Terms of Use
Terms of Use
Thank you for selecting the Services offered by R-Indventures Private Limited a company registered under the Companies Act, 1956, having its registered office at Plot No B, Khasra-360, Sultanpur, M.G. Road, New Delhi-110030, and/or its subsidiaries and affiliates (referred to as “Pidge“, the “Company”, “we“, “our“, or “us“). Please review these Terms of Use (“Terms“) thoroughly. These Terms constitute a binding legal agreement between you and Pidge. These Terms and the privacy policy (as available at pidge.in/privacy-policy) (“Privacy Policy”) (collectively “User Agreement”) forms an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules made there under, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time. This User Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the Platform. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Platform, you agree to the User Agreement. If you do not agree to the User Agreement, then you may not use the Platform.
Pidge reserves the right to update and change the Terms at any time without notice. Any new features that augment or enhance the current Platform Services, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Platform Services after any such changes shall constitute your consent to said changes.
General
For the purposes of these Terms, ‘User’ and wherever the context may require, ‘You’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.
Pidge enables the management of last-mile logistics processes including but not limited to the creation and management of orders, creation and management of delivery executives and assets, allocation of orders to 3rd-party delivery services delivery and status tracking, route management and resource allocation, communication to various stakeholders, and integrations with 3rd party platforms, among other services (“Platform Services”).
These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time.
Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms. Please read these Terms carefully before using or registering on the Platform or listing any item, accessing any material, information or Services, posting any information at or through the Platform.
As a User, the User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action is on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement and our Policies, please do not enter information as requested on the sign up page and click the “Accept” button or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.
By impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable policies of the Company including the Privacy Policy as published on the Platform (“Policies”) communicated to the Users by publication on the Platform.
The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.
Amendment
Pidge reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who Pidge believes has violated the provisions of these Terms or any Policy.
You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree by accessing, browsing or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that Pidge publishes the same on the Platform. Pidge will notify You of changes in terms and policies via direct communication (sms/email/etc), platform communication (banner or other notification on screen), or by necessitating logging in again on the platform.
Pidge shall not be liable to give any prior notice to the Users for any amendments to the User Agreement, which in the opinion of Pidge, has the effect of diminishing the User’s existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.
Definitions
“Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
“Authority” shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter.
“Digital Wallet” shall refer to the virtual wallet linked to your Account and provided on the Platform. Any balance amount remaining in the Digital Wallet can be utilised for various purposes on the Platform, including payment fee for the renewal of Services and for availing the delivery services provided by Pidge or its Delivery Network Partners.
“Grievance Redressal Officer” means the grievance redressal officer appointed by the Company in accordance with applicable Law, from time to time.
“Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, through usage of the Platform or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information.
“Law” or “Applicable Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
“License Details” shall mean any document, invoice or information sent to the Primary User’s registered email account as confirmation of payment and registration to avail the Platform Services. This may contain information such as duration and expiration of Services, payment confirmation, and other such information.
“License Term” shall mean the duration of the Platform Services noted in the License Details (or otherwise). The Platform Services shall begin on the day an account has been created by the Primary User or otherwise when a User first accesses the Platform and the License Term will end when the User Agreement is terminated.
“Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.
“Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not.
“Policies” shall mean and include the Privacy Policy and any other policies of Pidge as amended and provided on the Platform or communicated to the Users in any other way from time to time.
“Recharge” shall mean the act of crediting an amount to the Digital Wallet by the User.
“Services” shall mean the services rendered by the Platform as may be specifically notified by the Company on the Platform or by other means of communication from time to time, in accordance with the applicable Law, and currently includes acting as an intermediary or a facilitator for providing a platform web and/or mobile application for enabling the users to sell their products or services online.
“User(s)” shall mean a user of the Platform.
Eligibility
In order to use the Platform, You need to be 18 (eighteen) years of age or older. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872.
Pidge shall not be liable in case of any false information is provided by the User including User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable Law of the country to which the User belongs.
Pidge disclaims all liability arising out of such unauthorised use of the Platform and any third party liability arising out of Your use of the Platform if You are a minor.
Registration and Creation of Profile
Upon completion of the initial registration on the onboarding page and payment of the corresponding fee, a confirmation email will be sent to the registered email containing the License Details and subsequently, an account (“Account”) is created on the Platform that can be accessed by the person who registers and completes the payment of the Licensing Fee (“Primary User”).
A User (including the Primary User) can authorise other persons to access the Account and use the Services by inviting them as users through the Platform. The User confirms that it has informed or otherwise sought permission from the individual to share the personal details necessary for registration of any such individual as a User. The invited individual will have to explicitly accept an invitation to the User’s account.
The User is required to register and create a profile by creating a username and password or registering using mobile verification and providing necessary details in order to be eligible to access the relevant Services.
You are solely responsible for maintaining secrecy and confidentiality of Your login details including Your user name, password and user code (if any).
The User hereby agrees and acknowledges that the Platform will grant access to any person who has obtained Your username, password and code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under Your username, password and any code. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Platform. The User shall be responsible for all usage of the User’s account and password.
The User will have the ability to log out from all devices and reset their password by validating their login credentials (number and/or email). In case the User is unable to access their identifying login credentials, the User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company, its directors, shareholders, Affiliates, employees, associates, contractors or agents (“Personnel”) shall not be responsible in any manner for any Losses occurring from any breach of secrecy of Your username, password, user code or any unauthorized use of Your account, and You shall be liable for any Losses suffered by the Company or such other parties as the case may be, due to any unauthorized use of Your account.
User Information
You agree to provide true, accurate, up to date and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform.
For the use of the Platform Services, You will be required to use certain devices, software, and data connections, which we otherwise may not supply. For as long as You use the Platform Services, You consent to downloading and installing updates to the Platform Services, including automatically, downloading and installing such updates.
You are responsible for all carrier data plan and other fees and taxes associated with Your use of the Platform Services.
The Company shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.
You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/ register using the identity of any other Person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current, complete and not misleading at all times.
If You provide any information that is untrue, inaccurate, misleading, not current or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with the User Agreement, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever. Should any other User or Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by You, the Company, and its Personnel shall not be liable for any damages, Losses, direct, indirect, immediate or remote, interests or claims resulting from such information to You or to any third party. You hereby agree and undertake to indemnify and to hold harmless the Company, and its Personnel in accordance with the Indemnity clause contained in these Terms.
Once You have signed up on the Platform, You agree, allow and grant the Platform to gain access to Your mobile device to find and keep track of mobile phone numbers of other Users of the Service, Your location, inbuilt storage or other storage on Your mobile device, access to internet, control vibration, accounts on Your mobile device and such other data or information downloaded, added, edited, stored, processed, used, deleted on or from Your mobile device.
Electronic Communication
You agree to keep Yourself updated with all data, information and communication pertaining to You made available on the Platform by Pidge. You further agree that Your use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and You consent to receiving communication from Pidge via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/electronic record.
You understand You may have to bear/pay any charges associated with any such access (including text messaging charges for messages from Your mobile device). Our communications to You may include communication that would inform Users about various features of our services. The Company may also send You promotional information unless You have opted out of receiving such information.
We may need to provide You with certain communications/notifications, such as service announcements and administrative messages. These communications are considered part of the Services and Your account, and You may not be able to opt-out from receiving them. If You added Your phone number to Your account and You later change or deactivate that phone number, You must update Your account information to help prevent us from communicating with anyone who acquires Your old number.
Pidge will also provide order updates and tracking services to your end customer who will receive the order (“End Customer”) by sending a tracking link (a URL or hyperlink) to their mobile number or email address which shall be provided by you. You confirm that you have obtained all necessary consent and comply with all applicable laws when providing such information to Pidge with the purpose of communicating with your end customer. Pidge does not take any responsibility or liability for the accuracy of such information or any loss occurring to you due to the inaccuracy of such information.
User Obligations
You shall not:
host, display, upload, download, modify, publish, transmit, update or share any information which:
belongs to another person and which you do not have any right to;
is misleading or misrepresentative in any way;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
is false, inaccurate or misleading;
impersonates another person;
Additionally, you shall not commit any act(s) which:
which infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any related services, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain un-authorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other User or personal information, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Pidge and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of the Platform. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.
Pidge shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
Pidge regularly lists and showcases many of its prominent customers and their testimonials on its web page and may also feature You or your testimonial on its webpage or use such information for marketing purposes. You consent to the use of your name, company logo (or your employer’s name and company logo) and any testimonial that you provide to us to be used for such marketing purposes. Pidge respects its user’s personal information and will always handle and use your personal information in compliance with the Privacy Policy.
Disclaimers
The Platform may be under constant upgrades, and some functions and features may not be fully operational at times.
Due to the issues that can occur in the electronic distribution of information and 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 or delay or errors in functionality of the Platform. As a result, we do not warrant the accuracy of the information presented on the Platform.
The Company disclaims all liability that may arise due to any violation of any applicable Laws.
While the materials provided on the Platform were prepared to provide accurate information, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered 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 information provided hereunder is provided “as is”. 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.
We shall not be liable to You or anyone else for any Losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our Personnel be liable to You or any third party for any decision made or action taken by Your reliance on the content contained on the Platform.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason whatsoever; (b) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; or (c) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Intellectual Property
The Platform Services provided by Pidge are premised on a proprietary software developed and made available exclusively by Pidge. Pidge is the sole owner of the Platform and all software created to provide you with the Platform Services. Pidge provides you with a single limited license to download, use and access the Platforms on your devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, non-licensable and non-exclusive. All content on the Platforms, including but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Pidge. You may not copy, reproduce or use such Content without due attribution of ownership to Pidge. All icons and logos are trademarks of and proprietary to Pidge. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Nothing in these Terms will be considered to constitute a transfer of intellectual property rights from one party to the other.
All materials on the Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Pidge. You acknowledge and agree that all content on the Platform is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Pidge’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material.
Wallet
Subject to the terms and conditions contained herein, as part of the Platform Services, Pidge provides a Digital Wallet facility to You. The Digital Wallet is a closed wallet and cannot be used for any purpose outside of the Platform. The User can Recharge their account with the amount of their choice which can then be utilised for various purposes on the Platform.
The usage of the Digital Wallet shall be governed as per below terms and conditions:
The Digital Wallet is linked to your Account and each authorised User is authorised to add amounts to the Digital Wallet.
Amounts credited to the Digital Wallet can only be used for availing delivery Services from Pidge or any other delivery network partner or any other purpose specified on the Platform (and will also cover any associated taxes and charges unless specified);
Amounts once credited to the Digital Wallet cannot be refunded;
Any unused amount remaining in the account may expire if it is not used within one (1) year of last Recharge.
If the User Agreement is terminated, your access to the Platform Services is suspended or any of the termination events mentioned in Clause 18 have occurred, Pidge will have no responsibility to refund any balance amount remaining in Your Digital Wallet on the date of occurrence of such an event.
Pidge Delivery Service or any third party services
The Platform, in addition to the Platform Services, also allows you to fulfill delivery orders by using riders provided by Pidge or by other third parties. There might be separate terms and conditions governing these services in addition to these Terms.
The terms and conditions governing such delivery services will be provided on the Platform, at the time of selecting such service.
The User acknowledges that it has read and agrees with the terms and conditions that govern the usage of such delivery services from Pidge or from third parties.
Pidge does not provide any warranty of service for third party providers. Please read the terms of such third party service providers carefully before accepting and engaging their services.
https://pidge.in/delivery-service-terms/
Term and Payment
The Account and Platform Services will be active and accessible to all authorised Users from the date of registration until termination of the Use Agreement as specified in Clause 18 of these Terms.
In consideration for the Platform Services, Pidge will charge fees to the User (“Fees”). The latest rates and charges for each applicable Platform Service will be available on the Platform for the User or may be otherwise provided to you if you have entered into a separate agreement with Pidge to avail the Platform Services. We expect the User to be aware of the latest rates and charges for the Platform Services before availing such Platform Service. Pidge shall be entitled to charge on the Fees, any taxes applicable from time to time (“Taxes“). It is agreed that any statutory variations in Taxes during the subsistence of this Agreement shall be borne by the User. The Fees will be charged as a pre-determined amount on every instance of availing of Platform Services.
Third Party Links
To the extent that the Platform contains links to advertisement banners, information about outside services and resources offered by third parties, we do not give any express or implied warranties or guarantees regarding the content, services, and information provided on such linked websites. Any concerns regarding any such services or resources, or any link thereto, should be directed to the particular service or resource provider. We provide these links only for the convenience of visitors to the Platform. You can visit any and all of the linked websites entirely at your own discretion, however we shall assume no responsibility for the outcome of any such interactions.
Limitation of Liability
In no event shall Pidge or its Personnel or its suppliers, service providers and internal service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible Losses arising (in any manner whatsoever) out of or in connection with the Platform, or any services provided by third parties on the Platform or by Pidge.
The liability of Pidge under all circumstances is limited to the amount of charges/ fees, if any, paid by You to Pidge. Pidge, its Personnel and internal service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any information or communication provided on or through the use of the Platform or that of the operation of the Platform will be error free and/or uninterrupted. Pidge assumes no liability whatsoever for any monetary or other damage suffered by You on account of: (a) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; or (b) any delay, failure, interruption or errors in the operation of the Platform except as specified in these Terms or any Policies.
Indemnity for non-compliance or breach
You shall indemnify and hold harmless Pidge and the its, subsidiaries, its Personnel, Affiliates, internal service providers and their respective officers, shareholders, directors, agents, and employees, from and against any and all Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys’ fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement or resulting from untrue, inaccurate, misleading not current or incomplete information provided or verified by You.
Consent and Privacy Policy
By using the Platform and/or by providing Your Information, You consent to the collection and use of such Information disclosed by You on the Platform, by Pidge. The personal information / data including but not limited to the information provided by You to the Platform during the course of You being a registered User shall be retained in accordance with the Privacy Policy published on the Platform from time to time which is incorporated herein by reference and applicable Laws including but not limited to Information Technology Act, 2000 and rules there under. If You do not agree to Your information being transferred or used in this way, please do not use the Platform.
Pidge views the protection of User’s privacy as a very important community principle. Pidge clearly understands that You and the personal information provided by You is one of the most important assets to Pidge. Pidge stores and processes the information provided by You that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.
Breach and Termination
Without limiting other remedies that Pidge may pursue, and Pidge may at its sole discretion take such action as it deems fit including but not limited to cancellation of any ongoing Platform Services and deletion of the Account, limitation of Your activity on the Platform, removal of Your information, or warning other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your Account, and/or refuse to provide You with access to the Platform or initiate any legal action it may deem fit, particularly in the event: You breach any of the provisions of the User Agreement, any Policies, any of the documents, agreements between Pidge and You in addition to these Terms, terms and conditions made thereunder which are incorporated therein by reference; any misuse of Your account, in case Pidge is unable to verify or authenticate any information provided by You, if the Company believes that Your actions may cause legal liability to the Company, other Users or Yourself.
No actions, omissions or decisions taken by Pidge shall waive any rights or claims that Pidge may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the Platform or use the Platform in any manner whatsoever until such time that such User is reinstated by Pidge. Notwithstanding the above, if You breach the Terms or the Policies and other documents incorporated therein by reference or any other agreements entered into by Pidge and You in addition to the Terms, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against You.
You agree and acknowledge that we, in our sole discretion, without prior notification or intimation, may terminate your access to all or part of the Platform or cease to provide accessibility to the Platform, for reasons including but not limited to:
In response to the requests of law enforcement agencies or other government institutions;
In response to your own request;
The suspension or major modification of the website or any of its services;
Unforeseeable technical issues;
Occurrence of an event outside our control.
Pidge may terminate the User Agreement if you or the company, organization, government, or other legal entity the You represent:
commits a material breach of any of the terms and conditions of this Agreement, which if capable of cure or remedy, is not cured or remedied to Pidge’s satisfaction, within a period of fifteen (15) days from the date of issue of notice by Pidge of such breach;
are facing any insolvency, receivership, winding up, liquidation or bankruptcy proceedings (collectively referred to as “PROCEEDINGS”) whether commenced voluntarily or brought against it involuntarily if such Proceedings continue beyond ninety (90) days;
commits any act or omission in violation or is in breach of Applicable Law including but not limited to FCRA 2010.
All Your obligations and liabilities incurred prior to the termination date shall survive the termination of the User Agreement for all purposes.
Grievance Redressal Mechanism
In case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or Pidge, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at grievance@pidge.in and provide the Grievance Officer with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.
The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 (forty-eight) hours of receiving it. The Grievance Officer may requisite such information as he may require in order to look into the grievances/ complaints for resolving the same. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the Terms herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint.
Confidentiality
All communications between the You and Pidge and all confidential information given to or received by You from the Company, and all information concerning the business transactions of Pidge with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing to the Company.
Further the Company may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than other Users of the Platform.
This confidentiality obligation shall survive the termination of the agreement with and the User account of the concerned User.
Severability
If any provision of the User Agreement or the application thereof to any person or circumstance is determined to be invalid, unlawful, void or unenforceable to any extent for any reason including by reason of any applicable Law, the remainder of the User Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the User Agreement shall be valid and enforceable to the fullest extent permitted by Law. Any invalid or unenforceable provision of the User Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.
Governing Law and Jurisdiction
The User Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India. If any dispute arises between You and the Company during Your use of the Platform or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and/or any other agreement between the Company and You in addition to the User Agreement and any other documents incorporated therein by reference, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in New Delhi, India and You hereby submit to the jurisdiction of such courts.
Thank you for selecting the Services offered by R-Indventures Private Limited a company registered under the Companies Act, 1956, having its registered office at Plot No B, Khasra-360, Sultanpur, M.G. Road, New Delhi-110030, and/or its subsidiaries and affiliates (referred to as “Pidge“, the “Company”, “we“, “our“, or “us“). Please review these Terms of Use (“Terms“) thoroughly. These Terms constitute a binding legal agreement between you and Pidge. These Terms and the privacy policy (as available at pidge.in/privacy-policy) (“Privacy Policy”) (collectively “User Agreement”) forms an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules made there under, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time. This User Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the Platform. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Platform, you agree to the User Agreement. If you do not agree to the User Agreement, then you may not use the Platform.
Pidge reserves the right to update and change the Terms at any time without notice. Any new features that augment or enhance the current Platform Services, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Platform Services after any such changes shall constitute your consent to said changes.
General
For the purposes of these Terms, ‘User’ and wherever the context may require, ‘You’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.
Pidge enables the management of last-mile logistics processes including but not limited to the creation and management of orders, creation and management of delivery executives and assets, allocation of orders to 3rd-party delivery services delivery and status tracking, route management and resource allocation, communication to various stakeholders, and integrations with 3rd party platforms, among other services (“Platform Services”).
These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time.
Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms. Please read these Terms carefully before using or registering on the Platform or listing any item, accessing any material, information or Services, posting any information at or through the Platform.
As a User, the User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action is on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement and our Policies, please do not enter information as requested on the sign up page and click the “Accept” button or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.
By impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable policies of the Company including the Privacy Policy as published on the Platform (“Policies”) communicated to the Users by publication on the Platform.
The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.
Amendment
Pidge reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who Pidge believes has violated the provisions of these Terms or any Policy.
You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree by accessing, browsing or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that Pidge publishes the same on the Platform. Pidge will notify You of changes in terms and policies via direct communication (sms/email/etc), platform communication (banner or other notification on screen), or by necessitating logging in again on the platform.
Pidge shall not be liable to give any prior notice to the Users for any amendments to the User Agreement, which in the opinion of Pidge, has the effect of diminishing the User’s existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.
Definitions
“Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
“Authority” shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter.
“Digital Wallet” shall refer to the virtual wallet linked to your Account and provided on the Platform. Any balance amount remaining in the Digital Wallet can be utilised for various purposes on the Platform, including payment fee for the renewal of Services and for availing the delivery services provided by Pidge or its Delivery Network Partners.
“Grievance Redressal Officer” means the grievance redressal officer appointed by the Company in accordance with applicable Law, from time to time.
“Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, through usage of the Platform or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information.
“Law” or “Applicable Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
“License Details” shall mean any document, invoice or information sent to the Primary User’s registered email account as confirmation of payment and registration to avail the Platform Services. This may contain information such as duration and expiration of Services, payment confirmation, and other such information.
“License Term” shall mean the duration of the Platform Services noted in the License Details (or otherwise). The Platform Services shall begin on the day an account has been created by the Primary User or otherwise when a User first accesses the Platform and the License Term will end when the User Agreement is terminated.
“Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.
“Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not.
“Policies” shall mean and include the Privacy Policy and any other policies of Pidge as amended and provided on the Platform or communicated to the Users in any other way from time to time.
“Recharge” shall mean the act of crediting an amount to the Digital Wallet by the User.
“Services” shall mean the services rendered by the Platform as may be specifically notified by the Company on the Platform or by other means of communication from time to time, in accordance with the applicable Law, and currently includes acting as an intermediary or a facilitator for providing a platform web and/or mobile application for enabling the users to sell their products or services online.
“User(s)” shall mean a user of the Platform.
Eligibility
In order to use the Platform, You need to be 18 (eighteen) years of age or older. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872.
Pidge shall not be liable in case of any false information is provided by the User including User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable Law of the country to which the User belongs.
Pidge disclaims all liability arising out of such unauthorised use of the Platform and any third party liability arising out of Your use of the Platform if You are a minor.
Registration and Creation of Profile
Upon completion of the initial registration on the onboarding page and payment of the corresponding fee, a confirmation email will be sent to the registered email containing the License Details and subsequently, an account (“Account”) is created on the Platform that can be accessed by the person who registers and completes the payment of the Licensing Fee (“Primary User”).
A User (including the Primary User) can authorise other persons to access the Account and use the Services by inviting them as users through the Platform. The User confirms that it has informed or otherwise sought permission from the individual to share the personal details necessary for registration of any such individual as a User. The invited individual will have to explicitly accept an invitation to the User’s account.
The User is required to register and create a profile by creating a username and password or registering using mobile verification and providing necessary details in order to be eligible to access the relevant Services.
You are solely responsible for maintaining secrecy and confidentiality of Your login details including Your user name, password and user code (if any).
The User hereby agrees and acknowledges that the Platform will grant access to any person who has obtained Your username, password and code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under Your username, password and any code. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Platform. The User shall be responsible for all usage of the User’s account and password.
The User will have the ability to log out from all devices and reset their password by validating their login credentials (number and/or email). In case the User is unable to access their identifying login credentials, the User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company, its directors, shareholders, Affiliates, employees, associates, contractors or agents (“Personnel”) shall not be responsible in any manner for any Losses occurring from any breach of secrecy of Your username, password, user code or any unauthorized use of Your account, and You shall be liable for any Losses suffered by the Company or such other parties as the case may be, due to any unauthorized use of Your account.
User Information
You agree to provide true, accurate, up to date and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform.
For the use of the Platform Services, You will be required to use certain devices, software, and data connections, which we otherwise may not supply. For as long as You use the Platform Services, You consent to downloading and installing updates to the Platform Services, including automatically, downloading and installing such updates.
You are responsible for all carrier data plan and other fees and taxes associated with Your use of the Platform Services.
The Company shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.
You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/ register using the identity of any other Person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current, complete and not misleading at all times.
If You provide any information that is untrue, inaccurate, misleading, not current or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with the User Agreement, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever. Should any other User or Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by You, the Company, and its Personnel shall not be liable for any damages, Losses, direct, indirect, immediate or remote, interests or claims resulting from such information to You or to any third party. You hereby agree and undertake to indemnify and to hold harmless the Company, and its Personnel in accordance with the Indemnity clause contained in these Terms.
Once You have signed up on the Platform, You agree, allow and grant the Platform to gain access to Your mobile device to find and keep track of mobile phone numbers of other Users of the Service, Your location, inbuilt storage or other storage on Your mobile device, access to internet, control vibration, accounts on Your mobile device and such other data or information downloaded, added, edited, stored, processed, used, deleted on or from Your mobile device.
Electronic Communication
You agree to keep Yourself updated with all data, information and communication pertaining to You made available on the Platform by Pidge. You further agree that Your use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and You consent to receiving communication from Pidge via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/electronic record.
You understand You may have to bear/pay any charges associated with any such access (including text messaging charges for messages from Your mobile device). Our communications to You may include communication that would inform Users about various features of our services. The Company may also send You promotional information unless You have opted out of receiving such information.
We may need to provide You with certain communications/notifications, such as service announcements and administrative messages. These communications are considered part of the Services and Your account, and You may not be able to opt-out from receiving them. If You added Your phone number to Your account and You later change or deactivate that phone number, You must update Your account information to help prevent us from communicating with anyone who acquires Your old number.
Pidge will also provide order updates and tracking services to your end customer who will receive the order (“End Customer”) by sending a tracking link (a URL or hyperlink) to their mobile number or email address which shall be provided by you. You confirm that you have obtained all necessary consent and comply with all applicable laws when providing such information to Pidge with the purpose of communicating with your end customer. Pidge does not take any responsibility or liability for the accuracy of such information or any loss occurring to you due to the inaccuracy of such information.
User Obligations
You shall not:
host, display, upload, download, modify, publish, transmit, update or share any information which:
belongs to another person and which you do not have any right to;
is misleading or misrepresentative in any way;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
is false, inaccurate or misleading;
impersonates another person;
Additionally, you shall not commit any act(s) which:
which infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any related services, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain un-authorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other User or personal information, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Pidge and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of the Platform. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.
Pidge shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
Pidge regularly lists and showcases many of its prominent customers and their testimonials on its web page and may also feature You or your testimonial on its webpage or use such information for marketing purposes. You consent to the use of your name, company logo (or your employer’s name and company logo) and any testimonial that you provide to us to be used for such marketing purposes. Pidge respects its user’s personal information and will always handle and use your personal information in compliance with the Privacy Policy.
Disclaimers
The Platform may be under constant upgrades, and some functions and features may not be fully operational at times.
Due to the issues that can occur in the electronic distribution of information and 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 or delay or errors in functionality of the Platform. As a result, we do not warrant the accuracy of the information presented on the Platform.
The Company disclaims all liability that may arise due to any violation of any applicable Laws.
While the materials provided on the Platform were prepared to provide accurate information, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered 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 information provided hereunder is provided “as is”. 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.
We shall not be liable to You or anyone else for any Losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our Personnel be liable to You or any third party for any decision made or action taken by Your reliance on the content contained on the Platform.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason whatsoever; (b) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; or (c) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Intellectual Property
The Platform Services provided by Pidge are premised on a proprietary software developed and made available exclusively by Pidge. Pidge is the sole owner of the Platform and all software created to provide you with the Platform Services. Pidge provides you with a single limited license to download, use and access the Platforms on your devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, non-licensable and non-exclusive. All content on the Platforms, including but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Pidge. You may not copy, reproduce or use such Content without due attribution of ownership to Pidge. All icons and logos are trademarks of and proprietary to Pidge. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Nothing in these Terms will be considered to constitute a transfer of intellectual property rights from one party to the other.
All materials on the Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Pidge. You acknowledge and agree that all content on the Platform is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Pidge’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material.
Wallet
Subject to the terms and conditions contained herein, as part of the Platform Services, Pidge provides a Digital Wallet facility to You. The Digital Wallet is a closed wallet and cannot be used for any purpose outside of the Platform. The User can Recharge their account with the amount of their choice which can then be utilised for various purposes on the Platform.
The usage of the Digital Wallet shall be governed as per below terms and conditions:
The Digital Wallet is linked to your Account and each authorised User is authorised to add amounts to the Digital Wallet.
Amounts credited to the Digital Wallet can only be used for availing delivery Services from Pidge or any other delivery network partner or any other purpose specified on the Platform (and will also cover any associated taxes and charges unless specified);
Amounts once credited to the Digital Wallet cannot be refunded;
Any unused amount remaining in the account may expire if it is not used within one (1) year of last Recharge.
If the User Agreement is terminated, your access to the Platform Services is suspended or any of the termination events mentioned in Clause 18 have occurred, Pidge will have no responsibility to refund any balance amount remaining in Your Digital Wallet on the date of occurrence of such an event.
Pidge Delivery Service or any third party services
The Platform, in addition to the Platform Services, also allows you to fulfill delivery orders by using riders provided by Pidge or by other third parties. There might be separate terms and conditions governing these services in addition to these Terms.
The terms and conditions governing such delivery services will be provided on the Platform, at the time of selecting such service.
The User acknowledges that it has read and agrees with the terms and conditions that govern the usage of such delivery services from Pidge or from third parties.
Pidge does not provide any warranty of service for third party providers. Please read the terms of such third party service providers carefully before accepting and engaging their services.
https://pidge.in/delivery-service-terms/
Term and Payment
The Account and Platform Services will be active and accessible to all authorised Users from the date of registration until termination of the Use Agreement as specified in Clause 18 of these Terms.
In consideration for the Platform Services, Pidge will charge fees to the User (“Fees”). The latest rates and charges for each applicable Platform Service will be available on the Platform for the User or may be otherwise provided to you if you have entered into a separate agreement with Pidge to avail the Platform Services. We expect the User to be aware of the latest rates and charges for the Platform Services before availing such Platform Service. Pidge shall be entitled to charge on the Fees, any taxes applicable from time to time (“Taxes“). It is agreed that any statutory variations in Taxes during the subsistence of this Agreement shall be borne by the User. The Fees will be charged as a pre-determined amount on every instance of availing of Platform Services.
Third Party Links
To the extent that the Platform contains links to advertisement banners, information about outside services and resources offered by third parties, we do not give any express or implied warranties or guarantees regarding the content, services, and information provided on such linked websites. Any concerns regarding any such services or resources, or any link thereto, should be directed to the particular service or resource provider. We provide these links only for the convenience of visitors to the Platform. You can visit any and all of the linked websites entirely at your own discretion, however we shall assume no responsibility for the outcome of any such interactions.
Limitation of Liability
In no event shall Pidge or its Personnel or its suppliers, service providers and internal service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible Losses arising (in any manner whatsoever) out of or in connection with the Platform, or any services provided by third parties on the Platform or by Pidge.
The liability of Pidge under all circumstances is limited to the amount of charges/ fees, if any, paid by You to Pidge. Pidge, its Personnel and internal service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any information or communication provided on or through the use of the Platform or that of the operation of the Platform will be error free and/or uninterrupted. Pidge assumes no liability whatsoever for any monetary or other damage suffered by You on account of: (a) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; or (b) any delay, failure, interruption or errors in the operation of the Platform except as specified in these Terms or any Policies.
Indemnity for non-compliance or breach
You shall indemnify and hold harmless Pidge and the its, subsidiaries, its Personnel, Affiliates, internal service providers and their respective officers, shareholders, directors, agents, and employees, from and against any and all Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys’ fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement or resulting from untrue, inaccurate, misleading not current or incomplete information provided or verified by You.
Consent and Privacy Policy
By using the Platform and/or by providing Your Information, You consent to the collection and use of such Information disclosed by You on the Platform, by Pidge. The personal information / data including but not limited to the information provided by You to the Platform during the course of You being a registered User shall be retained in accordance with the Privacy Policy published on the Platform from time to time which is incorporated herein by reference and applicable Laws including but not limited to Information Technology Act, 2000 and rules there under. If You do not agree to Your information being transferred or used in this way, please do not use the Platform.
Pidge views the protection of User’s privacy as a very important community principle. Pidge clearly understands that You and the personal information provided by You is one of the most important assets to Pidge. Pidge stores and processes the information provided by You that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.
Breach and Termination
Without limiting other remedies that Pidge may pursue, and Pidge may at its sole discretion take such action as it deems fit including but not limited to cancellation of any ongoing Platform Services and deletion of the Account, limitation of Your activity on the Platform, removal of Your information, or warning other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your Account, and/or refuse to provide You with access to the Platform or initiate any legal action it may deem fit, particularly in the event: You breach any of the provisions of the User Agreement, any Policies, any of the documents, agreements between Pidge and You in addition to these Terms, terms and conditions made thereunder which are incorporated therein by reference; any misuse of Your account, in case Pidge is unable to verify or authenticate any information provided by You, if the Company believes that Your actions may cause legal liability to the Company, other Users or Yourself.
No actions, omissions or decisions taken by Pidge shall waive any rights or claims that Pidge may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the Platform or use the Platform in any manner whatsoever until such time that such User is reinstated by Pidge. Notwithstanding the above, if You breach the Terms or the Policies and other documents incorporated therein by reference or any other agreements entered into by Pidge and You in addition to the Terms, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against You.
You agree and acknowledge that we, in our sole discretion, without prior notification or intimation, may terminate your access to all or part of the Platform or cease to provide accessibility to the Platform, for reasons including but not limited to:
In response to the requests of law enforcement agencies or other government institutions;
In response to your own request;
The suspension or major modification of the website or any of its services;
Unforeseeable technical issues;
Occurrence of an event outside our control.
Pidge may terminate the User Agreement if you or the company, organization, government, or other legal entity the You represent:
commits a material breach of any of the terms and conditions of this Agreement, which if capable of cure or remedy, is not cured or remedied to Pidge’s satisfaction, within a period of fifteen (15) days from the date of issue of notice by Pidge of such breach;
are facing any insolvency, receivership, winding up, liquidation or bankruptcy proceedings (collectively referred to as “PROCEEDINGS”) whether commenced voluntarily or brought against it involuntarily if such Proceedings continue beyond ninety (90) days;
commits any act or omission in violation or is in breach of Applicable Law including but not limited to FCRA 2010.
All Your obligations and liabilities incurred prior to the termination date shall survive the termination of the User Agreement for all purposes.
Grievance Redressal Mechanism
In case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or Pidge, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at grievance@pidge.in and provide the Grievance Officer with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.
The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 (forty-eight) hours of receiving it. The Grievance Officer may requisite such information as he may require in order to look into the grievances/ complaints for resolving the same. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the Terms herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint.
Confidentiality
All communications between the You and Pidge and all confidential information given to or received by You from the Company, and all information concerning the business transactions of Pidge with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing to the Company.
Further the Company may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than other Users of the Platform.
This confidentiality obligation shall survive the termination of the agreement with and the User account of the concerned User.
Severability
If any provision of the User Agreement or the application thereof to any person or circumstance is determined to be invalid, unlawful, void or unenforceable to any extent for any reason including by reason of any applicable Law, the remainder of the User Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the User Agreement shall be valid and enforceable to the fullest extent permitted by Law. Any invalid or unenforceable provision of the User Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.
Governing Law and Jurisdiction
The User Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India. If any dispute arises between You and the Company during Your use of the Platform or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and/or any other agreement between the Company and You in addition to the User Agreement and any other documents incorporated therein by reference, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in New Delhi, India and You hereby submit to the jurisdiction of such courts.