR LICENSORS/SUB-CONTRACTORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUB-CONTACTORS OR AFFILIATES (“REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

2. IN NO EVENT SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF REPUTATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES) ARISING OUT OF THE USER AGREEMENT, PLATFORM, SERVICES, VENDORS OR CONTENT OR THE USE OF OR INABILITY TO USE ANY PRODUCT OR SERVICE OR CONTENT ON THE PLATFORM OR THE NEGLIGENCE, MISCONDUCT OR OTHERWISE ANY ACTIONS/OMISSIONS OF THE DRIVERS OPERATING THE PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF SERVICES RESULTING FROM A FORCE MAJEURE EVENT. FURTHER, THE COMPANY’S TOTAL LIABILITY TO THE USER UNDER THE USER AGREEMENT FROM ALL CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR ACCRUED BY THE USER TO THE COMPANY FOR A SPECIFIC USER REQUEST UNDER THE USER AGREEMENT DURING THE THREE (3) MONTHS OR INDIAN RUPEES TEN THOUSAND, WHICHEVER IS LOWER, PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

TERM and Termination

1. The User Agreement shall continue to remain effective until terminated by either the Company or You in accordance with the manner as provided below. If You wish to terminate the Agreement with the Company, You may do so by (a) not browsing/accessing the Platform and its Services; or (b) closing Your User Account.

2. Without prejudice to any other right, We have the right, at Our sole discretion, with or without any reason, to terminate Your registration or restrict, suspend or block Your access to certain parts of the Platform or to the Services provided by the Platform or to Your User Account, if (a) there is a breach of the terms of the User Agreement; or (b) there are reasonable grounds to believe that You have breached any of the terms under the User Agreement; or (c) for legal purposes or requirements or to comply with applicable laws/orders of any law enforcement authorities, governmental authorities or court/judicial orders/decisions; or (d) the contractual relationship between the Company and You is not commercially viable, in the opinion of the Company; or (e) for any other reason. You understand that consequent to termination, You shall not be allowed to access the Platform, unless otherwise agreed or permitted in writing by Us. You accept and agree that the Company shall not be liable to You or any third-party for any termination of Your registration or restriction, suspension or blocking of Your access to certain parts of the Platform or to the Services provided by the Platform or to Your User Account.

3. This Clause 25, Clause 20 (Obligations of the Users), Clause 17 (Confidentiality), Clause 19 (Intellectual Property Rights), Clause 22 (Indemnity), Clause 23 (Disclaimers), Clause 24 (Limitation of Liabilities) and Clause 28 (Governing Law and Jurisdiction) shall survive the termination and/or expiry of the User Agreement.

FORCE MAJEURE

Notwithstanding anything contained in the User Agreement or elsewhere, We shall not be held responsible for any of Our obligations under the User Agreement due to reasons beyond Our control which are attributable to a Force Majeure Event. A "Force Majeure Event" shall mean any event that is beyond Our reasonable control and shall include without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, technical snags, unauthorised access to computer data and storage device, technical snags and breach of security and encryption.

THIRD-PARTY CONTENT/LINKS

The Platform links to other websites/applications, which may collect personally identifiable information about You or render assistance to the Company for provision of the Services. The Company is not and shall not be responsible for the privacy practices or the content of those linked websites. The Company is not responsible for any form of transmission, whatsoever, received by You from any third-party platform. We do not endorse or make any representations about third-party websites or services. You choose to provide to or that is collected by these third-parties. Under no circumstances shall We be deemed to control or guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, cookies, messages or other materials available on such platforms. We strongly encourage You to read such third-parties’ privacy policies and terms of use before accessing or availing such third-party services.

Governing Law and Jurisdiction

1. The User Agreement shall be governed, construed and interpreted in accordance with the applicable laws of India and the courts at Jaipur, Rajasthan shall have the sole and exclusive jurisdiction to entertain any disputes that may arise hereunder, subject to the dispute resolution mechanism in the succeeding paragraph.

2. In the event, the Company and the User are unable to resolve any dispute amicably, such dispute shall be submitted to final and binding arbitration at the request of either of the Parties upon written notice to that effect to the other. Such arbitration shall be in accordance with the Arbitration and Conciliation Act 1996 and shall be held at Jaipur, Rajasthan. All proceedings of such arbitration shall be in the English language. The arbitration shall be conducted by a sole arbitrator to be appointed in accordance with the provisions of the Arbitration and Conciliation Act 1996. If the Parties are unable to mutually agree upon the sole arbitrator within 30 days from the date a party raised a dispute, the arbitration panel shall consist of three (3) arbitrators, with the Company and You entitled to appoint one (1) arbitrator each and the two (2) arbitrators so appointed shall appoint the third arbitrator.

RELATIONSHIP BETWEEN THE COMPANY AND THE USER

The User Agreement does not create a relationship of employment, agency or partnership between the Company and the User. Neither the Company nor the User has any authority to act for or to bind the other Party. You accept and agree that there is no exclusive relationship between the Company and You and that the Company is entitled to enter into similar relationships/arrangement with other persons/entities.

ASSIGNMENT

1. You hereby accept and agree that the Your rights and/or obligations under the User Agreement to access the Platform and to avail the Services rendered on the Platform or any other right and/or obligation under the User Agreement are non-assignable and non-transferable to any third-party and any such assignment or transfer or purported assignment or transfer shall be unlawful.

2. The Company reserves the right to freely assign and transfer its rights and/or obligations under the User Agreement and any other related right and/or obligation to any third-party without seeking any prior consent of the User.

ENTIRE AGREEMENT

If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use including the Privacy Policy constitute the entire agreement between You and the Company in respect of the purchase of the Services. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

AMENDMENTS TO THE user Agreement and Services

1. The USER AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE RESERVE THE RIGHT TO UPDATE, MODIFY AND AMEND ANY TERMS OF THE USER AGREEMENT FROM TIME TO TIME TO REFLECT CHANGES IN THE LAW, THE FEATURES OF OUR SERVICES, ADVANCES IN TECHNOLOGY OR CHANGES IN THE TERMS OF THE USER AGREEMENT.

2. In the event of any such modification of or amendment to the User Agreement, the latest revised version of the User Agreement shall be uploaded on the Platform and shall become effective from the time of posting. Please review the changes carefully. We shall not be liable for any failure or negligence on Your part to review the updated User Agreement before accessing or availing the Platform for availing the Services. Your continued use of Platform or use of the Services, following the posting of changes to the User Agreement shall constitute Your unconditional consent and acceptance of those changes.

3. The Company reserves the right to modify the Platform or the Services that are rendered on the Platform or to discontinue to render the Services provided on the Platform or to discontinue the operations of the Platform. The Company shall take reasonable methods to inform You of such modifications and amendment. You accept and agree that the Company is not liable to You or any third-party for such modifications to the Platform and its Services and discontinuation of the Platform and its Services.

4. The amendments to the User Agreement and/or the Services, including the particular Service that You have selected, even if such a Service is on-going, may be in the form of supplemental terms (“Additional Documents”), which shall be deemed to be a part of these Terms of Use. In the event of any conflict between the terms of these Terms of Use and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of these Terms of Use or of any of the Additional Documents are not acceptable to You, please do not access, visit or use the Platform. Your continued access, visit and/or usage of the Platform after any change constitutes Your acceptance of the User Agreement.

WAIVER

The failure or delay of the Party at any time to require performance of any obligation under the User Agreement is not a waiver of that Party’s right: (a) to claim damages for breach of that obligation; and (b) at any other time to require performance of that or any other obligation under the User Agreement, unless written notice to that effect is given by the Party purporting to make such waiver. Any such waiver shall be limited to the specific breach waived. Any waiver or acquiescence by any Party of any breach of any of the provisions of the User Agreement shall not be construed as a waiver or acquiescence of any right under or arising out of the User Agreement, or of the subsequent breach, or acquiescence to or recognition of rights other than as expressly stipulated in the User Agreement. No waiver of any of the terms or conditions hereof shall be valid or binding unless made in writing and duly executed by or on behalf of the Parties. The failure of the Company to act with respect to a breach by the User or others does not waive the right of the Company to act with respect to subsequent or similar breaches.

CONTACT US

Please contact Us (through ‘Contact Us’ link http:/www.gizmotab.com) regarding any questions regarding (a) the User Agreement; (b) practices of this Platform; (c) Your dealings with this Platform; or (d) Services provided by the Platform. Further, please contact the following designated grievance officer in accordance with Information Technology Act 2000 for complaints/queries/clarifications:
Name: Mr. Nirmal Sharma
Contact Details: 8080298029



MOVAI TECHNOLOGIES PRIVATE LIMITED | PRIVACY POLICY – USER 

Movai Technologies Private Limited, a company registered under the Companies Act 2013, having Corporate Identity Number: U72200RJ2016PTC056351, and having its registered office at Golcha Garden Agra Road Jaipur, Rajasthan, 302 003 India, owns, manages and operates this platform under the brand name “GizmoTab” (hereinafter referred as “Company”, “We”, “Us” or “Our”).

We respect the privacy of the data and information of Users who are accessing, purchasing the Services on website(s), mobile application(s) and other online platform(s) (collectively, Our "Platform/GizmoTab App") and otherwise doing business with Us and we are committed to protecting it through Our compliance with this Privacy Policy. This Privacy Policy describes:

1. the types of information that We may collect from You when You access or use Our Platform; and
2. Our practices for collecting, using, maintaining, protecting and disclosing that collected information.

The Company provides a technology platform to (a) the earthmover operator or a construction operator or a commercial vehicle operator (collectively, referred to as the “Service Provider/Vendor”), who owns and provides various construction equipment vehicles, earth moving machineries, equipments, vehicles, including but not limited to excavators, road rollers, loaders, graders, rail track building machineries, compact excavators, telescopic loaders, earth diggers, machines, trench digger machines and industrial dozers and related products and services (“Products”), on the Platform; and (b) ultimate users who are desirous of availing the services to hire the Products for their own business and commercial and personal purpose (“Users”), including but not limited to for construction, earth moving, material handling, excavation, demolition, waste management, tunnelling, public works and oil and gas (“User Work”). The Platform therefore acts as an ‘on-demand earth moving equipment marketplace’ which collects substantial information regarding (a) the Products and related products and services; and (b) plurality of the Service Providers in the market, and make such Service Providers and the Products available on the Platform to enable the User to access and compare the range of Products available in the market in order to make the decision to hire the Products easier, efficient and in an organised manner for the purposes of User Work (“Services”) (for more information on the Services provided by GizmoTab, please access the homepage of GizmoTab app on http://www.gizmotab.com). The Service Provider thereby shall be making available the Products and drivers, who shall be operating the Product, and means to include such persons, who have been appointed, employed and trained by the Service Providers to drive and use the Products, on behalf of the Service Providers, subject to holding of all necessary permits and licenses to own, use and drive the Products within the territory of India (“Driver(s)”) to the User via the Platform and for providing other related services to the Users to complete the User Work assigned at the destination of the User (“Service Provider Service”).

For the purposes of this Privacy Policy, the term “User(s)” and wherever the context so requires “You”, “Your”, “Yourself” shall mean any natural or legal person who accesses or uses the Platform, either as a visitor or user of the Services provided by GizmoTab, and in the event that a natural person is representing a business entity, body corporate, reference to such terms shall include a reference to such business entity, body corporate as well. In the event, You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent to this Privacy Policy, and such entity agrees to be bound by the terms hereunder.

SCOPE AND APPLICATION

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND US.

THIS PRIVACY POLICY IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES 2011 MADE UNDER INFORMATION TECHNOLOGY ACT 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

THIS PRIVACY POLICY IS APPLICABLE ONLY TO THE USERS WHO ARE ACCESSING, PURCHASING AND USING THE SERVICES PROVIDED BY GIZMOTAB IN INDIA ONLY.

FURTHER, THIS PRIVACY POLICY IS NOT APPLICABLE TO THE INFORMATION WE COLLECT FROM OR ABOUT THE DRIVERS, SERVICE PROVIDERS OR ANY OTHER PERSON WHO USES GIZMOTAB APP. IF YOU USE GIZMOTAB APP AS BOTH A USER AND A SERVICE PROVIDER/DRIVER THEN THE RESPECTIVE PRIVACY POLICIES OF THE SERVICE PROVIDER AND THE DRIVER, SHALL APPLY TO YOU DEPENDING UPON YOUR USAGE OF GIZMOTAB APP.

YOUR ACKNOWLEDGMENT AND CONSENT

By visiting this Platform, You agree to be bound by the terms and conditions of this Privacy Policy. If You do not agree please do not use or access Our Platform.
By mere use of the Platform, You expressly and unconditionally agree to the terms and conditions of this Privacy Policy and consent to usage, storage and handling of the information submitted by You in accordance with the terms contained hereunder. This Privacy Policy is in addition to the Terms of Use for the User and other incidental policies any other agreements entered into between Us and You, collectively referred to as the “User Agreement”, which can be accessed http://www.gizmotab.com/privacy-policy.html

This Privacy Policy applies to information We collect through Our Platform, in email, text and other electronic communications sent through or in connection therewith and the information that You share with the registered Service Provider/Drivers or in connection therewith (collectively “User Information”). When You submit User Information on the Platform, it shall be deemed that You have granted Us the right to collect, store, process, handle and use such User Information, in accordance with this Privacy Policy as amended from time to time.

This Privacy Policy DOES NOT apply to information that You provide to, or that is collected by, any third-party such as the Service Providers/Drivers or any other third-party from whom You may avail services, independently or beyond the Services provided by GizmoTab, and/or pay and social networks that You use in connection with Our Services. We encourage You to consult directly with such third-parties about their privacy policies and practices.

Please read this Privacy Policy carefully to understand Our policies and practices regarding Your information and how We will treat it.

INFORMATION WHICH ARE COLLECTED BY US

We collect various types of information from and about Users of Our Platform, including information:

1. that can be used to uniquely identify or contact a person and/or the business entity that a person represents; and/or
2. regarding Your internet connection, the equipment You use to access Our Platform and Your usage details, which are non-personal information that does not uniquely identify or contact a person and/or the business entity that a person represents.

We may treat personal information and non-personal information differently in accordance with this Privacy Policy.

We collect this information:

1. directly or indirectly from You when You provide it to us; and/or
2. as You navigate through Our Platform (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies).

We may store Your information in physical form along with the electronic form. We may enter into agreements with third-parties to store or process Your information. Contractual obligations bind these third-parties to keep Your personal information confidential and use it only for the purposes for which We disclose it to them.

Information You provide to Us

The information We collect on or through Our Platform shall include inter alia:

1. Your full name, address, email address, telephone number, date of birth and bank or payment card details and any proof of Your identity and/or address, postal code, profile picture, password and other information that You may provide with Your account (but not including account holder, account name, account number, online banking PIN, transaction authentication number and password, available balance and transaction history of Your bank account), tax certificates or any other income documents as necessary by Us, such as Your gender, mobile phone number and website and all other information, You may provide Us through third-party sign-in services such as social media services, commercially available sources and business partners. In such events/cases, We fetch and store whatever information is made available to Us by You through these sign-in services;
2. Details of the User Work, location of the User Work and other information incidental to availing the Services and Service Provider Services;
3. Your preferences including settings such as time zone and language;
4. Details of credit, debit, other cards, internet banking used by You for transactions;
5. Details of Your visits to Platform, including but not limited to types of communication or network access devices, location data, web logs and other communication data;
6. Information provided, uploaded, shared by You through Our Platform, including inter alia Your PAN details, TAN details, details of incorporation, government and business-related approvals/consents/licenses, tax certificates, invoices, reviews, photographs, comments, lists, followers, the users You follow, current and prior purchase or browsing details, contact or notification information, other information in Your account profile and the information submitted while registering on the Platform;
7. Your search details such as search terms You have looked up and results You selected;
8. Your browsing details including time, frequency, features used, etc by You;
9. Communications between You and other Users or registered Service Providers/Drivers through Our Platform; participation by You in a survey, poll, sweepstakes, contest or promotion scheme; Your request for certain features (eg, newsletters, updates or other products/services);
10. If You avail any Services through Our Platform, We may collect and store information about You to process Your requests and automatically complete forms for future transactions, including but not limited to Your phone number, address, email, billing information and credit or payment card information. This information may be shared with third-parties which assist in processing and fulfilling Your requests, including PCI compliant payment gateway processors, card associations, payment aggregators. When You submit credit or payment card information, We encrypt the information using industry standard technologies. If You write reviews about businesses/services with which You conduct transactions through Our Platform, We may publicly display information that You transacted with those businesses/services;
11. The information provided by You (such as Your ratings, reviews, reviews, comments, feedback, suggestions, ideas, and other submissions, to be disclosed, submitted or offered to the Company on or through the Platform, any blog, Facebook, Twitter, LinkedIn or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with Your use of the Platform or purchase of the Services ) to be published or displayed on publicly accessible areas of Our Platform, or transmitted to other Users of Our Platform or third-parties (collectively, "Comments"). Your Comments are posted on and transmitted to others at Your own risk. Although We limit access to certain pages, You may set certain privacy settings for such information through Your account profile. PLEASE BE AWARE THAT NO SECURITY/DATA PROTECTION MEASURES ARE PERFECT OR IMPENETRABLE. ADDITIONALLY, WE CANNOT CONTROL THE ACTIONS OF OTHER USERS OF OUR PLATFORM WITH WHOM YOU MAY CHOOSE TO SHARE YOUR USER CONTRIBUTIONS. THEREFORE, WE CANNOT AND DO NOT GUARANTEE THAT YOUR COMMENTS WILL NOT BE VIEWED BY UNAUTHORISED PERSONS. We may display this information on Our Platform, share it with businesses, and further distribute it to a wider audience through third-party sites and services. You should be careful about revealing any sensitive details about Yourself in such postings; and
12. Information collected through cookies.

Where possible, We indicate which fields are mandatory and which fields are optional to be filled on Our Platform. You always have the option to not provide information by choosing not to submit particular information or feature on the Platform.

BY USING THE PLATFORM, YOU CONSENT TO THE COLLECTION, STORAGE, USE AND DISCLOSURE OF THE USER INFORMATION THAT YOU PROVIDE FOR ANY OF THE SERVICES THAT WE OFFER, AND YOU CONSENT TO OUR COLLECTION OF ANY CHANGES OR UPDATES THAT YOU MAY PROVIDE TO THE USER INFORMATION. WE COLLECT ONLY SUCH USER INFORMATION THAT WE BELIEVE TO BE RELEVANT FOR THE PURPOSE OF IDENTIFICATION AND VERIFICATION AND IS REQUIRED TO UNDERSTAND YOU OR YOUR INTERESTS.

IT IS CLARIFIED THAT WE SHALL NOT BE LIABLE, FOR ANY REASON WHATSOEVER, FOR THE AUTHENTICITY OF ANY USER INFORMATION PROVIDED BY YOU TO US. YOU HEREBY CONFIRM THAT THE USER INFORMATION PROVIDED BY YOU IS AND SHALL CONTINUE TO BE VALID, TRUE, ACCURATE AND NOT IN VIOLATION OF ANY THIRD-PARTY AGREEMENTS, LAWS, CHARTER DOCUMENTS, JUDGMENTS, ORDERS AND DECREES. YOU SHALL INDEMNIFY AND HOLD US HARMLESS IN THE EVENT YOU ARE IN BREACH OF THIS PRIVACY POLICY.

Information received from third-parties

We will be collecting, processing and storing Your user ID associated with any social media account (such as Your Facebook, Google account, Twitter and LinkedIn) that You use to sign into the Platform or connect with or use the Platform. Also, information will be collected about You from third-parties such as the Service Providers/Drivers, marketers, third-party websites and researchers.

If You interact with Our Services in another capacity such as a Driver/Service Provider or user of other applications that We provide, We may combine or associate that information with information We have collected from You in Your capacity as a User under this Privacy Policy.

Information collected through Our Platform

Information may be collected automatically from the computer or communication or network access devices (including mobile devices) You use to access the Platform, even if You use the Platform without registering or logging in and the same shall include inter alia:

1. Your server’s IP address from where the Platform is being accessed, the type of browser, the operating system of Your system and the website You last visited before visiting to Platform and Your computer, internet connection and mobile device, other browsing information (connection, speed, connection type, etc), device type, hardware model, operating system and version, software and file names and versions, preferred language, advertising identifiers, serial number, device’s unique device identifier, mobile network information, device motion information and the device’s telephone number;
2. When You use Our Services, We collect location data about the trip (including but not limited to the destination location, Your location, or any specific location route) from the GizmoTab App used by the Drivers/Service Providers. We may also collect real-time information about the location of Your device, as permitted by You through the permission system used by Your mobile operating system. We may also derive Your approximate location from Your IP address;
3. Details of Your use of Our Platform, including location data, traffic data, logs and other communication data and Services that You use and access on or through Our Platform, date and time of the Service provided, work done on the site of the User and other related details. Additionally, if someone uses Your promo code then We may associate Your name with that person;
4. We also may access metadata and other information associated with other files stored on Your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information;
5. Unique mobile device identifier (eg IDFA or other device IDs on Apple devices like the iPhone and iPad), if You are using Our Platform on a mobile device, We may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognise You. Unlike cookies, mobile device IDs cannot be deleted from records. We may share it with advertising companies and they may use device IDs to track Your use of Our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to You. We may also share it with analytics companies which may use mobile device IDs to track Your usage of Our applications/Platform;
6. Other information relating to Your activity on the Platform, such as Your search queries, comments, domain names, search results selected, pages viewed and the order of those pages, how long You visited Our Platform, the date and time You used the Platform, error logs, settings chosen, preferences expressed and other similar information;
7. Our Services facilitate communications between the Users and the Drivers/Service Providers. In connection with facilitating the Services and interactions between the Users and the Drivers/Service Providers, We receive call data including but not limited to the date and time of the call or SMS message, the parties’ phone numbers and the content of the SMS messages; and
8. In case of mobile application users, the online or offline status of Your application.

Information collected through other tools and cookies

We and third-parties with whom We partner shall use pixel tags, cookies, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information in respect to Your use of any third-party websites and the Platform. A cookie can be understood as small text file that is stored on Your computer/mobile that enables Us to recognise when You visit Our Platform, website; store Your preferences and settings; enhance Your experience by delivering content and advertising specific to Your interests; perform research and analytics; track Your use of Our Platform; and assist with security and administrative functions. This anonymous information is maintained distinctly and is not linked to the User Information You submit to Us. A pixel tag (also called a web beacon) can be understood as a small graphic with embedded invisibly on a webpage (or an online ad or email) and a unique identifier and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on Users’ computers. Additionally, You may encounter cookies or other similar devices on certain pages of the Platform that are placed by third-parties. We do not control the use of cookies by third-parties and shall not be liable for any reason whatsoever for these third-party cookies. We advise You to check their privacy policies for information about third-parties’ cookies and other practices. We do not control the practices of such third-parties/partners and their privacy policies/cookies policies which govern their interactions with You.

Kindly note that most browsers are set to automatically allow cookies. Most cookies are session cookies that are automatically deleted from Your hard drive when You close the browser. HOWEVER, IT MAY BE POSSIBLE TO DISABLE SOME (BUT NOT ALL) COOKIES THROUGH YOUR MOBILE DEVICE OR BROWSER SETTINGS, BUT DOING SO MAY INTERFERE WITH CERTAIN FUNCTIONALITY ON THE PLATFORM.

Important information about mobile platform permissions

Most mobile platforms (iOS, Android, etc) have defined certain types of device data that applications cannot access without Your consent. Such platforms have different permission systems for obtaining Your consent. The iOS platform will alert You the first time the GizmoTab App wants permission to access certain types of data and will let You provide Your consent to that request. Whereas, the Android devices will notify You of the permissions that GizmoTab App seeks before Your first use of the GizmoTab App and Your use of the GizmoTab App constitutes Your consent.

1. USE AND DISCLOSURE OF INFORMATION COLLECTED

Usages

Information collected from You may be used for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, storage, usage or processes in accordance with the consent of the user) connected with a function or activity of the Platform (“Usages”), including inter alia:

1. To verify Your identity;
2. To facilitate Your usage of Platform;
3. To provide, maintain, improve and personalise Our Services;
4. To facilitate communications between You and the registered Driver/Service Providers for provision of the Services including but not limited to details of the Driver, details of the equipment, estimated time of arrival of the Driver and other information regarding the Service Providers;
5. To process and respond to Your queries/requests and to provide User support to You;
6. To inform You regarding changes in Platform;
7. To send You surveys and marketing communications that We believe may be of interest to You;
8. To analyse, conduct internal reviews, surveys and understand Our Users, improve the content and features of Our Platform, process and complete Your transactions and make special offers;
9. To diagnose technical problems, provide support and help You in addressing troubleshoot problems;
10. To send and receive communications, show advertisements, notifications;
11. To prepare reports, review, etc on a user aggregated basis without identifying You as a particular user;
12. To contact You regarding third-party services/goods, offers, to understand Your preferences, requirements, etc;
13. To permit You to participate in interactive features offered through Our Platform;
14. To improve the content and protecting the integrity of the Platform;
15. To respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
16. To detect and protect any error, hacking, fraud, commercial and identity checks and develop safety features; and
17. Any other purpose as required in connection with the Platform and the Services.

Disclosures

Except as provided in this Privacy Policy, We shall not provide any of Your personal information to any third-parties without Your specific consent. However, We may share non personal information with third-parties. You hereby give Us unconditional consent to disclose the information collected from You or on/through the Platform to and/or for various purposes including inter alia:

1. For legal purposes and requirements to comply with applicable laws;
2. To Our affiliates, subsidiaries and related parties;
3. To the registered Service Providers/Drivers and other third-parties and persons who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them;
4. For Usages mentioned above;
5. To any person for maintaining security, operating Platform, to enquire or protect from any fraud, hacking;
6. To third-parties to market their products or services to You;
7. For enforcing or applying Our terms of use and other agreements, including for billing and collection purposes;
8. If the disclosure, in Our believe, is necessary or appropriate to protect Our rights, property, or safety, customers or others. This will include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and
9. To grow Our business/Platform and/or help Us serve You better.

PAYMENT CARD INFORMATION

To avail the Services and any other related activity through Our Platform, We may require Your credit, debit card and/or internet banking account information. Hence, by submitting Your credit, debit card and/or internet banking account information through Our Platform, You expressly consent to the sharing of Your information with the merchants, third-party payment processors, payment gateways, payment aggregators and other third-party service providers (including but not limited to vendors who provide fraud detection services to Us and other third-parties).

SECURITY AND DATA PROTECTION

To prevent any form of unlawful interception or misuse of User Information, We use reasonable physical, electronic and managerial procedures to safeguard and secure the User Information collected. We use reasonable secure and technologically appropriate measures, in compliance with the Information Technology Act 2000 and the rules related thereto to protect You against loss or misuse of Your User Information including internal reviews of data collection, storage and processing practices and other reasonable security measures which are equivalent to security measures that the Company uses to protect its own confidential information.

We have implemented technical and organisational measures designed to secure Your personal and commercial information from accidental loss and unauthorised access, use, alteration or disclosure. 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. YOU, HEREBY ACKNOWLEDGE AND ACCEPT THAT PROVIDING PERSONAL AND COMMERCIAL INFORMATION IS AT YOUR OWN RISK AND THAT THE COMPANY WILL NOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES INCURRED.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR DISCLOSURE OF YOUR INFORMATION DUE TO ERRORS IN TRANSMISSION, UNAUTHORISED THIRD-PARTY ACCESS, OR OTHER CAUSES BEYOND OUR CONTROL OR FORCE MAJEURE OR HACKING. You should not share Your user name, password, or other security information relating to Your account with anyone. If We receive instructions using Your username and password, We will consider that You have authorised the instructions. You agree and confirm that Your User Information may be transferred, processed and stored. You hereby confirm that You have been made aware of the security measures undertaken by Us and You expressly consent to Us storing, handling, using Your User Information.
PERSONS BELOW 18
The Platform is not intended for Users under the age of 18 years. We do not knowingly collect any personal information from persons under the age of 18 years or market to or solicit information from anyone under the age of 18 years. YOU REPRESENT THAT YOU ARE ABOVE THE AGE OF 18 YEARS AND/OR LEGALLY COMPETENT IN ACCORDANCE WITH THE LAW TO WHICH YOU ARE SUBJECT AND ARE OTHERWISE QUALIFIED TO ENTER INTO THIS PRIVACY POLICY TO AVAIL THE SERVICES PROVIDED ON THE PLATFORM.
THIRD-PARTY LINKS
The Platform links to other websites/applications, which may collect personally identifiable information about You. The Company is not and will not be responsible for the privacy practices or the content of those linked websites. Company is not responsible for any form of transmission, whatsoever, received by You from any third-party platform. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information You choose to provide to or that is collected by these third-parties. Under no circumstances shall We be deemed to control or guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, cookies, messages or other materials available on such platforms. We strongly encourage You to read such third-parties’ privacy policies.
ADVERTISEMENTS
We use third-party advertising companies/entities to serve ads when You visit Our Platform. These entities may use information (including but not limited to Your name, address, email
address, or telephone number) about Your visits to the Platform and other websites in order to provide advertisements about goods and services of interest to You.
RETENTION OF INFORMATION AND ACCOUNT CLOSURE
Please note that We shall retain information about You till such time, such information is required for the purpose of providing You with Our Services or is required under applicable law. However, We shall retain non-personal information about You indefinitely.

You can close Your account by visiting Your profile settings page on Our Platform or by writing to us at support@gizmotab.com. We will remove Your public posts from view and/or dissociate them from Your account profile, BUT WE MAY RETAIN INFORMATION ABOUT YOU FOR THE PURPOSES AUTHORISED UNDER THIS PRIVACY POLICY UNLESS PROHIBITED BY LAW. If You would like to review, change or delete personal information We have collected from You, or permanently delete Your account, please login to Your online or in-app account.
If You delete Your information from Our Platform, copies of Your information may remain viewable in cached and archived pages, or might have been copied or stored by other Users of Our Platform.

INTELLECTUAL PROPERTY RIGHTS

All content on Our Platform, including graphics, text, icons, interfaces, audio clips, logos, images, reviews, Comments and software is the property of the Company and/or its content suppliers and is protected by Indian and international copyright laws and other applicable intellectual property laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Platform can only be made with the express written permission of the Company. All other trademarks, brands and copyrights other than those belonging to the Company, belong to their respective owners and are their property. You shall not modify the paper or digital copies of any materials You have printed off or downloaded in any way on or from the Platform, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. YOU MUST NOT USE ANY PART OF THE CONTENT ON OUR PLATFORM FOR COMMERCIAL PURPOSES WITHOUT OBTAINING A WRITTEN LICENCE TO DO SO FROM US OR OUR LICENSORS. IF YOU PRINT OFF, COPY OR DOWNLOAD ANY PART OF OUR PLATFORM IN BREACH OF THE TERMS HEREOF, YOUR RIGHT TO USE OUR PLATFORM WILL CEASE IMMEDIATELY AND YOU SHALL, AT OUR OPTION, RETURN OR DESTROY ANY COPIES OF THE MATERIALS YOU HAVE MADE OR SHALL PROVIDE US PROPER REMEDIES.

AMENDMENTS TO THIS PRIVACY POLICY

OUR PRIVACY POLICY IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE RESERVE THE RIGHT TO UPDATE, MODIFY AND AMEND ANY TERMS OF THIS PRIVACY POLICY FROM TIME TO TIME TO REFLECT CHANGES IN THE LAW, OUR DATA COLLECTION AND USE PRACTICES, THE FEATURES OF OUR SERVICES, OR ADVANCES IN TECHNOLOGY. Please check this page periodically for changes. The use of information We collect is subject to the Privacy Policy in effect at the time such information is used. If We make any material changes to this Privacy Policy, We will post the changes here. Please review the changes carefully. We shall not be liable for any failure or negligence on Your part to review the updated Privacy Policy before accessing or availing the Platform for availing the Services. Your continued use of Platform or provision of information or use of the Services, following the posting of changes to this Privacy Policy will constitute Your unconditional consent and acceptance of those changes.

FORCE MAJEURE

Notwithstanding anything contained in this Privacy Policy or elsewhere, We shall not be held responsible for any loss, damage or misuse of Your User Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" shall mean any event that is beyond Our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, technical snags, unauthorised access to computer data and storage device, technical snags and breach of security and encryption.

GOVERNING LAW AND DISPUTE RESOLUTION

This Privacy Policy shall be governed, construed and interpreted in accordance with the applicable laws of India and the courts at Jaipur, Rajasthan shall have the sole and exclusive jurisdiction to entertain any disputes that may arise hereunder.

CONTACT US

Please contact Us (through ‘Contact Us’ link, available at http:/www.gizmotab.com/) regarding any questions regarding (i) this Privacy Policy; (ii) practices of this Platform, or (iii) Your dealings with this Platform.
If You have any discrepancies/grievances in relation to the collection, storage, use, disclosure and transfer of Your Information under this Privacy Policy, please contact the following designated grievance officer in accordance with Information Technology Act 2000:

Name: Mr. Nirmal Sharma
Contact Details: 8080298029

YOU HEREBY FURTHER ACKNOWLEDGE AND AGREE THAT THIS PRIVACY POLICY:
1. PROVIDES FOR CLEAR AND EASILY ACCESSIBLE STATEMENTS OF ITS PRACTICES AND POLICIES;
2. PROVIDES FOR THE TYPE OF PERSONAL OR SENSITIVE PERSONAL DATA OR INFORMATION THAT IS COLLECTED;
3. PROVIDES FOR THE PURPOSE OF COLLECTION AND USAGE OF COLLECTED INFORMATION;
4. PROVIDES FOR DISCLOSURE OF INFORMATION INCLUDING SENSITIVE PERSONAL DATA OR INFORMATION; AND
5. PROVIDES FOR REASONABLE SECURITY PRACTICES AND PROCEDURES.


MOVAI TECHNOLOGIES PRIVATE LIMITED | TERMS OF USE - VENDOR 


THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT 2000 AND RULES MADE THERE UNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT 2000, AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND US. THESE TERMS OF USE SHALL BE EFFECTIVE BY MERE USE / ACCESS OF OUR PLATFORM AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE PLATFORM OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE PLATFORM. IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS OUR PLATFORM.

INTRODUCTION

1. Movai Technologies Private Limited, a company registered under the Companies Act 2013, having Corporate Identity Number: U72200RJ2016PTC056351, and having its registered office at Golcha Garden Agra Road Jaipur, Rajasthan, 302 003, India, owns, manages and operates this platform, website, mobile application and other online platform (collectively referred to as the “Platform/GizmoTab App/GizmoTab”) under the brand name of “GizmoTab” (“hereinafter referred as “Company”, “We”, “Us” or “Our”).

2. The Service Provider’s accessing/using services on Our platform, website(s), mobile and other application(s) and other online platform(s) (collectively, Our "Platform(s)"), is governed by and shall be subject to the following terms and conditions, along with the documents referred to in the following terms and conditions (“Terms of Use”), the Vendor’s Privacy Policy, available at http://www.gizmotab.com/privacy-policy.html, the Driver’s Privacy Policy, available at http://www.gizmotab.com/privacy-policy.html and any other agreement or additional document, the terms whereof are subject to change at any time, without prior notice to You (“Master Service Agreement”). To ensure that You are aware of the changes, please review the Master Service Agreement and all the documents referred to hereunder periodically.

1. For the purposes of this Agreement, the term “Service Provider(s)/Vendor(s)” and wherever the context so requires “You”, “Your”, “Yourself” shall mean any natural or legal person who accesses or uses the Platform and in case a natural person is representing a business entity and/or a body corporate as the Service Provider, reference to Service Provider shall include a reference to such business entity and/or a body corporate as well. The Service Provider hereby confirms that it has been expressly authorised by such entity to give consent to the Master Service Agreement, and such entity agrees to be bound by the terms hereunder. The Company shall be entitled to use third-party agencies for the rendering and completion of the Services. Additionally, the Company and the Service Provider shall collectively be referred to as the “Parties”, and individually as the “Party”.

This Master Service Agreement sets forth the legally binding terms of Your use of the Platform and related services and shall govern the relationship between the Company and the Service Provider and shall represent the Parties’ mutual understanding for providing the Products through GizmoTab on hire to the ultimate Users (defined below). By accessing/using this Platform, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Platform, collectively in the Master Service Agreement. If any of the terms of the Master Service Agreement or of any of the additional documents are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the Master Service Agreement.

2. SERVICES

1. You acknowledge that the Company provides a technology platform to (a) the earthmover operator or a construction operator or a commercial vehicle operator (collectively, referred to as the Service Provider), who owns and provides various construction equipment vehicles, earth moving machineries, equipments, vehicles, including but not limited to, excavators, road rollers, loaders, graders, rail track building machineries, compact excavators, telescopic loaders, earth diggers, machines, trench digger machines and industrial dozers and related products and services (“Products”), on the Platform; and (b) ultimate users who are desirous of availing the services to hire the Products for their own business and commercial and personal purpose (“Users”), including but not limited to, for construction, earth moving, material handling, excavation, demolition, waste management, tunnelling, public works and oil and gas (“User Work”). The Platform therefore acts as an ‘on-demand earth moving equipment marketplace’ which collects substantial information regarding (a) the Products and related products and services; and (b) plurality of the Service Providers in the market, and makes such Service Providers and the Products available on the Platform to enable the User to access and compare the range of Products available in the market in order to make the decision to hire the Products easier, efficient and in an organised manner for the purposes of User Work (“Services”). The Service Provider thereby shall be making available the Products and drivers, who shall be operating the Product, and means to include such persons, who have been appointed, employed and/or trained by the Service Providers to drive and use the Products, on behalf of the Service Providers, subject to holding of all necessary permits and licenses to own, use and drive the Products within the territory of India (“Driver(s)”) to the User via the Platform and for providing other related services to the Users to complete the User Work assigned at the destination of the User (“Service Provider Service”).

2. The Company shall, for the purposes of providing Services to the User, create a database and record of, inter alia, (a) the Service Providers available in the market, with whom the Company has entered into a Master Service Agreement; (b) the number, type and details of the Products available with each Service Provider; (c) the geographical location of the Service Providers, the Products and the Drivers of the respective Service Provider; and (d) the number and other details of the Drivers of the respective Service Provider (“Database”). The Company shall, on the basis of the Database, make available the Products on the Platform for the Users to hire the Products for the User Work.

3. Subject to the terms and conditions set forth herein, the Service Provider grants a limited, revocable, non-exclusive, royalty-free and transferrable right and license to the Company to (a) access or use otherwise the details of the Product, including but not limited, to the picture of the Product, type, brand name, years of manufacturing, logo and any intellectual property; and (b) collect, display and use such information of the Product for either internal business or for making such information of the Products available on the Platform for providing Services to the Users until the termination of the Master Service Agreement, in the manner set out herein. The Company however acknowledges and agrees that such usage is subject to the intellectual property rights of the Service Provider or of any third-party, if any.

4. Notwithstanding anything contained in the Master Service Agreement, the Service Provider also grants a limited, revocable, non-exclusive, royalty-free and transferrable right and license to the Company to (a) access or use otherwise the details of the Service Provider and the Drivers, including but not limited to, the name, logo, intellectual property, registration details, address proof, PAN card, incorporation documents, ownership documents of the Products, governmental licenses and approvals required for owning and operating the Products and verification documents, personal information and contact details of the Drivers, relevant taxation related documents; and (b) collect, display and use such information of the Service Providers, Products and the Drivers for either internal business or for making such information available on the Platform for providing Services to the Users until the termination of the Master Service Agreement, in the manner set out herein. The Company however acknowledges and agrees that such usage is subject to the intellectual property rights of the Service Provider or of any third-party, if any.

PERSONAL INFORMATION

The privacy of Your information/data is governed by Our privacy policy for both the Service Provider (“Vendor/Service Provider’s Privacy Policy”) and the Driver of the respective Service Provider (“Driver’s Privacy Policy”) (collectively, the “Privacy Policies”) and the additional provisions in the Master Service Agreement. You confirm that You and Your registered Driver have read and agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policies, which shall be deemed to be an integral part of the Master Service Agreement. It is clarified that any information provided or exchanged by You and Your Driver on or through the Platform with any third party is at Your sole risk and We do shall not be liable for any claims in this regard whatsoever. Please refer to Vendor’s Privacy Policy, available at http://www.gizmotab.com/privacy-policy.html, the Driver’s Privacy Policy, available at http://www.gizmotab.com/privacy-policy.html. The Service Provider acknowledges and agrees that it has read and understood the Vendor’ Privacy Policy and has agreed to be bound by the Vendor’ Privacy Policy, which shall be deemed to be an integral part of these Terms of Use. Further, the Service Provider of the respective Driver acknowledges and agrees that the Service Provider along with the respective Driver has read and understood the Driver’s Privacy Policy and has agreed to be bound by the Driver’s Privacy Policy, which shall be deemed to be an integral part of these Terms of Use.

REGISTRATION PROCESS OF THE SERVICE PROVIDER

1. You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process prescribed herein and provided that You not are not subject to suspension, cancellation or disciplinary proceeding by the Company under the Master Service Agreement or otherwise.

2. A service provider shall be registered as a Service Provider on the Platform only upon the successful completion of the registration process prescribed herein.

3. A Service Provider shall be eligible to be registered on the Platform only if the Service Provider has entered into the Master Service Agreement with the Company by accepting these Terms of Use on the Platform and by submitting the information and documents in relation to the Service Provider, its Products and its Drivers, prescribed herein in Clause 5. The Service Provider hereby acknowledges and agrees that the Service Provider can open only one (1) account on the Platform, using the exclusive and specific login details.

4. A Service Provider acknowledges that, post accepting the Terms of Use, the Service Provider shall upload the information of the Service Provider, its Drivers, its Products and ownership/registration/fitness documents of the Service Provider, its Drivers and its Products, described in detail in Clause 5 herein (“Registration Information”). The Service Provider acknowledges and agrees that the right of the Service Provider to be registered with the Company as a Service Provider is subject to the confirmation by the Company. A confirmation mail shall be sent to the registered e-mail address/mobile number of the Service Provider to verify the Service Provider Account (defined below) created by Company on the Platform for the Service Provider. The Service Provider Account shall be active only after the Service Provider verifies the e-mail address/mobile number by clicking on the verification link. In case, the Service Provider uses an e-mail address/mobile number provided to the Service Provider by the employer or organisation of the Service Provider, the access or use of the Platform may be blocked by such employer/organisation depending on the policies of the employer or organisation of the Service Provider, as the case maybe, and the Company shall not be liable for non-access of the Platform in such an event.

5. The Company shall under no circumstances be liable for the authenticity of the Registration Information submitted by the Service Provider during the registration process. The Company shall take reasonable measures to ensure that the Registration Information remains confidential, secure and is used only for the purposes of verification. The Service Provider acknowledges and agrees that the Service Provider shall be solely responsible for the description, merchantability, title, fitness, warranty, damages and/or delivery of the Products and the Drivers, and the Company shall not be responsible and liable for any claims of the User, in this regard. Any liability resulting due to non-compliance by the Service Providers, its Drivers and its Products, resulting in any loss or damage to the Users, shall be solely borne by the Service Providers. By submitting Your Information on the Platform, You hereby expressly consent to Us using Your Information.

6. In the event, there are any changes to the Registration Information, the Service Provider agrees to immediately intimate the Company of such change in writing at support@gizmotab.com. If the Service Provider provides any information that is untrue, inaccurate, incomplete or not valid or if the Company has reasonable grounds to suspect that such Registration Information is untrue, inaccurate, not valid or not in accordance with the Master Service Agreement, the Company has the right to reject the registration process of the Service Provider and/or suspend or terminate the Service Provider Account and/or terminate the Master Service Agreement.

SUBMISSION OF INFORMATION ABOUT SERVICE PROVIDER, PRODUCTS AND DRIVERS

The Service Provider acknowledges and agrees that the registration process of the Service Provider shall be subject to the submission of information about the Service Provider, its Products and its Drivers, to the Company, and the decision of the Company shall be final and binding. The Service Provider shall provide the Registration Information in relation to the Service Provider, its Products and its Drivers in the manner prescribed on the Platform.

SERVICE PROVIDER ACCOUNT AND ONLINE ACCESS

1. The Company shall provide an online access to the Platform to the Service Providers, who have been successfully registered as the Service Providers to the Company.

2. The Company acknowledges and agrees that the Service Provider has the right to access and use the Platform and the applications/software/dashboard provided on the Platform (collectively, the “Service Provider Dashboard”). The terms and conditions specified in these Terms of Use shall also govern the online access and use of the Platform by the Service Provider. In accordance with this, the Company grants a limited right to the Service Providers to access and use the Service Provider Dashboard, solely for the purposes of reviewing the usage of the Products by the Users, number of Users availing the services of the respective Service Providers, details of the Services availed by the User, confirming a request of the User for the User Service, turning off/on the ignition of the Product available on the location of the User, payment cycle for each Product and other incidental information of the Product and the Drivers, by providing exclusive and specific login details to the Service Providers (“Service Provider Account”), which shall identify each registered Service Provider. The Service Provider hereby understands and agrees that the information available on the Service Provider Dashboard and the Driver Dashboard, may be shared by the Company with the Users or any other third-party for processing and fulfilment of the Services and the Service Provider Services and the Service Provider hereby consents to it. The Company shall not be liable for any use/misuse of the information on the Service Provider Dashboard and the Driver Dashboard by such Users or any other third-party, for any reason whatsoever.

3. The Company shall under no circumstances be liable for the authenticity of the information available on the Service Provider Dashboard and the Driver Dashboard. The Company shall take reasonable measures to ensure that the information available on the Service Provider Dashboard remains confidential, secure and is used only for the purposes of internal business and provision of Services by the Company.

4. The Company reserves the right to restrict or refuse the access and/or usage of the Platform by the Service Provider, in any manner, including but not limited to, termination of the Service Provider Account or removal of the content associated with the Service Provider Account or termination of the Master Service Agreement, without providing with any reasons and without a prior notice. The Service Provider understands that consequent to termination, the Service Provider shall not be allowed to access or use the Platform unless otherwise agreed or permitted in writing by the Company.

5. The Service Provider acknowledges and agrees that it shall not share or transfer the Service Provider Account login details with any third-party, and shall keep the details of the Service Provider Account confidential. The Service Provider shall be solely responsible for any activity which occurs through the Service Provider Account and shall not hold the Company liable in this regard, for any reason whatsoever. The Service Provider undertakes the responsibility to control the dissemination and use of the Service Provider ID and passwords associated with the Service Provider Account and permit, supervise and regulate entry to the Service Provider Account. The Company cannot and shall not have any obligation or culpability for any data submitted on the Service Provider Account or any data used or misused whether submitted, utilised, or misused by the Service Provider, its representatives or any third-party, whether or not, acting on behalf of the Service Provider.

6. The Service Provider acknowledges and agrees that it is the responsibility of the Service Provider to ensure that the Service Provider and/or the Driver of the respective Service Provider have downloaded the correct application and/or the version of the GizmoTab on the device of the Service Provider and the Driver Device/device provided by the Service Providers to their respective Drivers. The Company is not liable if the Service Provider and/or the Driver does not have a compatible device or if the Service Provider and/or the Driver has downloaded the wrong version of the GizmoTab on the devices. The Company reserves the right to suspend and/or terminate the Service Provider Account and/or the Driver account on the Platform should the Service Provider and/or the Driver be using the Platform with an incompatible or unauthorised version of the GizmoTab and/or device.

7. Upon being successfully registered as a Service Provider, the Service Provider consents to receiving periodic newsletters and other offers from the Company on the e-mail address and mobile number provided by the Service Provider.

DEVICE ALLOCATION AND TRAINING PROCESS

1. Upon being successfully registered as a Service Provider, the Company shall undertake to initiate the process to (a) allocate the devices to the Drivers of the respective Service Provider, pre-installed with the GizmoTab App, (“Driver Device”) along with embedding of the GizmoTab device on the registered Products of the respective Service Providers which shall, inter alia, record the limit and consumption of the fuel, geo-location and additional features such as to start and/or stop the ignition of the respective Product and record the geo location of the respective Products (“GizmoTab Device”); and (b) train the registered Drivers and the registered Service Providers about the Platform and other related terms (“Training Process”).

2. The Company shall provide each registered Driver with a personalised / customised / specially configured Driver Device which shall have an in-built GizmoTab App installed in the Driver Device, to identify each Driver of a respective Service Provider. The Company acknowledges and agrees that the registered Drivers of the respective Service Provider, have the right to access and use the Platform and the applications/software/dashboard provided on the Platform (collectively, the “Driver Dashboard”) either through their personal devices or the Driver Device, provided by the Company. The Company acknowledges and agrees that the Service Providers can in place of Driver Devices provide its respective Drivers with a device to operate and access the Platform and the Driver Dashboard, at its own cost, and the Company shall not be responsible and liable for any claims against the device or the actions/omissions of the Drivers due to the devices provided by the Service Providers to their respective Drivers in place of the Driver Device.

3. The terms and conditions specified in these Terms of Use shall also govern the online access and use of the Platform by the Drivers of the respective Service Providers. In accordance with this, the Company grants a limited right to the Drivers of the respective Service Providers to access and use the Driver Dashboard, solely for the purposes of confirming the request of a User for the User Work on the Platform, booked on hourly basis, accessing and using the contact details of the respective User, details of the User Work, including but not limited to, the nature and scope of the User Work, location of the User Work and hours requested for the Product by the respective User, for the purposes of providing Service Provider Services to the Users, and for recording the beginning and completion of the User Work or for recording phases of ‘pause’, ‘repair’ or ‘waiting charges’.

4. The Company reserves the right to restrict or refuse the access and/or usage of the Platform by the Driver, in any manner, including but not limited to, the termination of the account of the Driver on the Driver Dashboard or removal of the content associated with the Driver of a respective Service Provider or seeking the Driver Device, if provided to a registered Driver of a respective Service Provider, without providing with any reasons and without a prior notice. The Service Provider of a respective Driver understands that consequent to termination, the Driver shall not be allowed to access or use the Platform unless otherwise agreed or permitted in writing by the Company.

5. The Service Provider of a respective Driver acknowledges and agrees that the Driver Device is a personalised / customised / specially configured device for a particular registered Service Provider/Driver and the respective Driver shall not share or transfer the Driver Device and/or login details of the Driver Dashboard either on the Driver Device or any other device with any third-party, and shall keep the details of the account on the Driver Dashboard and the information of the Driver Device confidential. The Service Provider shall be solely responsible for any activity which occurs through the account on the Driver Dashboard and/or on the Driver Device and shall not hold the Company liable in this regard, for any reason whatsoever. The Service Provider undertakes the responsibility to control the dissemination and use of the Driver Dashboard and Driver Device ID and passwords associated with the account of the Driver Dashboard and Driver Device, permit, supervise and regulate entry to the account of the Driver on the Driver Dashboard and Driver Device, as the case may be. The Company does not and shall not have any obligation or culpability for any data submitted on the account on the Driver Dashboard and Driver Device or any data used or misused whether submitted, utilised, or misused by the Driver of a respective Service Provider, the Service Provider, its representatives or any third-party, whether or not acting on behalf of the Service Provider.

6. The representatives of the Company shall, on the registration of the Service Provider, install the GizmoTab Device on the registered Products of the respective Service Providers. The Service Provider acknowledges and agrees that the Company shall be responsible and liable only for the GizmoTab Device installed on the Products and not for the Products. The Service Provider shall be responsible and liable for any damage, tampering, loss and theft of the GizmoTab Device, after it has been installed on the Products of the Service Provider by the Company. The Service Provider acknowledges and agrees that the Company reserves the right to remove the GizmoTab Device from the respective Products without any prior notice to the Service Provider. The Company reserves the right, in its sole discretion, to turn off the ignition of a Product via the GizmoTab Device without providing any notice to the Service Provider and the decision of the Company shall be final and binding.

7. The Company undertakes to initiate, hold and take the Training Process of the Service Providers and the registered Drivers of the respective Service Providers, to educate, inform and familiarise the Service Providers and the Drivers with the Platform, the Services, the GizmoTab Device, the Driver Device, the Driver Dashboard, the Service Provider Dashboard, related services/software and any other query of the Service Providers and the Drivers. The Service Providers and the registered Drivers undertake to keep the Training Process and information disseminated during the Training Process confidential and to not share with any third-party.

PERFORMANCE OF SERVICE PROVIDER SERVICES

1. The Company reserves the right to (a) reject any Product offered by any Service Provider; (b) reject any Driver, associated with any Service Provider; (c) pause and/or terminate the Service Provider Service to be provided by the Driver/Service Provider to the Users; or (d) restrict the access of the Service Provider on the Service Provider Dashboard and of the Driver and/or the Service Provider on the Driver Dashboard, if in the sole discretion of the Company, the Service Provider, including the Driver, the Product, the information provided by the Service Provider and/or the Service Provider Service is not in compliance with the Terms of Use, the Privacy Policies of the Service Provider and the Driver, special terms and conditions, if any, applicable laws, rules, regulations, including but not limited to, non-payment of statutory dues and taxes, judicial/court orders/decisions, claims of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation or loss to the Company, or for any other reason.

2. Notwithstanding anything contained in the Master Service Agreement, the Service Provider has the right to change all or any of the information and/or Products and/or Drivers prior to 24 hours of starting the User Work, by providing a written notice to the Company at support@gizmotab.com. The Company shall use commercially reasonable measures/efforts to re-verify the Products and the Drivers to enable the performance of the Service Provider Services to the respective Users. The Service Provider acknowledges and agrees that the Company cannot guarantee that the Company shall be able to implement such a request of the Service Provider, particularly if the Service Provider Service is in process of completion.

3. The Platform using its Database shall display all the Products available at a particular location and at a particular time to the Users who are desirous of availing the Service Provider Services.

4. The Platform shall, upon the receipt of the payment of the Service to be availed by a User for a Product for a particular location, duration and User Work, send a confirmation request to the Drivers/Service Providers, who are closer to the destination of the User Work. In case the User wants to hire a Product on hourly basis then such a booking request of the User shall display on the Driver Dashboard and the Driver shall have a right to either accept or reject the booking request of the User. The Service Provider acknowledges and agrees that the Driver shall, within 10 minutes of receiving the confirmation request on the Driver Dashboard, either reject or accept the User request. The Company reserves the right to contact the Driver and/or the Service Provider if the Driver is not responding to the User request within a reasonable time period, as determined by the Company itself. In case, the Driver/Service Provider rejects the User request or fails to respond within 10 minutes of receipt of such a User request for three (3) User requests in a billing month then the Company reserves the right to penalise the Service Provider in accordance with Clause 15 of these Terms of Use.

5. In case, the User wants to hire the Products of a respective Service Provider on daily, monthly or yearly basis then such a User request shall be notified to the Service Provider on the Service Provider Dashboard to either accept or reject such a User request within 10 minutes of receiving such a notification of the User request. The Company reserves the right to contact the Service Provider if the Service Provider is not responding to the User request within a reasonable time period, as determined by the Company itself. In case, the Service Provider rejects the User request or fails to respond within 10 minutes of receipt of such a User request for three (3) User requests in a month then the Company reserves the right to penalise the Service Provider in accordance with Clause 15 of these Terms of Use.

6. Upon the confirmation of the booking request of a User for the User Work, the details of the User Work, contact details of the User, location of the User Work and other related information shall be displayed on the Driver Dashboard and the Service Provider Dashboard. The Driver upon reaching the location of the User Work shall send a notification on the Driver Dashboard by selecting the ‘start’ option to the Service Provider and the Company. The Driver shall have the right to ‘pause’ the Service Provider Service for the purposes of refreshment break, personal break of not more than 1 hour, and not more than 2 times during each User Work, request of the User and/or the representatives of the User, for the time period when the User Work is either on hold or is beyond the working hours at the location of the User Work. The Driver, upon the completion of the User Work, shall send a notification on the Driver Dashboard by selecting the ‘stop’ option to the Service Provider and the Company and by providing star ratings to the User and other feedback of the User or any other experience.

7. The Service Provider via its Service Provider Dashboard can also turn on, pause or turn off the Product and record the beginning or completion of the Service Provider Services.

8. The Service Provider acknowledges and agrees that the Driver/Service Provider shall stop the Service Provider Services for respective User Work before the completion of Service Provider Services only after intimating, along with reasons, the Vendor support team of the Company at 8080298029/writing to the Company at support@gizmotab.com. The Service Provider acknowledges and agrees that the Company reserves the right to impose a penalty charge on the Service Provider, in accordance with Clause 15 of these Terms of Use, if the Driver/Service Provider either stops the Service Provider Services without intimating the Company or the reasons to stop the Service Provider Services provided by the Service Provider Services are found to be unnecessary by the Company.

9. The Service Provider acknowledges and agrees that the Company, in its sole discretion, has the right to pause and/or stop the Service Provider Services, without providing any notice to the Service Provider and/or the Driver, and the decision of the Company shall be final and binding.

10. The Driver of the respective Product after 30 minutes of reaching the destination of User Work shall select the ‘waiting’ option on the Driver Dashboard if (a) the location of the User Work is not clear/correct; (b) the staff of the User is not present at the location of the User Work; and (c) there are certain execution issues, at the end of the User.

11. The Service Provider acknowledges and agrees that the User may seek to extend the time for utilising the Product at the destination of the User Work, for completion of the User Work, by contacting the Vendor support team of the Company at 8080298029/writing to the Company at support@gizmotab.com and by accessing the Platform for seeking extension of Service Provider Services. The Company shall seek a confirmation from the Service Provider if such an extension request of the User can be accepted. In case the Service Provider is not able to accept the extension request of the User, then the Company shall not penalise the Service Provide for such a rejection of the extension request of the User. Upon the confirmation from the respective Service Provider and receipt of payment from the User for the extended Service Provider Services, the details of such an extension shall be notified to the Driver and the Service Provider and the Driver shall repeat the procedure as set out in Clause 8.6 of these Terms of Use, for the reporting and notification purposes. The Service Provider acknowledges and agrees that in case the Service Provider is unable to accept the extension request of a respective User, the Company shall send a confirmation request to a different Service Provider, and the respective Service Provider shall not have any claim against the Company, in this regard.

12. Notwithstanding anything contained in Clause 23, the Service Provider, acknowledges and agrees that the Company shall not be able to display the Products of the respective Service Provider on the Platform for the following reasons and the decision of the Company shall be final and binding:
lack of information or inaccurate information provided by the Service Provider;
software or technology malfunction;
maintenance and upgradation of the Platform and any additional software used by the Company;
failure or delay due to reasons beyond the control of the Company or attributable to the third-parties for managing the Services; and
occurrence of a Force Majeure Event.
The Service Provider acknowledges and agrees that the Company shall not be held liable for the actions and/or the omissions of the Users and any other third-party.

TERRITORY

Unless otherwise specified, the access/use of Services is strictly restricted to the territory of Union of India.

FEES AND PAYMENT

1. The Parties acknowledge and agree that the payment model of the Service Provider Services, including the base fare of the Products, fee of the Drivers, mobilisation and demobilisation charges and other incidental charges, to be paid by the Company to the Service Provider shall be determined by the Company, in its sole discretion, and the decision of the Company shall be final and binding.

2. The Service Provider acknowledges and agrees that the payment for the Service Provider Service shall be made by the User at the rate determined by the Company, which may include certain discounts provided to a User, on the Platform prior to the booking request of the User is sent to the Driver/Service Provider, and the decision of the Company shall be final and binding.

3. The Company shall, unless otherwise agreed by the Parties, within seven (7) days of the receipt of the payment from the User, settle the amount due to a respective Service Provider from each User for each User Work. The Service Provider acknowledges and agrees that the transfer of payment made by the Company shall be net of the commission and Access fees (defined below) payable to the Company from the Service Provider along with sum equivalent to the relevant tax charges applicable on such commission and Access fees, subject to Clause 11 of these Terms of Use.

4. A delay in transfer of payment by the Company to the Service Provider shall not accrue any interest on the Company. The Service Provider shall bear all the additional expenses borne by the Company when carrying out the obligations set out under the Master Service Agreement or otherwise.

5. The Company shall transfer the payments to the Service Provider for the respective User Work through National Electronic Funds Transfer (NEFT) means, unless otherwise agreed upon by the Parties, to the account of the Service Provider as provided by the Service Provider while registering itself on the Platform. The transfer of payments to be made by the Company shall be in Indian Rupees, unless otherwise agreed upon by the Parties. The Service Provider shall immediately intimate the Company in case of any change in the payment information of the Service Provider.

6 . The Service Provider acknowledges and agrees that the Service Provider shall be liable to pay a sum of commission to the Company for the provision of the Services to the Service Provider, at a rate so determined by the Company and set out on the Platform. The Company shall thereby raise an invoice against the respective Service Provider for each transfer of payment, as set out in Clause 11.3 of these Terms of Use. The amount of commission payable by the Service Provider to the Company shall be exclusive of any indirect taxes which will be invoiced by the Company in addition to the commission.

7. Further, the Company presently does not levy any fee for accessing the Platform, GizmoTab Device or providing the Service Provider Services via the Platform or the Training Process. The Service Provider acknowledges and agrees that the Company reserves the right to charge certain fees for the use of the Platform, GizmoTab Device and its Services or certain features of the Platform, GizmoTab Device and its Services from the Service Providers and the Training Process. The Service Provider hereby acknowledges and agrees to pay any such fees, as and when applicable for the use of the Platform, GizmoTab Device and the Services and the Training Process. Further, the Service Provider acknowledges and agrees the right of the Company, at any time, to charge, modify or levy any fees for the use of the Platform, GizmoTab Device and its Services and the Training Process. The Company shall inform the Service Provider of the applicability and the rate of any fees for the use of the Platform, GizmoTab Device and the Services and the Training Process. The continued use of Platform, GizmoTab Device and the Services by the Service Providers and participation in a Training Process, following the posting of changes to the payment mechanism of the Platform, GizmoTab Device and the Services and the Training Process shall constitute the unconditional consent and acceptance of the respective Service Provider of those changes. The Service Provider acknowledges and agrees that the Company shall charge a fee on the use and access of the Driver Device allocated by the Company to the registered Drivers of the respective Service Providers. The Company reserves the right to modify the rate of the fee so charged for the Driver Device. The Company shall inform the Service Provider of the revised rates of fee for the Driver Device to the Service Providers. The continued use of the Driver Device, following the posting of changes to the payment mechanism of the Driver Device shall constitute the unconditional consent and acceptance of the respective Service Provider of those changes. Such fees charged for accessing the Platform, GizmoTab Device, Driver Device or providing the Service Provider Services via the Platform or the Training Process shall collectively be referred to as the “Access Fees”.

TAXES

1. The Company shall discharge all its obligations vis-à-vis the requirements prescribed under the Central Goods and Services Tax Act 2017, State Goods and Services Tax Act 2017, Integrated Goods and Services Tax Act 2017, Union Territory Goods and Services Tax Act 2017, Goods and Services Tax (Compensation to States) Act 2017, and any laws or rules made thereunder to ensure that the Service Provider can claim the credit of any taxes charged and paid by the Company. In the event, of any non-compliance by the Company which results in the Service Provider being unable to avail or utilise the credits of any taxes charged by the Company, the Company shall compensate the Service Provider to the extent of such tax and interest that the Service Provider may be required to pay due to the Company’s non-compliance to claim credit of the said taxes.

2. The invoice issued by the Company shall be in conformity with the relevant provisions of the Central Goods and Services Tax Act 2017, State Goods and Services Tax Act 2017, Integrated Goods and Services Tax Act 2017, Union Territory Goods and Services Tax Act 2017, Goods and Services Tax (Compensation to States) Act 2017 and any rules made thereunder.

REPAIR AND SUBSTITUTION OF PRODUCT/DRIVER

1. The Company understands that the Products that may be offered by the respective Service Providers, by their very nature, are subject to breakdown and/or excessive depreciation.

2. In case of a Product, which has been confirmed by the Driver/Service Provider to be utilised for the User Work but has not yet begin the User Work, has a breakdown or meets with any accident or mishap or due to any reason is unable to provide the Service Provider Services at the location of the User Work, the Service Provider has the obligation to either repair the respective Product and to continue with the respective Product or to provide for a substitute Product which is of type/quality/brand as of the original Product and should have been registered with the Company. Regardless of this, the Service Provider shall ensure that the Product should reach the location of the User Work at the specified time and the Driver shall initiate the process of Service Provider Services. The Service Provider acknowledges and agrees that the failure of the Service Provider to initiate the Service Provider Process on time at the location of the User Work shall be deemed to be a rejection of the User request and shall be penalised in the manner set forth in Clause 8.5 of these Terms of Use. The Service Provider acknowledges and agrees that the Service Provider shall be responsible and liable for any claim of the User against the repaired Product or the substitute Product and the Company shall not bear any responsibility and liability for any delay and/or any loss suffered by the User or caused to the User as a consequence of the breakdown of the Product or the substitute Product.

3. In case the Product, which has already begun the User Work, has a breakdown or for any other reasons is unable to complete the User Work then the Service Provider, subject to the discretion of the User, has the obligation to either repair the respective Product or provide a substitute Product, which is of type/quality/brand as of the original Product and has been registered with the Company. The Driver shall contact the Vendor support care at 8080298029 to notify the Company about such a breakdown. The Service Provider acknowledges and agrees that the Service Provider shall repair or provide the substitute Product within 72 hours of the breakdown of the Product. The Driver shall select the option of ‘in-repair’ on its Driver Dashboard to record that a respective Product has broken down and select the option ‘off-repair’ to record that the respective Product has been repaired, as the case maybe, and to notify the Service Provider and the Company.

4. The Service Provider acknowledges and agrees that the Company reserves the right to impose a penalty on the Service Provider, in its sole discretion, if the Service Provider is unable to repair the Product or provide for a substitute Product within the specified period of 72 hours, in accordance with Clause 15 of these Terms of Use. The Service Provider shall be notified that a penalty charge shall be imposed on the Service Product along with the rate of the penalty imposed. The Service Provider acknowledges and agrees that the Service Provider shall be responsible and liable for any claim of the User against the repaired Product or the substitute Product and the Company shall not bear any responsibility and liability for any delay and/or any loss suffered by the User or caused to the User as a consequence of the breakdown of the Product or the substitute Product.

5. Notwithstanding anything contained in Clause 12.4 above, the Service Provider acknowledges and agrees that in case the Service Provider is unable to either repair the Product or provide for a substitute Product to the User, within the specified time period or otherwise, the Company shall withdraw the User request for the Product of the respective Service Provider and send it to another Service Provider, and the decision of the Company shall be final and binding. The Service Provider acknowledges and agrees that it shall not raise any claim against the Company for such withdrawal of the User request from the Service Provider.

6. In case of a registered Driver, who has confirmed a User Work request but has not yet begin the User Work is unable to provide the Service Provider Services at the location of the User Work, the Service Provider has the obligation to provide for a substitute Driver, who has already been registered with the Company. Regardless of this, the Service Provider shall ensure that the designated or the substituted Driver should reach the location of the User Work at the specified time and the Driver shall initiate the process of Service Provider Services. The Service Provider acknowledges and agrees that the failure of the Service Provider to initiate the Service Provider Process on time at the location of the User Work shall be deemed to be a rejection of the User request and shall be penalised in the manner set forth in Clause 8.5 of these Terms of Use. The Service Provider acknowledges and agrees that the Service Provider shall be responsible and liable for any claim of the User against the substitute Driver and the Company shall not bear any responsibility and liability for any delay and/or any loss suffered by the User or caused to the User as a consequence of the non-availability of the Driver. Further, in case of a substitute Driver, the Service Provider, at its own cost, shall undertake the Training Process of the substitute Driver and shall submit the Registration Information as prescribed herein of the substitute Driver.

7. In case the Driver, who has already begun the User Work, is unable to complete the User Work, then the Service Provider, subject to the discretion of the User, has the obligation to provide a substitute Driver for the respective Product and has been registered with the Company. The Driver shall contact the Vendor support care at 8080298029 to notify the Company about such an event. The Service Provider acknowledges and agrees that the Service Provider shall provide the substitute Driver within 72 hours of the non-continuation of the User Work by the respective Driver. The Driver shall select the option of ‘in-repair’ on its Driver Dashboard to record that the respective Driver is unable to continue with the User Work and select the option ‘off-repair’ to record that a substitute Driver is available to continue with the User Work or the respective Driver shall only continue with the User Work, as the case maybe, and to notify the Service Provider and the Company. Further, in case of a substitute Driver, the Service Provider, at its own cost, shall undertake the Training Process of the substitute Driver and shall submit the Registration Information as prescribed herein of the substitute Driver.

8. The Service Provider acknowledges and agrees that the Company reserves the right to impose a penalty on the Service Provider, in its sole discretion, if the Service Provider is unable to provide for a substitute Driver within the specified period of 72 hours, in accordance with Clause 15 of these Terms of Use. The Service Provider shall be notified that a penalty charge shall be imposed on the Service Product along with the rate of the penalty imposed. The Service Provider acknowledges and agrees that the Service Provider shall be responsible and liable for any claim of the User against the substitute Driver and the Company shall not bear any responsibility and liability for any delay and/or any loss suffered by the User or caused to the User as a consequence of the substitute Driver or non-continuation of the User Work by the respective Driver.

9. Notwithstanding anything contained in Clause 12.8 above, the Service Provider acknowledges and agrees that in case the Service Provider is unable to provide for a substitute Driver to the User, within the specified time period or otherwise, the Company shall withdraw the User request for the Product of the respective Service Provider and send it to another Service Provider, and the decision of the Company shall be final and binding. The Service Provider acknowledges and agrees that it shall not raise any claim against the Company for such withdrawal of the User request from the Service Provider.

CONFIDENTIALITY

1. Subject to Clause 25 of these Terms of Use, no Party shall disclose any confidential or proprietary information of any other Party or information regarding the services rendered by the Company and the Service Provider, including the terms of these Terms of Use, login details of the Driver Dashboard and the Service Provider Dashboard, business and technological process and correspondence between the Parties regarding the provision of the Services and the Service Provider Services to the Users, technical information or know-how concerning the Platform, GizmoTab Device and Driver Device or any software or technology of the Company and any financial performance of the other Party (“Confidential information”) to any person, except (a) as this Clause 13.1 permits; or (b) as the other Party approves in writing. The Service Provider acknowledges and agrees that the above-mentioned restrictions are applicable to the Drivers of the respective Service Providers as well and the Service Provider shall bear the responsibility and liability in case of a breach or alleged breach by the Driver of a respective Service Provider of the above-mentioned restrictions.

2. The Parties may disclose, or permit the disclosure of, information which would otherwise be confidential if and to the extent it can demonstrate that:
disclosure is required by law or by any regulatory or governmental authority having applicable jurisdiction (provided that the disclosing Party shall first inform the other Party of its intention to disclose such information and take into account the reasonable comments of the other Party in relation to the timing, form and content of such disclosure);
disclosure is of Confidential Information which was lawfully in the possession of that Party (in either case as evidenced by written records) without any obligation of secrecy prior to its being received or held;
disclosure is of Confidential Information which has previously become publicly available other than through that Party’s fault; or
disclosure is required for the purpose of any arbitral or judicial proceedings arising out of the Master Service Agreement.
The Service Provider agrees and undertakes that it shall only disclose the Confidential Information to authorised persons, in relation to a party, its Drivers, affiliates and the directors, officers, employees, agents, advisers, accountants and consultants and/or of its respective affiliates, if it is reasonably required, strictly on a ‘need to know’ basis, for purposes connected with these Terms of Use and only if such authorised persons including the Drivers are informed of the confidential nature of the Confidential Information.
Each of the Party acknowledges and agrees that the restrictions contained in this Clause 13 shall continue even after the termination of the Master Service Agreement.

OWNERSHIP OF SERVICES AND INTELLECTUAL PROPERTY RIGHTS

1. The Service Provider acknowledges and agrees that the Services rendered by the Company are and shall always remain the property of the Company. The Company owns all the intellectual property rights in the Platform, GizmoTab Device and the Driver Device, along with all the technology, designs, data, information, skills, expertise, know how used to develop and maintain Platform, GizmoTab Device and the Driver Device.

2. The Company acknowledges and agrees that the Service Provider owns all the intellectual property rights in the Products and the Service Provider Services.

3. he rendering of the Services by the Company on the Platform does not constitute a transfer of ownership of any intellectual property rights comprised in the Services in any manner whatsoever. The Service Provider hereby accepts and agrees that all the rights, interests, title and all the intellectual property rights over the Platform are merely licensed to the Service Provider and to the respective Driver for access and use in accordance with the provisions of the Master Service Agreement and are not transferred or sold to the Service Provider and the respective Driver. Further, except as provided in the Master Service Agreement, the license granted to the Service Provider and the respective Driver does not entitle the Service Provider and the respective Driver of (a) any rights, interests and title and all the intellectual property rights over the Services, whether express or implied; or (b) ownership rights over the Services.

4. All content on the Platform, GizmoTab Device and the Driver Device, including graphics, text, icons, interfaces, audio clips, logos, images, reviews, comments, and software is the property of the Company and/or its content suppliers and is protected by Indian and international copyright laws and other applicable intellectual property laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Platform can only be made with the express written permission of the Company. All other trademarks, brands and copyrights other than those belonging to the Company, belong to their respective owners and are their property. The Service Provider and the respective Driver shall not modify the paper or digital copies of any materials which have been printed off or downloaded in any way on or from the Platform, and the Service Provider and the respective Driver must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5. The Service Provider and the Driver are entitled, but not obligated, to provide reviews, comments, feedback, suggestions, ideas, and other submissions, to be disclosed, submitted or offered to the Company on or through the Platform, any blog, Facebook, Twitter, LinkedIn or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with the use of the Platform or of the Services (collectively, the “Comments”) by the Service Provider and the Driver. The Company is and shall be under no obligation: (a) to maintain any Comments in confidence; (b) to pay the Service Provider and the Driver, any compensation for any Comments; and/or (c) to respond to any Comments. The Service Provider acknowledges and agrees that any Comments submitted to the Platform, inter alia, any blog, Facebook, Twitter, LinkedIn or any other such social media or networking platform or disclosed otherwise shall not violate the Master Service Agreement or any right of any third-party, including but not limited to, copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including the Company. The Service Provider further agrees that no Comments submitted to the Platform or to any third-party regarding the Company, the Platform, or the Services shall be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. The Company may not regularly review the Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. The Service Provider grants the Company the right to use the name that the Service Provider and the Driver submit in connection with any Comments. The Service Provider acknowledges and agrees that the Service Provider and the Driver shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments. The Service Provider is and shall remain solely responsible for the content of any Comments of either the Service Provider and the respective Driver and agrees to indemnify the Company for and against all claims resulting from any Comments. The Company takes no responsibility and assumes no liability for any Comments submitted by the Service Provider and the Driver or any third-party.

6. The Comments shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute a license to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments that the Service Provider and the Driver submits for any purpose whatsoever, without restriction and without compensating the Service Provider and the Driver in any way.

7. The Service Provider further accepts and agrees that:
no extracts of the Platform, GizmoTab Device and the Driver Device and/or the Master Service Agreement or part thereof shall be displayed, printed, copied, re-published, translated, transmitted or distributed by the Service Provider without obtaining prior consent of the Company;
the use of the Platform, GizmoTab Device and the Driver Device does not confer on the Service Provider and the Driver or any other party, any license or other rights under the intellectual property or other proprietary rights of the Company and/or any other third-party, whether implied or otherwise;
the Service Provider and the Driver must not use any part of the content of the Platform, GizmoTab Device and the Driver Device for commercial purposes without obtaining a written license to do so from the Company or the licensors of the Company; and
the Company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the data, services or products of the Users, Service Providers or any other third-party.

Penalty

1. Notwithstanding anything contained in the Master Service Agreement, the Service Provider acknowledges and agrees that the Company reserves the right to impose a penalty on the Service Provider for the following reasons, which is not an exhaustive list of reasons, and the Company reserves the right to amend, modify and revise the reasons for imposing a penalty charge on the Service Provider, in its sole discretion:

unnecessary delay by the Driver of a respective Service Provider in reaching the location of the User for the User Work or not reaching the location of the User for the User Work after accepting the User request, and the decision of the Company shall be final and binding;

tampering, misusing, theft or otherwise spoiling the GizmoTab Device and the Driver Device;
seeking gratuity from the User;

recording incorrect ‘start’ and ‘stop’ options at the User Work;
taking unnecessary and long breaks during the User Work and/or pausing the Service Provider Service in contravention to Clause 8.6;
misconduct or using abusive, objectionable or defamatory conduct or language for any reason whatsoever with the User and the Company;
reasons specified in Clause 8, Clause 12 and Clause 17 of these Terms of Use;
refusing to do the User Work; and
complaint by a User for any reason.

The Service Provider and the Driver shall be notified that a penalty charge shall be imposed on the Service Product along with the rate of the penalty imposed. The Company shall deduct the amount equivalent to the penalty imposed from the amount due and payable to the Service Provider for each Service Provider Service separately and shall mention the rates of such penalty separately. The Service Provider acknowledges and agrees that the decision of the Company for imposing a penalty and the determination of the penalty rate shall be final and binding.
The Service Provider acknowledges and agrees that any liability arising due to the imposition of penalty to the Service Provider which results in any loss or damage to the Service Provider and its Drivers or any third-party, shall be solely borne by the Service Providers.
The Service Provider acknowledges and agrees that the Company reserves the right to suspend/terminate the Master Service Agreement for the reasons set forth in Clause 15, in accordance with Clause 23 of these Terms of Use, and otherwise to take any action, legal or otherwise against the Service Provider and/or the Driver for reasons set forth in Clause 15 of these Terms of Use.

Representations and warranties

1. Each Party represents and warrants that:
It is duly organised and validly existing under the laws of its jurisdiction and has full corporate power and is in compliance with all the applicable laws of its jurisdiction, including but not limited to, the laws regarding anti-corruption or anti-bribery, and authority to enter into the Master Service Agreement and to perform its obligations hereunder.

The execution of the Master Service Agreement has been duly authorised by all necessary corporate actions of the respective Parties and has been validly executed by a duly authorised representative of the respective Party. The Master Service Agreement constitutes a legal, valid and binding obligation on both the Parties and enforceable against it, in accordance with its terms.

The execution and implementation of the Master Service Agreement or compliance with its terms by the Parties will not conflict with or result in a material breach of any of the terms, conditions or provisions of, or constitute a default or require any consent under any (a) agreement or other instrument it has executed or by which it is bound; (b) violate any of the terms and provisions of its organisation documents or any judgment, decree or order or any statute, rule or regulation applicable to it; or (c) any applicable laws.

No action has been taken against the Parties that affects the ability of the Party to perform its obligations under the Master Service Agreement.

No bankruptcy or insolvency order has been made in the name of the respective Party. No liquidator, provisional liquidator, receiver or administrative receiver of the respective Party has been appointed and no proceedings have been filed under which such a person might be appointed.
The Service Provider further represents and warrants that:
The use of the Platform and the Services sought by the Service Provider is for lawful purposes only.

The Service Provider has all necessary rights, licenses, and clearances to enter into the Master Service Agreement, to grant the rights granted herein, and to use the information of the Service Provider, its Products and its Drivers as specified herein, in compliance with all the applicable laws and regulations, including but not limited to the intellectual property rights compliance.

The information provided by the Service Provider and the Driver, is valid, true, correct, accurate, not misleading, offensive, derogatory and not in violation of any, inter alia, third-party agreements, laws, charter documents, judgments, orders and decrees.

The representative of the Service Provider is duly authorised by the business entity to accept the Master Service Agreement and has the authority to bind that business entity to the Master Service Agreement.

The Service Provider and the Driver shall behave with good conduct and shall not use abusive, objectionable or defamatory conduct or language for any reason whatsoever.

All the payment and business-related information of the Service Provider is valid, true and correct.

The Registration Information and the documents provided by the Service Provider in relation to the business, ownership, registration and otherwise of the Service Provider itself, its registered Drivers and registered Products are in compliance with the applicable law, including but not limited to the Motor Vehicles Act 1988, as amended, and the rules made thereunder.

The Service Provider shall not access or use or assist any other person to access or use the Platform, the GizmoTab Device and the Driver Device or the Services provided by the Company for the following purposes:
any unauthorised use, including but not limited to, any usage of the content provided on Platform, the GizmoTab Device and the Driver Device, not in conformity with the rights granted with respect to the same, may violate third-party intellectual property rights as well as the laws of privacy;
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
breaching any applicable laws;
taking any action that imposes or may impose an unreasonable or disproportionately large load on the Platform;
using or attempting to use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, robots, avatars or intelligent agents) to manipulate the Platform, the GizmoTab Device and the Driver Device or reverse engineer the Platform, the GizmoTab Device and the Driver Device by copying, modifying, decompiling or dissembling;
linking to, mirroring or framing any portion of the Services;
causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

(viii)removing any copyright, trademark or other proprietary notices from any portion of the Platform, the GizmoTab Device and the Driver Device;

transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature to the Platform, the GizmoTab Device and the Driver Device;
gaining or attempting to gain unauthorised access to any part or feature of the Platform, the GizmoTab Device and the Driver Device or any other systems or networks connected to the Platform, the GizmoTab Device and the Driver Device or to any server, computer, network, by hacking or any other illegitimate means; and
any act or omission that shall constitute an offence or abetment of an offence under applicable law, including but not limited to the Information Technology Act 2000 or the Indian Penal Code 1860.
The Company further represents and warrants that it has all the necessary rights and powers to enter into the Master Service Agreement and to grant the rights herein to the Service Provider and the Driver. THE ABOVE-MENTIONED REPRESENTATIONS AND WARRANTIES ARE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE BY THE COMPANY. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR, AS TO ANY DATA SEGMENTS PROVIDED, ACCURACY, COMPLETENESS, OR CORRECTNESS.

Obligations of the service providers

1. The Service Provider shall ensure that the information and the documents furnished by the Service Provider and the Driver during the process of registration of the Service Provider is true, valid, accurate and not misleading. The Service Provider acknowledges and agrees that the Service Provider shall bear all the responsibility and liability for any claims by the User or any third-party against the Service Provider and the Driver regarding the information and the documents of the Service Provider and the Driver and the Company shall not be held responsible and liable in this regard.

2. The Service Provider acknowledges and agrees that the Company shall not be held responsible and liable for verification of the Registration Information of the Service Provider and the Driver, and that the Company shall assume the Registration Information provided by the Service Provider about the Service Provider, its Products and its Drivers to be to true, correct, valid and accurate.

3.    The Service Provider shall ensure that the Products as well as the Drivers of the respective Service Provider are covered within a comprehensive insurance policy to cover any accident, mishap or damage to the Product, the Driver and the User. The Service Provider acknowledges and agrees that the Service Provider shall bear all the responsibility and liability for any claims by the User or any third-party in this regard.

4. The Service Provider shall ensure that the Driver has a functioning mobile number and also is capable of, inter alia, (a) reading the notifications on the Driver Dashboard; (b) contacting the User and the Vendor support of the Company; (c) understanding the booking request of the User, information of the User Work and related information; (d) understanding time, distance and using maps; and (e) and to convey customer feedback. The Service Provider acknowledges and agrees that in case the Driver is using the device provided by the Service Provider for the Driver Dashboard and for the purposes of the Master Service Agreement, the Company shall not be held responsible and liable for any action/omission of the Driver and the device provided by the Service Provider in place of the Driver Device.

5. The Service Provider shall inform the Company immediately in case the GizmoTab Device and/or the Driver Device has been tampered, lost, pilfered or damaged for any reason whatsoever. The Company reserves the right to impose a penalty on the Service Provider in this regard in accordance with Clause 15 of these Terms of Use.

6. The Service Provider acknowledges and agrees that the Service Provider shall be responsible and liable for all the actions, omissions and the deliverables of its Driver and the Company shall not bear any responsibility and liability for any actions/omissions/deliverables of the Driver. The Service Provider acknowledges and agrees that the Service Provider shall be solely liable for any damage, loss, accident or any incident otherwise caused by the Driver or for all damage, loss, accident or any incident otherwise which affects, impacts or harms otherwise the Driver. The Service Provider acknowledges and agrees that there is no relationship between the Company and the Driver and the actions, omissions and the deliverables of the Driver shall be deemed to be the actions, omissions and deliverables of the Service Provider itself.

7. The Service Provider acknowledges and agrees that the Company shall not bear any responsibility and liability for the Service Provider Services including the deficiency in the Service Provider Services and non-provision or insufficient provision of the Service Provider Services to the User. The Service Provider shall bear all the responsibility and liability in relation to the Service Provider Services as a whole against any claim raised by the User or any third-party.

8. The Service Provider shall solely bear all responsibility and liability in relation to the Products of the Service Provider, including but not limited to, the description, merchantability, title, fitness, warranty, damages and delivery of the Products and the Company shall have no responsibility and liability for any claim raised by the User of any third-party in this regard.
The Service Provider acknowledges and agrees that the images and pictorial representations of the Products on the Platform may be enhanced for advertising purposes.

9. The Service Provider acknowledges and agrees that the Company has taken reasonable care to ensure the accuracy of the Services and pricing information on the Platform. In the event, there is any error in the pricing of the Services or typographical error on the availability and Services information, the Company shall not be held responsible and liable for any loss, damage or otherwise to the Service Provider or any third-party in this regard.

10. The Service Provider unconditionally undertakes that the Service Provider and the Driver shall use the Platform, the GizmoTab Device and the Driver Device only for lawful purposes. Any fraudulent use of the Platform, the GizmoTab Device and the Driver Device or otherwise, which causes any monetary loss to the Company as a result of the action/inaction of the Service Provider and the Driver shall be recovered from the Service Provider. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against the Service Provider for the fraudulent use of the Platform, the GizmoTab Device and the Driver Device or for any other unlawful act or omission in breach of the Master Service Agreement.

11. When the Service Provider and the Driver uses the Platform, the Service Provider Dashboard and the Driver Device to communicate to the Company, the Service Provider understands and agrees that the Service Provider is communicating with the Company through electronic records.

12. The Service Provider agrees to receive communications, including periodic newsletters via electronic records by the Company, as and when required. The Service Provider agrees that all agreements, notices, disclosures and other communications that the Company provides to the Service Provider electronically satisfy any legal requirement that is required of such communication in writing. The Service Provider undertakes to maintain the registered e-mail address and mobile number for all communications with the Company. If the Company is desirous of communicating with the Service Provider, the Company shall send it to the e-mail address and the mobile number provided and updated by the Service Provider and it shall be deemed to have been received by the Service Provider once it is reflected as sent in the outbox of the e-mail ID/mobile phone of the Company. 

13. The Service Provider agrees to use the Platform, the GizmoTab Device and the Driver Device and enter into a transaction to provide the Service Provider Services to the User at its sole risk and that to the fullest extent permitted under applicable law. The Service Provider agrees to waive, any legal or equitable rights or remedies that the Service Provider may have against the Company in relation to the Platform, the GizmoTab Device and the Driver Device and the content that may be deemed inaccurate, offensive, indecent, or objectionable to the Service Provider.

ELECTRONIC COMMUNICATIONS

When You send e-mails to Us, You understand and agree that You are communicating with Us through electronic records. You agree to receive communications, including periodic newsletters, via electronic records by Us, as and when required. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that is required of such communication in writing. You undertake to maintain Your e-mail address for all communications with Us. If We are desirous of communicating with You, We shall send it to the e-mail address provided and updated by You and it shall be deemed to have been received by You once it is reflected as sent in the outbox of Our e-mail ID.

Indemnity

1. By accessing this Platform, the Service Provider acknowledges and agrees to defend, save, indemnify and hold harmless the Company, and its affiliates, employees, directors, officers, consultants, agents and successors-in-interest and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the actions or inactions of the Service Provider and the Driver, which may result (a) in any loss or liability to the Company, the User or any third-party, including but not limited to breach or alleged breach of any warranties, representations or undertakings; or (b) in relation to any information provided by the Service Provider while accessing and using the Platform, the GizmoTab Device and the Driver Device; or (c) in relation to the non-fulfilment of any of the obligations under the Master Service Agreement; or (d) arising out of the violation of any applicable laws, regulations, including but not limited to infringement of intellectual property rights, non-payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation or loss; or (e) otherwise.

2. The Company acknowledges and agrees to defend, save, indemnify and hold harmless the Service Provider and its Drivers, affiliates, employees, directors, officers, consultants and agents from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims arising out of and/or directly and exclusively attributable to the actions or inactions of the Company, which may result in (a) in any loss or liability to the Service Provider or any third-party, including but not limited to, breach or alleged breach of any warranties, representations or undertakings; or (b) a claim that the Platform, GizmoTab Device and the Driver Device, only to the context of the usage of Platform, the GizmoTab Device and the Driver Device for each and specific User request but, not in whole, violates or is in violation of a third-part intellectual property rights.

Disclaimers

1. THE SERVICE PROVIDER ACKNOWLEDGES AND AGREES THAT THE PLATFORM, THE SERVICE PROVIDER DASHBOARD AND THE DRIVER DASHBOARD MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

2. DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES INCLUDING BUT NOT LIMITED TO OTHER SERVICE PROVIDERS, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON PLATFORM, INCLUDING THE DATA OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, THE COMPANY DOES NOT REPRESENT THAT THE INFORMATION POSTED/PROVIDED ON THE PLATFORM IS CORRECT AND ACCURATE IN EVERY CASE.

3. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, CORRECTNESS AND/OR RELEVANCY OF THE INFORMATION PROVIDED ON THE PLATFORM AND THE SERVICES. SUCH INFORMATION MAY NOT BE EXHAUSTIVE OR COMPREHENSIVE.

4 THE COMPANY DOES NOT GUARANTEE THE ACCURACY, CORRECTNESS AND/OR RELEVANCY OF THE INFORMATION PROVIDED ON THE PLATFORM AND BY THE USERS, INCLUDING BUT NOT LIMITED TO, INCORRECT DETAILS OF THE USER WORK, INCORRECT DETAILS OF THE LOCATION, INCORRECT CONTACT DETAILS, ANY USER’S NON-COMPLIANCE WITH THE SERVICES OFFERED BY THE COMPANY, WHICH, INTER ALIA, ANY INCORRECTLY PLACED VOICE INSTRUCTION, MALFUNCTION, PARTIAL OR TOTAL FAILURE OF ANY NETWORK TERMINAL, DATA PROCESSING SYSTEM, COMPUTER TELE-TRANSMISSION OR TELECOMMUNICATION SYSTEM OR OTHER CIRCUMSTANCES WHETHER OR NOT BEYOND THE CONTROL OF THE COMPANY.

5. THE SERVICE PROVIDER ACKNOWLEDGES AND AGREES THAT THE PLATFORM IS A WEB-BASED SOLUTION AND THE COMPANY CANNOT BE HELD LIABLE OR RESPONSIBLE FOR THE INABILITY OF THE SERVICE PROVIDER AND THE DRIVER TO ACCESS THE PLATFORM, GIZMOTAB DEVICE AND THE DRIVER DEVICE FOR ANY REASONS NOT ATTRIBUTABLE TO THE COMPANY. THE SERVICE PROVIDER ALSO ACKNOWLEDGES AND AGREES THAT THE UPTIME OF THE PLATFORM DEPENDS ON MULTIPLE FACTORS AND MULTIPLE INTERNET ACCESS SERVICE PROVIDERS AND THAT THE MOST OF THESE FACTORS IMPACTING THE UPTIME OF THE PLATFORM WHICH ARE BEYOND THE REASONABLE CONTROL OF THE COMPANY.

6. THE COMPANY MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. IN NO EVENT, SHALL THE COMPANY BE LIABLE TO THE SERVICE PROVIDER OR ANY THIRD-PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

7. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND/OR ITS EMPLOYEES MAKES NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON.

8. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORISED USE OF CREDIT/ DEBIT CARDS/BANKING METHODS.

9. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S SERVICES.

LIMITATION OF LIABILITY

1. THE COMPANY SHALL NOT BE LIABLE TO THE SERVICE PROVIDER AND/OR THE DRIVER OR ANYONE ELSE FOR ANY LOSSES, DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF REPUTATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) OR INJURY ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM OR THE INFORMATION PROVIDED ON THE PLATFORM, SERVICE PROVIDER DASHBOARD OR THE DRIVER DASHBOARD OR SERVICE PROVIDER. IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS/SUB-CONTRACTORS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUB-CONTACTORS OR AFFILIATES (“REPRESENTATIVES”) BE LIABLE TO THE SERVICE PROVIDER OR ANY THIRD-PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY RELIANCE ON THE CONTENT CONTAINED HEREIN.

2. IN NO EVENT SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF REPUTATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE EXECUTION, PERFORMANCE OR BREACH OF MASTER SERVICE AGREEMENT, THE PLATFORM, THE GIZMOTAB DEVICE, THE DRIVER DEVICE, SERVICES OR CONTENT OR THE USE OF OR INABILITY TO USE ANY PRODUCT OR SERVICE OR CONTENT ON THE PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE COMPANY’S AGGREGATE LIABILITY TO THE SERVICE PROVIDER UNDER THE MASTER SERVICE AGREEMENT, FROM ALL CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR ACCRUED BY THE COMPANY TO THE SERVICE PROVIDER FOR A SPECIFIC USER REQUEST UNDER THE MASTER SERVICE AGREEMENT DURING THE THREE (3) MONTHS OR INDIAN RUPEES TEN THOUSAND, WHICHEVER IS LOWER, PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

THIRD PARTY CONTENT / LINKS

The Platform links to other websites/applications, which may collect personally identifiable information about You or render assistance to the Company for provision of the Services. The Company is not and will not be responsible for the privacy practices or the content of those linked websites. Company is not responsible for any form of transmission, whatsoever, received by You from any third-party platform. We do not endorse or make any representations about third party websites or services. You choose to provide to or that is collected by these third parties. Under no circumstances shall We be deemed to control or guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, cookies, messages or other materials available on such platforms. We strongly encourage you to read such third parties’ privacy policies and terms of use.

Termination

1. The Master Service Agreement shall continue to remain effective until terminated by either the Company or You in accordance with the manner as provided below.

2 If You wish to terminate the Master Service Agreement with the Company, You may do so by writing to us at support@gizmotab.com. The Service Provider acknowledges and agrees that the Company has the right to reject the request of the Service Provider to terminate the Master Service Agreement. In case the request of the Service Provider to terminate the Master Service Agreement has been accepted by the Company, the Company shall take reasonable measures to settle the balance due to the Service Provider within seven (7) days of the acceptance of the request of the Service Provider to terminate the Master Service Agreement. The Service Provider acknowledges and agrees that the Service Provider along with its registered Drivers shall be under an obligation to perform the Service Provider Services in the manner compliant to the provisions of the Master Service Agreement, in case the request of the Service Provider to terminate the Master Service Agreement has been rejected by the Company.

3 We have the right to terminate the Terms of Use by either (a) giving a 15 days written notice to the other Party; or (b) in the event of a material breach of the Master Service Agreement, failure of the breaching Party to remedy the material breach within seven (7) days of receipt of a notice of the occurrence of a material breach by the other Party. In addition to this and Clause 8.12, the Company also has the right to terminate the Master Service Agreement or restrict or suspend or terminate the access of the Service Provider and the Driver of the Platform or the provision of Services or removing the GizmoTab Device and/or the Driver Device, at any time if (a) the Service Provider and/or the Driver is not in compliance with the Master Service Agreement; (b) there are reasonable grounds to believe that the Service Provider and/or the Driver has breached the provisions of the Master Service Agreement; (c) the Service Provider and the Driver, is attempting or has attempted to access or use the Service, the Platform, the GizmoTab Device and the Driver Device in an unauthorised manner, including but not limited to, infringement of intellectual property rights of the Company or any third-party, claims of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation; (d) it is for legal purposes or requirements or to comply with applicable laws/order of any law enforcement authorities or governmental authorities; (e) the contractual relationship between the Company and the Service Provider is not commercially viable, in the opinion of the Company; (f) the Products and the Drivers of the respective Service Provider are not in compliance with applicable law and regulations; or (g) for any other reason.

4. In case of the termination of the Master Service Agreement, the Service Provider shall be under an obligation to return the Driver Device, GizmoTab Device and any information or material provided by the Company in relation to the Master Service Agreement to the Company within 48 hours of the termination of the Master Service Agreement. The Company shall settle the balance due to the Service Provider within seven (7) days of the termination of the Master Service Agreement.

5. This Clause 23, Clause 16 (Representations and Warranties), Clause 13 (Confidentiality), Clause 14 (Ownership of Services and Intellectual Property Rights), Clause 19 (Indemnity), Clause 20 (Disclaimers), Clause 21 (Limitation of Liability) and Clause 25 (Governing Law and Jurisdiction) shall survive the termination of the Master Service Agreement.

FORCE MAJEURE

Notwithstanding anything contained in the Master Service Agreement or elsewhere, the Parties shall not be held responsible for any of the obligations under the Master Service Agreement due to reasons beyond the control of the Parties which are attributable to a Force Majeure Event. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of the Parties and shall include without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, technical snags, unauthorised access to computer data and storage device, technical snags and breach of security and encryption.

Governing Law and Jurisdiction

1. The Master Service Agreement shall be governed, construed and interpreted in accordance with the applicable laws of India and the courts at Jaipur, Rajasthan shall have the sole and exclusive jurisdiction to entertain any disputes that may arise hereunder, subject to the dispute resolution mechanism in the succeeding paragraph.

2. In the event, the Parties are unable to resolve any dispute amicably, such dispute shall be submitted to final and binding arbitration at the request of either of the Parties upon written notice to that effect to the other. Such arbitration shall be in accordance with the Arbitration and Conciliation Act 1996, as amended, and shall be held at Jaipur, Rajasthan. All proceedings of such arbitration shall be in the English language. The arbitration shall be conducted by a sole arbitrator to be appointed in accordance with the provisions of the Arbitration and Conciliation Act 1996, as amended. If the Parties are unable to mutually agree upon the sole arbitrator within 30 days from the date a Party raised a dispute, the arbitration panel shall consist of three (3) arbitrators, with the Company and the Service Provider entitled to appoint one (1) arbitrator each and the two (2) arbitrators so appointed shall appoint the third arbitrator.

RELATIONSHIP BETWEEN the company AND THE service provider, Including the driver of the respective service provider

The Master Service Agreement does not create a relationship of employment, agency or partnership between the Company and the Service Provider, including the Driver of the respective Service Provider. The Company nor the Service Provider, including the Driver of the respective Service Provider, has any authority to act for or to bind the other Party. The Service Provider accepts and agrees that there is no exclusive relationship between the Company and the Service Provider, including the Driver of the respective Service Provider, and that the Company is entitled to enter into similar relationships/arrangement with other persons/entities.

ASSIGNMENT

1. The Service Provider acknowledges and agrees that the rights/obligations under the Master Service Agreement to access and use the Platform for the provision of the Service Provider Services to the Users or any other right/obligation under the Master Service Agreement are non-assignable and non-transferable to any third-party and any such assignment or transfer or purported assignment or transfer shall be unlawful.

2. The Company reserves the right to freely assign and transfer its rights/obligations under the Master Service Agreement and any other related right/obligation to any third-party without seeking any prior consent of the Service Provider.

ENTIRE AGREEMENT

1. If any part of the Master Service Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Master Service Agreement shall continue in effect.

2. Unless otherwise specified herein, the Master Service Agreement, including these Terms of Use and the Privacy Policies of Vendor and Driver constitute the entire agreement between the Company and the Service Provider in respect of the provision of the Services and supersedes any and all prior or agreements or understandings, written or oral, relating to its subject matter between the Parties.

AMENDMENTS TO THE MASTER SERVICE AGREEment and Services

1. THE MASTER SERVICE AGREEMENT, INCLUDING THESE TERMS OF USE, ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. THE COMPANY RESERVES THE RIGHT TO UPDATE, MODIFY AND AMEND ANY TERMS OF THE MASTER SERVICE AGREEMENT FROM TIME TO TIME TO REFLECT CHANGES IN THE LAW, THE FEATURES OF THE SERVICES, ADVANCES IN TECHNOLOGY OF THE PLATFORM AND OTHERWISE.

2. In the event of any such modification of or amendment to the Master Service Agreement, the latest revised version of the Master Service Agreement shall be uploaded on the Platform and shall become effective from the time of posting. Please review the changes carefully. We shall not be liable for any failure or negligence on Your part to review the updated Master Service Agreement before accessing or availing the Platform for availing the Services. Your continued use of Platform or use of the Services, following the posting of changes to the Master Service Agreement will constitute Your unconditional consent and acceptance of those changes.

3. The Company reserves the right to modify the Platform, the GizmoTab Device, the Driver Device or the Services that are rendered or to discontinue to render of the Services or to discontinue the operations of the Platform. The Company shall take reasonable methods to inform the Service Provider of such modifications and amendments. The Service Provider accepts and agrees that the Company is not liable to the Service Provider or any third-party for such modifications to the Platform, the GizmoTab Device, the Driver Device and its Services and discontinuation of the Platform, the GizmoTab Device, the Driver Device and its Services.

WAIVER

The failure or delay of the Party at any time to require performance of any obligation under the Master Service Agreement is not a waiver of that Party’s right: (a) to claim damages for breach of that obligation; and (b) at any other time to require performance of that or any other obligation under the Master Service Agreement, unless written notice to that effect is given by the Party purporting to make such waiver. Any such waiver shall be limited to the specific breach waived. Any waiver or acquiescence by any Party of any breach of any of the provisions of the Master Service Agreement shall not be construed as a waiver or acquiescence of any right under or arising out of the Master Service Agreement, or of the subsequent breach, or acquiescence to or recognition of rights other than as expressly stipulated in the Master Service Agreement. No waiver of any of the terms or conditions hereof shall be valid or binding unless made in writing and duly executed by or on behalf of the Parties. The failure of the Company to act with respect to a breach by the Service Provider, or others does not waive the right of the Company to act with respect to subsequent or similar breaches.

CONTACT US

Please contact Us (through “Contact Us” link) regarding any questions regarding (a) the Master Service Agreement; (b) practices of this Platform; (c) Your dealings with this Platform; or (d) Services provided by the Platform. Further, please contact the following designated grievance officer in accordance with Information Technology Act 2000 for complaints/queries/clarifications:

Name: Mr. Gaurav Suneel Sanghi
Contact Details: 9022042204







MOVAI TECHNOLOGIES PRIVATE LIMITED | Privacy policy of vendor


Movai Technologies Private Limited, a company registered under the Companies Act 2013, having Corporate Identity Number: U72200RJ2016PTC056351, and having its registered office at Golcha Garden Agra Road Jaipur, Rajasthan, 302 003 India, owns, manages and operates this platform under the brand name “GizmoTab” (hereinafter referred as “Company”, “We”, “Us” or “Our”).

We respect the privacy of the data and information of the Service Providers/Vendors who are accessing and using the Platform to make available their Products and the Service Provider Services for the ultimate Users through our website(s), mobile application(s) and other online platform(s) (collectively, Our "Platform/GizmoTab App") and otherwise doing business with Us and we are committed to protecting it through Our compliance with this Privacy Policy. This Privacy Policy describes:

1. the types of information that We may collect from You when You access or use Our Platform; and
2. Our practices for collecting, using, maintaining, protecting and disclosing that collected information.

For the purposes of this Privacy Policy, the term “Service Provider/Vendor” and wherever the context so requires “You”, “Your”, “Yourself” shall mean any natural or legal person who accesses or uses the Platform, either as a visitor or user of the Platform, and includes an earthmover operator or a construction operator or a commercial vehicle operator, who owns and provides various construction equipment vehicles, earth moving machineries, equipments, vehicles, including but not limited to excavators, road rollers, loaders, graders, rail track building machineries, compact excavators, telescopic loaders, earth diggers, machines, trench digger machines and industrial dozers and related products and services (“Products”), for making available their registered Products and drivers, who shall be operating the Product, and means to include such persons, who have been appointed, employed and trained by the Service Providers to drive and use the Products, on behalf of the Service Providers, subject to holding of all necessary permits and licenses to own, use and drive the Products within the territory of India (“Driver(s)”), to the User via the Platform and for providing other related services to the Users to complete the User Work assigned at the destination of the User (“Service Provider Service”), and in the event that a natural person is representing a business entity, body corporate, reference to such terms shall include a reference to such business entity, body corporate as well. In the event, You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent to this Privacy Policy, and such entity agrees to be bound by the terms hereunder.

SCOPE AND APPLICATION

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND US.

THIS PRIVACY POLICY IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES 2011 MADE UNDER INFORMATION TECHNOLOGY ACT 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

GIZMOTAB WHILE ACTING AS AN ‘ON-DEMAND EARTH MOVING EQUIPMENT MARKETPLACE’ COLLECTS SUBSTANTIAL INFORMATION REGARDING (A) THE PRODUCTS AND RELATED PRODUCTS AND SERVICES OF THE REGISTERED SERVICE PROVIDERS; AND (B) PLURALITY OF THE REGISTERED SERVICE PROVIDERS IN THE MARKET, AND MAKE SUCH REGISTERED SERVICE PROVIDERS AND THE PRODUCTS AVAILABLE ON THE PLATFORM TO ENABLE THE USER TO ACCESS AND COMPARE THE RANGE OF PRODUCTS AVAILABLE IN THE MARKET IN ORDER TO MAKE THE DECISION TO HIRE THE PRODUCTS EASIER, EFFICIENT AND IN AN ORGANISED MANNER FOR THEIR OWN BUSINESS AND COMMERCIAL PURPOSES AND PERSONAL PURPOSES (“USERS”), INCLUDING BUT NOT LIMITED TO FOR CONSTRUCTION, EARTH MOVING, MATERIAL HANDLING, EXCAVATION, DEMOLITION, WASTE MANAGEMENT, TUNNELLING, PUBLIC WORKS AND OIL AND GAS (“USER WORK”), COLLECTIVELY THE “SERVICES” PROVIDED BY THE COMPANY (FOR MORE INFORMATION ON THE SERVICES PROVIDED BY GIZMOTAB, PLEASE ACCESS THE HOMEPAGE OF GIZMOTAB APP ON http://www.gizmotab.com). THIS PRIVACY POLICY IS APPLICABLE ONLY TO THE SERVICE PROVIDERS WHO ARE ACCESSING AND USING THE SERVICES PROVIDED BY GIZMOTAB IN INDIA ONLY TO PROVIDE THE SERVICE PROVIDER SERVICES TO THE USERS.

FURTHER, THIS PRIVACY POLICY IS NOT APPLICABLE TO THE INFORMATION WE COLLECT FROM OR ABOUT THE USERS, WHO USE THE SERVICES PROVIDED BY THE COMPANY TO HIRE THE PRODUCTS OF REGISTERED SERVICE PROVIDER FOR THEIR OWN USE, OR DRIVERS OF A REGISTERED SERVICE PROVIDER OR ANY OTHER PERSON WHO USES GIZMOTAB APP. IF YOU USE GIZMOTAB APP AS BOTH A SERVICE PROVIDER AND A USER OR A DRIVER THEN THE RESPECTIVE PRIVACY POLICIES OF THE USER AND THE DRIVER, SHALL APPLY TO YOU DEPENDING UPON YOUR USAGE OF GIZMOTAB APP.

YOUR ACKNOWLEDGMENT AND CONSENT

By visiting this Platform, You agree to be bound by the terms and conditions of this Privacy Policy. If You do not agree please do not use or access Our Platform.

By mere use of the Platform, You expressly and unconditionally agree to the terms and conditions of this Privacy Policy and consent to usage, storage and handling of the information submitted by You in accordance with the terms contained hereunder. This Privacy Policy is in addition to the Terms of Use for the Service Provider, the Service Order, the Privacy Policy of the respective Driver and other incidental policies any other agreements entered into between Us and You, collectively referred to as the “Master Service Agreement”.

This Privacy Policy applies to information We collect through Our Platform, in email, mobile text and other electronic communications sent through or in connection therewith and the information that You share with the respective Driver and the Users or in connection therewith (collectively “Vendor Information”). When You submit Vendor Information on the Platform, it shall be deemed that You have granted Us the right to collect, store, process, handle and use such Vendor Information, in accordance with this Privacy Policy as amended from time to time.

This Privacy Policy DOES NOT apply to information that You provide to, or that is collected by, any third-party such as other Service Providers, respective Drivers or Users to whom You may avail services or provide services, independently or beyond the Services provided by GizmoTab, and/or pay and social networks that You use in connection with Our Services. We encourage You to consult directly with such third-parties about their privacy policies and practices.

Please read this Privacy Policy carefully to understand Our policies and practices regarding Your information and how We will treat it.

INFORMATION WHICH ARE COLLECTED BY US

1. We collect various types of information from and about the Service Providers of Our Platform, including information:
2. that can be used to uniquely identify or contact a person and/or the business entity that a person represents; and/or
3. regarding Your internet connection, the equipment You use to access Our Platform and Your usage details, which are non-personal information that does not uniquely identify or contact a person and/or the business entity that a person represents.

We may treat personal information and non-personal information differently in accordance with this Privacy Policy.

We collect this information:

1. directly or indirectly from You when You provide it to us; and/or
2. as You navigate through Our Platform (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies).

We may store Your information in physical form along with the electronic form. We may enter into agreements with third-parties to store or process Your information. Contractual obligations bind these third-parties to keep Your personal information confidential and use it only for the purposes for which We disclose it to them.

Information You provide to Us

The information We collect on or through Our Platform shall include inter alia:

1. Your full name, address, email address, telephone number, date of birth and bank or payment card details and any proof of Your identity and/or address, postal code, profile picture, password and other information that You may provide with Your account (but not including account holder, account name, account number, online banking PIN, transaction authentication number and password, available balance and transaction history of Your bank account), tax certificates or any other income documents as necessary by Us, such as Your gender, mobile phone number and website and all other information, You may provide Us through third-party sign-in services such as social media services, commercially available sources and business partners. In such events/cases, We fetch and store whatever information is made available to Us by You through these sign-in services;

2. Details of Your Product number, Product registration, the driving license information of Your Driver, insurance information, registration information as prescribed under the Terms of Use and other information incidental to Your accessing the Platform either by just visiting the Platform or after registering with the Platform to provide the Service Provider Services;

3. Your preferences including settings such as time zone and language;

4. Details of internet banking or other payment mechanism used by You for transactions;

5. Details of Your visits to Platform, including but not limited to types of communication or network access devices, location data, web logs and other communication data;

6. Information provided, uploaded, shared by You through Our Platform, including inter alia Your PAN details, TAN details, details of incorporation, government and business-related approvals/consents/licenses, tax certificates, invoices, reviews, photographs, comments, lists, followers, the users You follow, current and prior purchase or browsing details, contact or notification information, and other information in Your account profile;

7. Your search details such as search terms You have looked up and results You selected;

8. Your browsing details including time, frequency, features used, etc by You;

9. Communications between You and other Service Providers, respective Drivers or the Users through Our Platform;

10. Your participation in a survey, poll, sweepstakes, contest or promotion scheme; Your request for certain features (eg, newsletters, updates or other products/services);

11. If You avail any Services through Our Platform, We may collect and store information about You to process Your requests and automatically complete forms for future transactions, including but not limited to Your phone number, address, email, billing information and payment information. This information may be shared with third-parties which assist in processing and fulfilling Your requests, including PCI compliant payment gateway processors, card associations, payment aggregators and other payment banks. If You write reviews about businesses/services with which You conduct transactions through Our Platform, We may publicly display information that You transacted with those businesses/services;

12. The information provided by You (such as Your ratings, reviews, reviews, comments, feedback, suggestions, ideas, and other submissions, to be disclosed, submitted or offered to the Company on or through the Platform, any blog, Facebook, Twitter, LinkedIn or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with Your use of the Platform or availing of the Services) to be published or displayed on publicly accessible areas of Our Platform, or transmitted to other Service Providers or Users of Our Platform or third-parties (collectively, "Comments"). Your Comments are posted on and transmitted to others at Your own risk. Although We limit access to certain pages, You may set certain privacy settings for such information through Your account profile. PLEASE BE AWARE THAT NO SECURITY/DATA PROTECTION MEASURES ARE PERFECT OR IMPENETRABLE. ADDITIONALLY, WE CANNOT CONTROL THE ACTIONS OF USERS OR DRIVERS OR OTHER SERVICE PROVIDERS OF OUR PLATFORM WITH WHOM YOU MAY CHOOSE TO SHARE YOUR VENDOR CONTRIBUTIONS. THEREFORE, WE CANNOT AND DO NOT GUARANTEE THAT YOUR COMMENTS WILL NOT BE VIEWED BY UNAUTHORISED PERSONS. We may display this information on Our Platform, share it with businesses, and further distribute it to a wider audience through third-party sites and services. You should be careful about revealing any sensitive details about Yourself in such postings; and

13. Information collected through cookies.

Where possible, We indicate which fields are mandatory and which fields are optional to be filled on Our Platform. You always have the option to not provide information by choosing not to submit particular information or feature on the Platform.

BY USING THE PLATFORM, YOU CONSENT TO THE COLLECTION, STORAGE, USE AND DISCLOSURE OF THE VENDOR INFORMATION THAT YOU PROVIDE FOR ANY OF THE SERVICES THAT WE OFFER, AND YOU CONSENT TO OUR COLLECTION OF ANY CHANGES OR UPDATES THAT YOU MAY PROVIDE TO THE VENDOR INFORMATION. WE COLLECT ONLY SUCH VENDOR INFORMATION THAT WE BELIEVE TO BE RELEVANT FOR THE PURPOSE OF IDENTIFICATION AND VERIFICATION AND IS REQUIRED TO UNDERSTAND YOU OR YOUR INTERESTS.

IT IS CLARIFIED THAT WE SHALL NOT BE LIABLE, FOR ANY REASON WHATSOEVER, FOR THE AUTHENTICITY OF ANY VENDOR INFORMATION PROVIDED BY YOU TO US. YOU HEREBY CONFIRM THAT THE VENDOR INFORMATION PROVIDED BY YOU IS AND SHALL CONTINUE TO BE VALID, TRUE, ACCURATE AND NOT IN VIOLATION OF ANY THIRD-PARTY AGREEMENTS, LAWS, CHARTER DOCUMENTS, JUDGMENTS, ORDERS AND DECREES. YOU SHALL INDEMNIFY AND HOLD US HARMLESS IN THE EVENT YOU ARE IN BREACH OF THIS PRIVACY POLICY.

Information received from third-parties

We will be collecting, processing and storing Your user ID associated with any social media account (such as Your Facebook, Google account, Twitter and LinkedIn) that You use to sign into the Platform or connect with or use the Platform. Also, information will be collected about You from third-parties such as other Service Providers, respective Drivers, Users, marketers, third-party websites and researchers.

If You interact with Our Services in another capacity such as a Driver or a User or a user of other applications that We provide, We may combine or associate that information with information We have collected from You in Your capacity as a Service Provider under this Privacy Policy.

Information collected through Our Platform

Information may be collected automatically from the computer or communication or network access devices (including mobile devices) You use to access the Platform, even if You use the Platform without registering or logging in and the same shall include inter alia:

1. Your server’s IP address from where the Platform is being accessed, the type of browser, the operating system of Your system and the website You last visited before visiting to Platform and Your computer, internet connection and mobile device, other browsing information (connection, speed, connection type etc), device type, hardware model, operating system and version, software and file names and versions, preferred language, advertising identifiers, serial number, device’s unique device identifier, mobile network information, device motion information and the device’s telephone number;

2. When You use Our Services, We collect location data about the Your, Your device and/or Your respective Product and the respective Driver trip from the GizmoTab App. We may also collect real-time information about the location of Your device, as permitted by You through the permission system used by Your mobile operating system. We may also derive Your approximate location from Your IP address;

3. Details of Your use of Our Platform, including location data, traffic data, logs and other communication data and Services that You use and access on or through Our Platform, date and time of the Service provided, work done on the site of the User and other related details. Additionally, if someone uses Your promo code then We may associate Your name with that person;

4. We also may access metadata and other information associated with other files stored on Your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information;

5. Unique mobile device identifier (eg IDFA or other device IDs on Apple devices like the iPhone and iPad), if You are using Our Platform on a mobile device, We may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognise You. Unlike cookies, mobile device IDs cannot be deleted from records. We may share it with advertising companies and they may use device IDs to track Your use of Our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to You. We may also share it with analytics companies which may use mobile device IDs to track Your usage of Our applications/Platform;

6. Other information relating to Your activity on the Platform, such as Your search queries, comments, domain names, search results selected, pages viewed and the order of those pages, how long You visited Our Platform, the date and time You used the Platform, error logs, settings chosen, preferences expressed and other similar information;

7. Our Services facilitate communications between the Users and the Drivers/Service Providers. In connection with facilitating the Services and interactions between the Users and the Drivers/Service Providers, We receive call data including but not limited to the date and time of the call or SMS message, the parties’ phone numbers and the content of the SMS messages; and

8. In case of mobile application users, the online or offline status of Your application.

Information collected through other tools and cookies

We and third-parties with whom We partner shall use pixel tags, cookies, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information in respect to Your use of any third-party websites and the Platform. A cookie can be understood as small text file that is stored on Your computer/mobile that enables Us to recognise when You visit Our Platform, website; store Your preferences and settings; enhance Your experience by delivering content and advertising specific to Your interests; perform research and analytics; track Your use of Our Platform; and assist with security and administrative functions. This anonymous information is maintained distinctly and is not linked to the Vendor Information You submit to Us. A pixel tag (also called a web beacon) can be understood as a small graphic with embedded invisibly on a webpage (or an online ad or email) and a unique identifier and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on Vendors’ computers. Additionally, You may encounter cookies or other similar devices on certain pages of the Platform that are placed by third-parties. We do not control the use of cookies by third-parties and shall not be liable for any reason whatsoever for these third-party cookies. We advise You to check their privacy policies for information about third-parties’ cookies and other practices. We do not control the practices of such third-parties/partners and their privacy policies/cookies policies which govern their interactions with You.

Kindly note that most browsers are set to automatically allow cookies. Most cookies are session cookies that are automatically deleted from Your hard drive when You close the browser. HOWEVER, IT MAY BE POSSIBLE TO DISABLE SOME (BUT NOT ALL) COOKIES THROUGH YOUR MOBILE DEVICE OR BROWSER SETTINGS, BUT DOING SO MAY INTERFERE WITH CERTAIN FUNCTIONALITY ON THE PLATFORM.

Important information about mobile platform permissions

Most mobile platforms (iOS, Android, etc) have defined certain types of device data that applications cannot access without Your consent. Such platforms have different permission systems for obtaining Your consent. The iOS platform will alert You the first time the GizmoTab App wants permission to access certain types of data and will let You provide Your consent to that request. Whereas, the Android devices will notify You of the permissions that GizmoTab App seeks before Your first use of the GizmoTab App and Your use of the GizmoTab App constitutes Your consent.

1. USE AND DISCLOSURE OF INFORMATION COLLECTED

Usages

Information collected from You may be used for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, storage, usage or processes in accordance with the consent of the user) connected with a function or activity of the Platform (“Usages”), including inter alia:
1. To verify Your identity;
2. To facilitate Your usage of Platform;
3. To provide, maintain, improve and personalise Our Services;
4. To facilitate communications between You and the User for the provision of the Service Provider Services to the User at the destination of the User Work, including but not limited to the details of the User Work, location of the User Work and other information regarding the User and the respective Driver who shall be providing the Service Provider Services on behalf of the Service Provider;
5. To process and respond to Your queries/requests and to provide Vendor support to You;
6. To inform You regarding changes in Platform;
7. To send You surveys and marketing communications that We believe may be of interest to You;
8. To analyse, conduct internal reviews, surveys and understand Our Vendors, improve the content and features of Our Platform, process and complete Your transactions and make special offers;
9. To diagnose technical problems, provide support and help You in addressing troubleshoot problems;
10. To send and receive communications, show advertisements, notifications;
11. To prepare reports, review, etc on a user aggregated basis without identifying You as a particular Vendor;
12. To contact You regarding third-party services/goods, offers, to understand Your preferences, requirements, etc;
13. To permit You to participate in interactive features offered through Our Platform;
14. To improve the content and protecting the integrity of the Platform;
15. To respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
16. To detect and protect any error, hacking, fraud, commercial and identity checks and develop safety features; and
17. Any other purpose as required in connection with the Platform and the Service and the Service Provider Service.

Disclosures

Except as provided in this Privacy Policy, We shall not provide any of Your personal information to any third-parties without Your specific consent. However, We may share non personal information with third-parties. You hereby give Us unconditional consent to disclose the information collected from You or on/through the Platform to and/or for various purposes including inter alia:

1. For legal purposes and requirements to comply with applicable laws;
2. To Our affiliates, subsidiaries and related parties;
3. To the respective Drivers, the Users and other third-parties and persons who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them;
4. For Usages mentioned above;
5. To any person for maintaining security, operating Platform, to enquire or protect from any fraud, hacking;
6. To third-parties to market their products or services to You;
7. For enforcing or applying Our terms of use and other agreements, including for billing and collection purposes;
8. If the disclosure, in Our believe, is necessary or appropriate to protect Our rights, property, or safety, customers or others. This will include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and
9. To grow Our business/Platform and/or help Us serve You better.

PAYMENT INFORMATION

To provide the Services and any other related activity through Our Platform, We may require Your internet banking account and other payment information for providing the payment for the Service Provider Services, paid or to be paid by the respective Users. Hence, by submitting Your internet banking account information and other payment information through Our Platform, You expressly consent to the sharing of Your information with the merchants, third-party payment processors and other third-party service providers, including but not limited to vendors who provide fraud detection services to Us and other third-parties.

SECURITY AND DATA PROTECTION

To prevent any form of unlawful interception or misuse of Vendor Information, We use reasonable physical, electronic and managerial procedures to safeguard and secure the Vendor Information collected. We use reasonable secure and technologically appropriate measures, in compliance with the Information Technology Act 2000 and the rules related thereto to protect You against loss or misuse of Your Vendor Information including internal reviews of data collection, storage and processing practices and other reasonable security measures which are equivalent to security measures that the Company uses to protect its own confidential information.

We have implemented technical and organisational measures designed to secure Your personal and commercial information from accidental loss and unauthorised access, use, alteration or disclosure. 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. YOU, HEREBY ACKNOWLEDGE AND ACCEPT THAT PROVIDING PERSONAL AND COMMERCIAL INFORMATION IS AT YOUR OWN RISK AND THAT THE COMPANY WILL NOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES INCURRED.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR DISCLOSURE OF YOUR INFORMATION DUE TO ERRORS IN TRANSMISSION, UNAUTHORISED THIRD-PARTY ACCESS, OR OTHER CAUSES BEYOND OUR CONTROL OR FORCE MAJEURE OR HACKING. You should not share Your user name, password, or other security information relating to Your account with anyone. If We receive instructions using Your user name and password, We will consider that You have authorised the instructions. You agree and confirm that Your Vendor Information may be transferred, processed and stored. You hereby confirm that You have been made aware of the security measures undertaken by Us and You expressly consent to Us storing, handling, using Your Vendor Information.

PERSONS BELOW 18

The Platform is not intended for Vendors under the age of 18 years. We do not knowingly collect any personal information from persons under the age of 18 years or market to or solicit information from anyone under the age of 18 years. YOU REPRESENT THAT YOU ARE ABOVE THE AGE OF 18 YEARS AND/OR LEGALLY COMPETENT IN ACCORDANCE WITH THE LAW TO WHICH YOU ARE SUBJECT AND ARE OTHERWISE QUALIFIED TO ENTER INTO THIS PRIVACY POLICY TO AVAIL THE SERVICES PROVIDED ON THE PLATFORM.

THIRD-PARTY LINKS

The Platform links to other websites/applications, which may collect personally identifiable information about You. The Company is not and will not be responsible for the privacy practices or the content of those linked websites. The Company is not responsible for any form of transmission, whatsoever, received by You from any third-party platform. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information You choose to provide to or that is collected by these third-parties. Under no circumstances shall We be deemed to control or guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, cookies, messages or other materials available on such platforms. We strongly encourage You to read such third-parties’ privacy policies.

ADVERTISEMENTS

We use third-party advertising companies/entities to serve ads when You visit Our Platform. These entities may use information (including but not limited to Your name, address, email
address, or telephone number) about Your visits to the Platform and other websites in order to provide advertisements about goods and services of interest to You.

RETENTION OF INFORMATION AND ACCOUNT CLOSURE

Please note that We shall retain information about You till such time, such information is required for the purpose of providing You with Our Services or is required under applicable law. However, We shall retain non-personal information about You indefinitely.

You can close Your account by visiting Your profile settings page on Our Platform or by writing to us at support@gizmotab.com. We will remove Your public posts from view and/or dissociate them from Your account profile, BUT WE MAY RETAIN INFORMATION ABOUT YOU FOR THE PURPOSES AUTHORISED UNDER THIS PRIVACY POLICY UNLESS PROHIBITED BY LAW. If You would like to review, change or delete personal information We have collected from You, or permanently delete Your account, please login to Your online or in-app account.
If You delete Your information from Our Platform, copies of Your information may remain viewable in cached and archived pages, or might have been copied or stored by other Service Providers or other users of Our Platform.

INTELLECTUAL PROPERTY RIGHTS

All content on Our Platform, including graphics, text, icons, interfaces, audio clips, logos, images, reviews, Comments and software is the property of the Company and/or its content suppliers and is protected by Indian and international copyright laws and other applicable intellectual property laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Platform can only be made with the express written permission of the Company. All other trademarks, brands and copyrights other than those belonging to the Company, belong to their respective owners and are their property. You shall not modify the paper or digital copies of any materials You have printed off or downloaded in any way on or from the Platform, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. YOU MUST NOT USE ANY PART OF THE CONTENT ON OUR PLATFORM FOR COMMERCIAL PURPOSES WITHOUT OBTAINING A WRITTEN LICENCE TO DO SO FROM US OR OUR LICENSORS. IF YOU PRINT OFF, COPY OR DOWNLOAD ANY PART OF OUR PLATFORM IN BREACH OF THE TERMS HEREOF, YOUR RIGHT TO USE OUR PLATFORM WILL CEASE IMMEDIATELY AND YOU SHALL, AT OUR OPTION, RETURN OR DESTROY ANY COPIES OF THE MATERIALS YOU HAVE MADE OR SHALL PROVIDE US PROPER REMEDIES.

AMENDMENTS TO THIS PRIVACY POLICY

OUR PRIVACY POLICY IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE RESERVE THE RIGHT TO UPDATE, MODIFY AND AMEND ANY TERMS OF THIS PRIVACY POLICY FROM TIME TO TIME TO REFLECT CHANGES IN THE LAW, OUR DATA COLLECTION AND USE PRACTICES, THE FEATURES OF OUR SERVICES, OR ADVANCES IN TECHNOLOGY. Please check this page periodically for changes. The use of information We collect is subject to the Privacy Policy in effect at the time such information is used. If We make any material changes to this Privacy Policy, We will post the changes here. Please review the changes carefully. We shall not be liable for any failure or negligence on Your part to review the updated Privacy Policy before accessing or availing the Platform for availing the Services. Your continued use of Platform or provision of information or use of the Services, following the posting of changes to this Privacy Policy will constitute Your unconditional consent and acceptance of those changes.

FORCE MAJEURE

Notwithstanding anything contained in this Privacy Policy or elsewhere, We shall not be held responsible for any loss, damage or misuse of Your Vendor Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" shall mean any event that is beyond Our reasonable control and shall include without limitation sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, technical snags, unauthorised access to computer data and storage device, technical snags and breach of security and encryption.

GOVERNING LAW AND DISPUTE RESOLUTION

This Privacy Policy shall be governed, construed and interpreted in accordance with the applicable laws of India and the courts at Jaipur, Rajasthan shall have the sole and exclusive jurisdiction to entertain any disputes that may arise hereunder.

CONTACT US

Please contact Us (through ‘Contact Us’ link, available at http:/www.gizmotab.com) regarding any questions regarding (i) this Privacy Policy; (ii) practices of this Platform, or (iii) Your dealings with this Platform.
If You have any discrepancies/grievances in relation to the collection, storage, use, disclosure and transfer of Your Information under this Privacy Policy, please contact the following designated grievance officer in accordance with Information Technology Act 2000:

Name: Mr. Gaurav Suneel Sanghi
Contact Details: 9022042204

YOU HEREBY FURTHER ACKNOWLEDGE AND AGREE THAT THIS PRIVACY POLICY:
1. PROVIDES FOR CLEAR AND EASILY ACCESSIBLE STATEMENTS OF ITS PRACTICES AND POLICIES;
2. PROVIDES FOR THE TYPE OF PERSONAL OR SENSITIVE PERSONAL DATA OR INFORMATION THAT IS COLLECTED;
3. PROVIDES FOR THE PURPOSE OF COLLECTION AND USAGE OF COLLECTED INFORMATION;
4. PROVIDES FOR DISCLOSURE OF INFORMATION INCLUDING SENSITIVE PERSONAL DATA OR INFORMATION; AND
5. PROVIDES FOR REASONABLE SECURITY PRACTICES AND PROCEDURES.


MOVAI TECHNOLOGIES PRIVATE LIMITED | PRIVACY POLICY – DRIVER | GIZMOTAB

Movai Technologies Private Limited, a company registered under the Companies Act 2013, having Corporate Identity Number: U72200RJ2016PTC056351, and having its registered office at Golcha Garden Agra Road Jaipur, Rajasthan, 302 003 India, owns, manages and operates this platform under the brand name “GizmoTab” (hereinafter referred as “Company”, “We”, “Us” or “Our”).

We respect the privacy of the data and information of the Drivers who are accessing and using the Platform to provide the Service Provider Services on behalf of the registered Service Provider to the ultimate Users through our website(s), mobile application(s) and other online platform(s) (collectively, Our "Platform/GizmoTab App") and otherwise doing business with Us through the respective Service Providers and we are committed to protecting it through Our compliance with this Privacy Policy. This Privacy Policy describes:

1. the types of information that We may collect from You when You access or use Our Platform; and
2. Our practices for collecting, using, maintaining, protecting and disclosing that collected information.

For the purposes of this Privacy Policy, the term “Driver” and wherever the context so requires “You”, “Your”, “Yourself” shall mean any natural or legal person who accesses or uses the Platform, either as a visitor or user of the Platform, on behalf of a registered earthmover operator or a construction operator or a commercial vehicle operator (“Service Provider/Vendor”), who owns and provides various construction equipment vehicles, earth moving machineries, equipments, vehicles, including but not limited to excavators, road rollers, loaders, graders, rail track building machineries, compact excavators, telescopic loaders, earth diggers, machines, trench digger machines and industrial dozers and related products and services (“Products”), and provides Drivers, who shall be operating the Product, and means to include such persons, who have been appointed, employed and trained by the Service Providers to drive and use the Products, on behalf of the registered Service Providers, subject to holding of all necessary permits and licenses to own, use and drive the Products within the territory of India, to make the Products and the Drivers available on the Platform to provide the respective Products and the Drivers and other related services to the Users to complete the User Work assigned at the destination of the User (“Service Provider Service”), and in the event that a natural person is representing a business entity, body corporate, reference to such terms shall include a reference to such business entity, body corporate as well. In the event, You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent to this Privacy Policy, and such entity agrees to be bound by the terms hereunder.

SCOPE AND APPLICATION

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU, ON BEHALF OF THE REGISTERED SERVICE PROVIDER, AND US.
THIS PRIVACY POLICY IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES 2011 MADE UNDER INFORMATION TECHNOLOGY ACT 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.
GIZMOTAB WHILE ACTING AS AN ‘ON-DEMAND EARTH MOVING EQUIPMENT MARKETPLACE’ COLLECTS SUBSTANTIAL INFORMATION REGARDING (A) THE PRODUCTS AND RELATED PRODUCTS AND SERVICES; AND (B) PLURALITY OF THE SERVICE PROVIDERS IN THE MARKET, AND MAKE SUCH SERVICE PROVIDERS AND THE PRODUCTS AVAILABLE ON THE PLATFORM TO ENABLE THE USER TO ACCESS AND COMPARE THE RANGE OF PRODUCTS AVAILABLE IN THE MARKET IN ORDER TO MAKE THE DECISION TO HIRE THE PRODUCTS EASIER, EFFICIENT AND IN AN ORGANISED MANNER FOR THEIR OWN BUSINESS AND COMMERCIAL PURPOSES AND PERSONAL PURPOSES (“USERS”), INCLUDING BUT NOT LIMITED TO FOR CONSTRUCTION, EARTH MOVING, MATERIAL HANDLING, EXCAVATION, DEMOLITION, WASTE MANAGEMENT, TUNNELLING, PUBLIC WORKS AND OIL AND GAS (“USER WORK”), COLLECTIVELY THE “SERVICES” PROVIDED BY THE COMPANY (FOR MORE INFORMATION ON THE SERVICES PROVIDED BY GIZMOTAB, PLEASE ACCESS THE HOMEPAGE OF GIZMOTAB APP ON http://www.gizmotab.com). THIS PRIVACY POLICY IS APPLICABLE ONLY TO THE DRIVERS OF THE RESPECTIVE SERVICE PROVIDERS WHO ARE ACCESSING AND USING THE SERVICES PROVIDED BY GIZMOTAB IN INDIA ONLY TO PROVIDE THE SERVICE PROVIDER SERVICES TO THE USERS, ON BEHALF OF THE REGISTERED SERVICE PROVIDER.
FURTHER, THIS PRIVACY POLICY IS NOT APPLICABLE TO THE INFORMATION WE COLLECT FROM OR ABOUT THE USERS, WHO USE THE SERVICES PROVIDED BY THE COMPANY TO HIRE THE PRODUCTS OF RESPECTIVE SERVICE PROVIDER FOR THEIR OWN USE, OR OTHER DRIVERS OF A REGISTERED SERVICE PROVIDER OR ANY OTHER PERSON WHO USES GIZMOTAB APP. IF YOU USE GIZMOTAB APP AS BOTH A SERVICE PROVIDER AND A USER OR A DRIVER THEN THE RESPECTIVE PRIVACY POLICIES OF THE USER AND THE SERVICE PROVIDER, SHALL APPLY TO YOU DEPENDING UPON YOUR USAGE OF GIZMOTAB APP.

YOUR ACKNOWLEDGMENT AND CONSENT

By visiting this Platform, You agree to be bound by the terms and conditions of this Privacy Policy. If You do not agree please do not use or access Our Platform.
By mere use of the Platform, You expressly and unconditionally agree to the terms and conditions of this Privacy Policy and consent to usage, storage and handling of the information submitted by You in accordance with the terms contained hereunder. This Privacy Policy is in addition to the Terms of Use for the Service Provider, the Service Order, the Privacy Policy of the registered Service Provider and other incidental policies any other agreements entered into between Us and the registered Service Provider, collectively referred to as the “Master Service Agreement”.
This Privacy Policy applies to information We collect through Our Platform, in email, mobile text and other electronic communications sent through or in connection therewith and the information that You share with the respective Service Provider and the Users or in connection therewith (collectively “Driver Information”). When You submit Driver Information on the Platform, it shall be deemed that You have granted Us the right to collect, store, process, handle and use such Driver Information, in accordance with this Privacy Policy as amended from time to time.
This Privacy Policy DOES NOT apply to information that You provide to, or that is collected by, any third-party such as other Drivers, respective Service Providers or Users or third-parties to whom You may avail services or provide services, independently or beyond the Services provided by GizmoTab, and/or pay and social networks that You use in connection with Our Services. We encourage You to consult directly with such third-parties about their privacy policies and practices.
Please read this Privacy Policy carefully to understand Our policies and practices regarding Your information and how We will treat it.

INFORMATION WHICH ARE COLLECTED BY US

We collect various types of information from and about the Drivers of Our Platform, including information:

1. that can be used to uniquely identify or contact a person and/or the business entity that a person represents; and/or
2. regarding Your internet connection, the equipment You use to access Our Platform and Your usage details, which are non-personal information that does not uniquely identify or contact a person and/or the business entity that a person represents.

We may treat personal information and non-personal information differently in accordance with this Privacy Policy.
We collect this information:

1. directly or indirectly from You when You provide it to us; and/or
2. as You navigate through Our Platform (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies).
We may store Your information in physical form along with the electronic form. We may enter into agreements with third-parties to store or process Your information. Contractual obligations bind these third-parties to keep Your personal information confidential and use it only for the purposes for which We disclose it to them.

Information You provide to Us

The information We collect on or through Our Platform shall include inter alia:

1. Your full name, address, email address, telephone number, date of birth and bank or payment card details and any proof of Your identity and/or address, postal code, profile picture, password and other information that You may provide with Your account (but not including account holder, account name, account number, online banking PIN, transaction authentication number and password, available balance and transaction history of Your bank account), tax certificates or any other income documents as necessary by Us, such as Your gender, mobile phone number and website and all other information, You may provide Us through third-party sign-in services such as social media services, commercially available sources and business partners. In such events/cases, We fetch and store whatever information is made available to Us by You through these sign-in services;

2. Details of Your Product number, Product registration, Your driving license information, insurance information and other information incidental to Your accessing the Platform either by just visiting the Platform or after registering with the Platform through Your Service Provider;

3. Your preferences including settings such as time zone and language;

4. Details of Your visits to Platform, including but not limited to types of communication or network access devices, location data, web logs and other communication data;

5. Information provided, uploaded, shared by You through Our Platform, including inter alia Your PAN details, TAN details, details of incorporation, government and business-related approvals/consents/licenses, tax certificates, invoices, reviews, photographs, comments, lists, followers, the users You follow, current and prior purchase or browsing details, contact or notification information, and other information in Your account profile;

6. Your search details such as search terms You have looked up and results You selected;

7. Your browsing details including time, frequency, features used, etc by You;

8. Communications between You and other Drivers, respective Service Providers or the Users through Our Platform;

9. Your participation in a survey, poll, sweepstakes, contest or promotion scheme; Your request for certain features (eg, newsletters, updates or other products/services);

10. If You avail any Services through Our Platform, on behalf of the registered Service Provider, We may collect and store information about You to process Your requests and automatically complete forms for future transactions, including but not limited to Your phone number, address, email, billing information and payment information. This information may be shared with third-parties which assist in processing and fulfilling Your requests. If You write reviews about businesses/services with which You conduct transactions through Our Platform, We may publicly display information that You transacted with those businesses/services;

11. The information provided by You (such as Your ratings, reviews, reviews, comments, feedback, suggestions, ideas, and other submissions, to be disclosed, submitted or offered to the Company on or through the Platform, any blog, Facebook, Twitter, LinkedIn or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with Your use of the Platform or availing of the Services, on behalf of the registered Service Provider) to be published or displayed on publicly accessible areas of Our Platform, or transmitted to other Drivers or respective Service Provider or Users of Our Platform or third-parties (collectively, "Comments"). Your Comments are posted on and transmitted to others at Your own risk. Although We limit access to certain pages, You may set certain privacy settings for such information through Your account profile. PLEASE BE AWARE THAT NO SECURITY/DATA PROTECTION MEASURES ARE PERFECT OR IMPENETRABLE. ADDITIONALLY, WE CANNOT CONTROL THE ACTIONS OF USERS OR OTHER DRIVERS OR RESPECTIVE SERVICE PROVIDERS OF OUR PLATFORM WITH WHOM YOU MAY CHOOSE TO SHARE YOUR DRIVER CONTRIBUTIONS. THEREFORE, WE CANNOT AND DO NOT GUARANTEE THAT YOUR COMMENTS WILL NOT BE VIEWED BY UNAUTHORISED PERSONS. We may display this information on Our Platform, share it with businesses, and further distribute it to a wider audience through third-party sites and services. You should be careful about revealing any sensitive details about Yourself in such postings; and

12. Information collected through cookies.

Where possible, We indicate which fields are mandatory and which fields are optional to be filled on Our Platform. You always have the option to not provide information by choosing not to submit particular information or feature on the Platform.

BY USING THE PLATFORM, YOU CONSENT TO THE COLLECTION, STORAGE, USE AND DISCLOSURE OF THE DRIVER INFORMATION THAT YOU PROVIDE FOR ANY OF THE SERVICES THAT WE OFFER, AND YOU CONSENT TO OUR COLLECTION OF ANY CHANGES OR UPDATES THAT YOU MAY PROVIDE TO THE DRIVER INFORMATION. WE COLLECT ONLY SUCH DRIVER INFORMATION THAT WE BELIEVE TO BE RELEVANT FOR THE PURPOSE OF IDENTIFICATION AND VERIFICATION AND IS REQUIRED TO UNDERSTAND YOU OR YOUR INTERESTS.

IT IS CLARIFIED THAT WE SHALL NOT BE LIABLE, FOR ANY REASON WHATSOEVER, FOR THE AUTHENTICITY OF ANY DRIVER INFORMATION PROVIDED BY YOU TO US. YOU HEREBY CONFIRM THAT THE DRIVER INFORMATION PROVIDED BY YOU IS AND SHALL CONTINUE TO BE VALID, TRUE, ACCURATE AND NOT IN VIOLATION OF ANY THIRD-PARTY AGREEMENTS, LAWS, CHARTER DOCUMENTS, JUDGMENTS, ORDERS AND DECREES. YOU SHALL INDEMNIFY AND HOLD US HARMLESS IN THE EVENT YOU ARE IN BREACH OF THIS PRIVACY POLICY.

Information received from third-parties

We will be collecting, processing and storing Your user ID associated with any social media account (such as Your Facebook, Google account, Twitter and LinkedIn) that You use to sign into the Platform or connect with or use the Platform. Also, information will be collected about You from third-parties such as other Drivers, respective Service Providers, Users, marketers, third-party websites and researchers.

If You interact with Our Services in another capacity such as a Service Provider or a User or a user of other applications that We provide, We may combine or associate that information with information We have collected from You in Your capacity as a Driver under this Privacy Policy.

Information collected through Our Platform

Information may be collected automatically from the computer or communication or network access devices (including mobile devices) You use to access the Platform, even if You use the Platform without registering or logging in and the same shall include inter alia:

1 Your server’s IP address from where the Platform is being accessed, the type of browser, the operating system of Your system and the website You last visited before visiting to Platform and Your computer, internet connection and mobile device, other browsing information (connection, speed, connection type, etc), device type, hardware model, operating system and version, software and file names and versions, preferred language, advertising identifiers, serial number, device’s unique device identifier, mobile network information, device motion information and the device’s telephone number;
2. When You use Our Services, on behalf of the registered Service Provider, We collect location data about the Your and respective Service Provider and the trip for the Service Provider Services from the GizmoTab App. We may also collect real-time information about the location of Your device, as permitted by You through the permission system used by Your mobile operating system. We may also derive Your approximate location from Your IP address; 
3. Details of Your use of Our Platform, including location data, traffic data, logs and other communication data and Services that You use and access on or through Our Platform, date and time of the Service provided, work done on the site of the User and other related details. Additionally, if someone uses Your promo code then We may associate Your name with that person;
4. We also may access metadata and other information associated with other files stored on Your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information;
5. Unique mobile device identifier (eg IDFA or other device IDs on Apple devices like the iPhone and iPad), if You are using Our Platform on a mobile device, We may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognise You. Unlike cookies, mobile device IDs cannot be deleted from records. We may share it with advertising companies and they may use device IDs to track Your use of Our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to You. We may also share it with analytics companies which may use mobile device IDs to track Your usage of Our applications/Platform;
6. Other information relating to Your activity on the Platform, such as Your search queries, comments, domain names, search results selected, pages viewed and the order of those pages, how long You visited Our Platform, the date and time You used the Platform, error logs, settings chosen, preferences expressed and other similar information;
7. Our Services facilitate communications between the Users and the Drivers/Service Providers. In connection with facilitating the Services and interactions between the Users and the Drivers/Service Providers, We receive call data including but not limited to the date and time of the call or SMS message, the parties’ phone numbers and the content of the SMS messages; and
8. In case of mobile application users, the online or offline status of Your application.

Information collected through other tools and cookies

We and third-parties with whom We partner shall use pixel tags, cookies, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information in respect to Your use of any third-party websites and the Platform. A cookie can be understood as small text file that is stored on Your computer/mobile that enables Us to recognise when You visit Our Platform, website; store Your preferences and settings; enhance Your experience by delivering content and advertising specific to Your interests; perform research and analytics; track Your use of Our Platform; and assist with security and administrative functions. This anonymous information is maintained distinctly and is not linked to the Driver Information You submit to Us. A pixel tag (also called a web beacon) can be understood as a small graphic with embedded invisibly on a webpage (or an online ad or email) and a unique identifier and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on Driver’s computers. Additionally, You may encounter cookies or other similar devices on certain pages of the Platform that are placed by third-parties. We do not control the use of cookies by third-parties and shall not be liable for any reason whatsoever for these third-party cookies. We advise You to check their privacy policies for information about third-parties’ cookies and other practices. We do not control the practices of such third-parties/partners and their privacy policies/cookies policies which govern their interactions with You.

Kindly note that most browsers are set to automatically allow cookies. Most cookies are session cookies that are automatically deleted from Your hard drive when You close the browser. HOWEVER, IT MAY BE POSSIBLE TO DISABLE SOME (BUT NOT ALL) COOKIES THROUGH YOUR MOBILE DEVICE OR BROWSER SETTINGS, BUT DOING SO MAY INTERFERE WITH CERTAIN FUNCTIONALITY ON THE PLATFORM.

Important information about mobile platform permissions

Most mobile platforms (iOS, Android, etc) have defined certain types of device data that applications cannot access without Your consent. Such platforms have different permission systems for obtaining Your consent. The iOS platform will alert You the first time the GizmoTab App wants permission to access certain types of data and will let You provide Your consent to that request. Whereas, the Android devices will notify You of the permissions that GizmoTab App seeks before Your first use of the GizmoTab App and Your use of the GizmoTab App constitutes Your consent.

USE AND DISCLOSURE OF INFORMATION COLLECTED

Usages

Information collected from You may be used for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, storage, usage or processes in accordance with the consent of the user) connected with a function or activity of the Platform (“Usages”), including inter alia:

1. To verify Your identity;
2. To facilitate Your usage of Platform;
3. To provide, maintain, improve and personalise Our Services;
4. To facilitate communications between You and the User for the provision of the Service Provider Services to the User at the destination of the User Work, including but not limited to the details of the User Work, location of the User Work and other information regarding the User;
5. To process and respond to Your queries/requests and to provide Driver support to You;
6. To inform You regarding changes in Platform;
7.To send You surveys and marketing communications that We believe may be of interest to You;
8. To analyse, conduct internal reviews, surveys and understand the Drivers of the respective Service Providers, improve the content and features of Our Platform, process and complete Your transactions and make special offers;
9. To diagnose technical problems, provide support and help You in addressing troubleshoot problems;
10. To send and receive communications, show advertisements, notifications;
11. To prepare reports, review, etc on a user aggregated basis without identifying You as a particular Driver of a respective Service Provider;
12. To contact You regarding third-party services/goods, offers, to understand Your preferences, requirements, etc;
13. To permit You to participate in interactive features offered through Our Platform;
14. To improve the content and protecting the integrity of the Platform;
15. To respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
16. To detect and protect any error, hacking, fraud, commercial and identity checks and develop safety features; and
17. Any other purpose as required in connection with the Platform and the Service and the Service Provider Service.

Disclosures

Except as provided in this Privacy Policy, We shall not provide any of Your personal information to any third-parties without Your specific consent. However, We may share non personal information with third-parties. You hereby give Us unconditional consent to disclose the information collected from You or on/through the Platform to and/or for various purposes including inter alia:

1. For legal purposes and requirements to comply with applicable laws;
2. To Our affiliates, subsidiaries and related parties;
3. To the respective Service Providers, the Users and other third-parties and persons who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them;
4. For Usages mentioned above;
5. To any person for maintaining security, operating Platform, to enquire or protect from any fraud, hacking;
6. To third-parties to market their products or services to You;
7. For enforcing or applying Our terms of use and other agreements, including for billing and collection purposes;
8. If the disclosure, in Our believe, is necessary or appropriate to protect Our rights, property, or safety, customers or others. This will include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and
9. To grow Our business/Platform and/or help Us serve You better.

PAYMENT INFORMATION

To provide the Services and any other related activity through Our Platform, We may require Your internet banking account and other payment information, if required, for providing the payment for the Service Provider Services, paid or to be paid by the respective Users. Hence, by submitting Your internet banking account information and other payment information through Our Platform, You expressly consent to the sharing of Your information with the merchants, third-party payment processors and other third-party service providers, including but not limited to vendors who provide fraud detection services to Us and other third-parties.

SECURITY AND DATA PROTECTION

To prevent any form of unlawful interception or misuse of Driver Information, We use reasonable physical, electronic and managerial procedures to safeguard and secure the Driver Information collected. We use reasonable secure and technologically appropriate measures, in compliance with the Information Technology Act 2000 and the rules related thereto to protect You against loss or misuse of Your Driver Information including internal reviews of data collection, storage and processing practices and other reasonable security measures which are equivalent to security measures that the Company uses to protect its own confidential information.

We have implemented technical and organisational measures designed to secure Your personal and commercial information from accidental loss and unauthorised access, use, alteration or disclosure. 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. YOU, HEREBY ACKNOWLEDGE AND ACCEPT THAT PROVIDING PERSONAL AND COMMERCIAL INFORMATION IS AT YOUR OWN RISK AND THAT THE COMPANY WILL NOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES INCURRED.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR DISCLOSURE OF YOUR INFORMATION DUE TO ERRORS IN TRANSMISSION, UNAUTHORISED THIRD-PARTY ACCESS, OR OTHER CAUSES BEYOND OUR CONTROL OR FORCE MAJEURE OR HACKING. You should not share Your user name, password, or other security information relating to Your account with anyone. If We receive instructions using Your username and password, We will consider that You have authorised the instructions. You agree and confirm that Your Driver Information may be transferred, processed and stored. You hereby confirm that You have been made aware of the security measures undertaken by Us and You expressly consent to Us storing, handling, using Your Driver Information.

PERSONS BELOW 18

The Platform is not intended for Drivers under the age of 18 years. We do not knowingly collect any personal information from persons under the age of 18 years or market to or solicit information from anyone under the age of 18 years. YOU REPRESENT THAT YOU ARE ABOVE THE AGE OF 18 YEARS AND/OR LEGALLY COMPETENT IN ACCORDANCE WITH THE LAW TO WHICH YOU ARE SUBJECT AND ARE OTHERWISE QUALIFIED TO ENTER INTO THIS PRIVACY POLICY TO AVAIL THE SERVICES PROVIDED ON THE PLATFORM, ON BEHALF OF THE REGISTERED SERVICE PROVIDER.

THIRD-PARTY LINKS

The Platform links to other websites/applications, which may collect personally identifiable information about You. The Company is not and will not be responsible for the privacy practices or the content of those linked websites. The Company is not responsible for any form of transmission, whatsoever, received by You from any third-party platform. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information You choose to provide to or that is collected by these third-parties. Under no circumstances shall We be deemed to control or guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, cookies, messages or other materials available on such platforms. We strongly encourage You to read such third-parties’ privacy policies.

ADVERTISEMENTS

We use third-party advertising companies/entities to serve ads when You visit Our Platform. These entities may use information (including but not limited to Your name, address, email
address or telephone number) about Your visits to the Platform and other websites in order to provide advertisements about goods and services of interest to You.

RETENTION OF INFORMATION AND ACCOUNT CLOSURE

Please note that We shall retain information about You till such time, such information is required for the purpose of providing You with Our Services or is required under applicable law. However, We shall retain non-personal information about You indefinitely.

You can close Your account by visiting Your profile settings page on Our Platform or by writing to us at support@gizmotab.com. We will remove Your public posts from view and/or dissociate them from Your account profile, BUT WE MAY RETAIN INFORMATION ABOUT YOU FOR THE PURPOSES AUTHORISED UNDER THIS PRIVACY POLICY UNLESS PROHIBITED BY LAW. If You would like to review, change or delete personal information We have collected from You, or permanently delete Your account, please login to Your online or in-app account.
If You delete Your information from Our Platform, copies of Your information may remain viewable in cached and archived pages, or might have been copied or stored by Service Providers or other users of Our Platform.

INTELLECTUAL PROPERTY RIGHTS

All content on Our Platform, including graphics, text, icons, interfaces, audio clips, logos, images, reviews, Comments and software is the property of the Company and/or its content suppliers and is protected by Indian and international copyright laws and other applicable intellectual property laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Platform can only be made with the express written permission of the Company. All other trademarks, brands and copyrights other than those belonging to the Company, belong to their respective owners and are their property. You shall not modify the paper or digital copies of any materials You have printed off or downloaded in any way on or from the Platform, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. YOU MUST NOT USE ANY PART OF THE CONTENT ON OUR PLATFORM FOR COMMERCIAL PURPOSES WITHOUT OBTAINING A WRITTEN LICENCE TO DO SO FROM US OR OUR LICENSORS. IF YOU PRINT OFF, COPY OR DOWNLOAD ANY PART OF OUR PLATFORM IN BREACH OF THE TERMS HEREOF, YOUR RIGHT TO USE OUR PLATFORM WILL CEASE IMMEDIATELY AND YOU SHALL, AT OUR OPTION, RETURN OR DESTROY ANY COPIES OF THE MATERIALS YOU HAVE MADE OR SHALL PROVIDE US PROPER REMEDIES.

AMENDMENTS TO THIS PRIVACY POLICY

OUR PRIVACY POLICY IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE RESERVE THE RIGHT TO UPDATE, MODIFY AND AMEND ANY TERMS OF THIS PRIVACY POLICY FROM TIME TO TIME TO REFLECT CHANGES IN THE LAW, OUR DATA COLLECTION AND USE PRACTICES, THE FEATURES OF OUR SERVICES, OR ADVANCES IN TECHNOLOGY. Please check this page periodically for changes. The use of information We collect is subject to the Privacy Policy in effect at the time such information is used. If We make any material changes to this Privacy Policy, We will post the changes here. Please review the changes carefully. We shall not be liable for any failure or negligence on Your part to review the updated Privacy Policy before accessing or availing the Platform for availing the Services. Your continued use of Platform or provision of information or use of the Services, following the posting of changes to this Privacy Policy will constitute Your unconditional consent and acceptance of those changes.

FORCE MAJEURE

Notwithstanding anything contained in this Privacy Policy or elsewhere, We shall not be held responsible for any loss, damage or misuse of Your Driver Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" shall mean any event that is beyond Our reasonable control and shall include without limitation sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, technical snags, unauthorised access to computer data and storage device, technical snags and breach of security and encryption.

GOVERNING LAW AND DISPUTE RESOLUTION

This Privacy Policy shall be governed, construed and interpreted in accordance with the applicable laws of India and the courts at Jaipur, Rajasthan shall have the sole and exclusive jurisdiction to entertain any disputes that may arise hereunder.

CONTACT US

Please contact Us (through ‘Contact Us’ link, available at http:/www.gizmotab.com) regarding any questions regarding (i) this Privacy Policy; (ii) practices of this Platform, or (iii) Your dealings with this Platform.
If You have any discrepancies/grievances in relation to the collection, storage, use, disclosure and transfer of Your Information under this Privacy Policy, please contact the following designated grievance officer in accordance with Information Technology Act 2000:
Name: Mr. Gaurav Suneel Sanghi
Contact Details: 9022042204

YOU HEREBY FURTHER ACKNOWLEDGE AND AGREE THAT THIS PRIVACY POLICY:
1. PROVIDES FOR CLEAR AND EASILY ACCESSIBLE STATEMENTS OF ITS PRACTICES AND POLICIES;
2. PROVIDES FOR THE TYPE OF PERSONAL OR SENSITIVE PERSONAL DATA OR INFORMATION THAT IS COLLECTED;
3. PROVIDES FOR THE PURPOSE OF COLLECTION AND USAGE OF COLLECTED INFORMATION;
4. PROVIDES FOR DISCLOSURE OF INFORMATION INCLUDING SENSITIVE PERSONAL DATA OR INFORMATION; AND
5. PROVIDES FOR REASONABLE SECURITY PRACTICES AND PROCEDURES.