a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
b) This document 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 of Use for access or usage of https://www.tuktukblue.com
c) The domain name https://www.tuktukblue.com ("Mobile Application/Website"), including its online services, such as use of software on Mobile Application/Website and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Mobile Application/Website is owned and operated by M/s Jodhpur E-Auto (“Firm”) a partnership firm duly registered under the Partnership Act, 1932 having its registered office at15-B Abhaygarh Scheme Airforce, Jodhpur - 342001 Rajasthan India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
d) For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
i) The term ‘You’ or “User” shall mean any legal person or entity accessing using this Mobile Application/Website to services provided or registered on this Mobile Application/Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms ‘We’, ‘Us’ &‘Our’ shall mean the Mobile Application/Website, Mobile Application and/or the Firm, as the context so requires.
iii) The terms ‘Party’& ‘Parties’ shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires.
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f) The use of the Mobile Application/Website by the user is solely governed by these Terms as well as the Privacy Policy (“Policy”), available on Mobile Application/Website and any modifications or amendments made thereto by the Firm from time to time, at its sole discretion. Visiting the home page of the Mobile Application/Website and/or using any of the services provided on the Mobile Application/Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other, save as provided in Clause 4 hereunder.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Mobile Application/Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Mobile Application/Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
h) The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Mobile Application/Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Mobile Application/Website
Tuktuk: Your Stylish and Eco-Friendly Urban Travel Solution
Discover a whole new way to traverse the city with Tuktuk – a contemporary and eco-conscious mode of transportation that brings you from one destination to another with style. Tuktuk is all about providing you an elevated experience, allowing you to pre-book your taxi ride for hassle-free travel, whether it's a late-night airport pickup or a convenient journey around town. Say goodbye to waiting in lines and embrace the convenience of Tuktuk.
Tuktuk is a forward-thinking platform that brings you the convenience of CNG and battery-operated auto services, enabling you to explore the city in a way that's both environmentally conscious and affordable. Our commitment to providing a modern, sustainable, and convenient mode of public transportation sets us apart.
With the sleek Tuktuk smartphone app, you have the power to make flexible payment modes cash or otherwise for your taxi ride. We understand that flexibility matters, which is why we offer multiple payment options, including cash, credit cards, plastic money, and UPI, catering to your preferred mode of payment.
Access comprehensive details about your booking, including pickup time, driver information, and estimated travel time. This ensures you are well-informed and prepared for a smooth journey.
In the rare event of a breakdown beyond repair before your ride is completed, Tuktuk will strive to ensure your journey's continuity. Our team will make every effort to arrange a Substitute Vehicle to take you to your destination. Please note that availability may impact the type of vehicle provided, though our utmost dedication to your comfort remains unchanged.
However, it's essential to recognize that Tuktuk holds no responsibility or liability for delays or losses incurred due to vehicle breakdowns or Substitute Vehicle arrangements.
We understand your eagerness to embark on your Tuktuk journey. To ensure smooth and timely bookings, our team will reach out to you before your scheduled pickup time. Your booking will be confirmed or declined based on vehicle availability at the designated pickup time.
Should any issues arise during the booking process, rest assured that our dedicated customer service line is at your disposal. Reach out to us, and we'll work diligently to resolve any concerns you may have.
Upon confirming your booking, we encourage you to carefully review the provided details, including pickup time and location. If you identify any discrepancies, please notify us promptly by calling our call centre. Please be aware that any delays resulting from your failure to check confirmation messages or inform Tuktuk of incorrect details will be your responsibility.
Remember, a booking is officially confirmed when the booking confirmation page is displayed, even if SMS or email delivery encounters issues.
Tuktuk reserves the right to reschedule, cancel, or delay journeys when circumstances necessitate such actions. We may also opt to substitute other vehicles as required. These decisions are made in the best interest of ensuring a smooth and safe travel experience for all passengers.
It's important to acknowledge that Tuktuk operates as a technology services provider, not a transportation carrier or agent for passenger transport. Our focus is on enhancing your travel experience through innovative solutions and sustainable practices.
With separate mobile applications designed specifically for riders and drivers, Tuktuk is redefining how you move through the city. Embrace the future of transportation with Tuktuk – your partner in stylish, eco-friendly, and convenient urban travel.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Mobile Application/Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Mobile Application/Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
c) You agree and acknowledge that https://www.tuktukblue.com control in any manner any transactions on the Mobile Application/Website. Accordingly, the contract of sale of services on the Mobile Application/Website shall be a strictly bipartite contract between you and the Mobile Application/Websiteon https://www.tuktukblue.com
The Firmreserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Mobile Application/Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Section 3 hereinabove.
Tuktuk is a platform where users have an access to relevant information pertaining to their choices of car taxi travel and passenger vehicles within the city of Jodhpur.
Tuktuk will make sure that our customers to be thrilled with their experience no matter what they decide they need. Whatever it is—a taxi ride to the airport, a private car ride home after a long day at the office—we'll make it happen and make sure that everything goes smoothly so that you can enjoy all the sights and sounds around you while on vacation with family or friends!
We look forward to providing the best taxi, auto cab services possible for all of our customers—and we hope that they'll keep coming back.
If you have any questions or concerns about your booking, just call our customer service line at 7688899299. We'll work it out for you!
In order to confirm your booking, we need to know what time and place you will be picking up your ride. If there are any discrepancies in that information, please let us know immediately by calling our call center at7688899299.
The user Account on the Mobile Application/Website through logging in by their third party Mobile Application/Website user ID and password including that of www.facebook.com, Mobile Application/Websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media Mobile Application/Website or any other Internet service as permitted on the Mobile Application/Website (User ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
By using this Mobile Application/Website, and providing his/her contact information to the Firmthrough the Mobile Application/Website, the User hereby agrees and consents to receiving calls, auto dialled and/or pre-recorded message calls, e-mails and SMSs from the Firm and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to-info@jodhpureauto. The User agrees and acknowledges that it may take up to seven (7) business days for the Firm to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Firm or any of its affiliates / partners relating to any service availed of by the User on the Mobile Application/Website or anything pursuant thereto. It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Policy.
a) Payments for the services offered by Mobile Application/Websiteshall be made through payment gateway CC Avenue, Net Banking, Cash, Credit card, Debit card, UPI and other wallets.
b) Firmoffer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
c) GST on all the above components shall be charge separately.
d) Firm has a right to hold or reclaim the Payment in cases of abuse, fraud or violation of agreement.
e) Children below age twelve (12) will not be allowed to book cab services for themselves nor will be allowed to travel, unless they are accompanied by an adult.
However, the Firm reserves the right to amend this fee policy for any or all services offered or sold. In such an event, the User will be intimated of the same when he/she attempts to access the Mobile Application/Website, and the User shall have the option of declining to avail of the services offered on the Mobile Application/Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
a. It is the duty of User to provide one’s true/accurate/complete information, and all the details relating thereof on the Mobile Application/Website.If any Use detail found to be false then Firmshall reserve the right on its sole discretion to reject the registration and debar the User from using the Services available on its Mobile Application/Website, without prior intimation whatsoever.
b. The User agrees to comply with all notices or instructions given by Firmfrom time to time to enable the use of the Services.
c. User shall take care to choose the right services and advised to check the service description carefully so Firm can deliver the same right.
d. The User shall promptly make the payment to Firmtowards theservicesbooked as and when it becomes payable.
e. The auto taxi services displayed on the Mobile Application/Website may not be available for you in your particular locality. The reference to such services on the Mobile Application/Website does not imply or warrant that theseservices will be available at any time in your particular geographical location
f. User shall indemnify and hold the Firm, harmless for any loss or damage arising out of User’s to comply with any applicable laws or regulations and for breach of the following warranties and representations.
g. The User shall at all times during the pendency of this agreement endeavor to protect and promote the interest of the Firmand ensure that there will be no damage to third party (client/customer) due to act/ omission on the part of the User.
h. User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Mobile Application/Website. Any such use / limited use of the Mobile Application/Website will only be allowed with the prior express written permission of the Firm. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Mobile Application/Website is expressly prohibited.
i. The user will be responsible for maintaining the confidentiality of the account and password for restricting access to your computer to prevent unauthorized access to the account.
j. The user shall be responsible for all activities that occur under user’s account.
a. The User further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Mobile Application/Website or the services and/or goods provided therein (or the servers and networks which are connected to the Mobile Application/Website);
iii. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
iv. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Mobile Application/Website;
v. Probe, scan or test the vulnerability of the Mobile Application/Website or any network connected to the Mobile Application/Website, nor breach the security or authentication measures on the Mobile Application/Website or any network connected to the Mobile Application/Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Mobile Application/Website, or any other customer of the Mobile Application/Website, including any User account maintained on the Mobile Application/Website not operated/managed by the User, or exploit the Mobile Application/Website or information made available or offered by or through the Mobile Application/Website, in any manner;
vi. Disrupt or interfere with the security of, or otherwise cause harm to, the Mobile Application/Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Mobile Application/Websites or any affiliated or linked Mobile Application/Websites;
vii. Collect or store data about other Users of the Mobile Application/Website.
viii. Use the Mobile Application/Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Mobile Application/Website or any other third party/ies;
ix. Violate any code of conduct or guideline which may be applicable for or to any particular service or product offered on the Mobile Application/Website;
x. Violate any applicable laws, rules or regulations currently in force within or outside India;
xi. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Mobile Application/Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xii. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xiii. Publish, post, or disseminate information that is false, inaccurate or misleading;
xiv. Commit any act that causes the Firmto lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Firm/Mobile Application/Website;
xv. The User hereby expressly authorises the Firm/Mobile Application/Website to disclose any and all information relating to the User in the possession of the Firm/Mobile Application/Website to law enforcement or other government officials, as Firmmay in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Firm/Mobile Application/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Mobile Application/Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
a) The Firm shall be legally authorized to sell/hire the services(s) listed for sale on Mobile Application/Website and have all the necessary licenses and permits required for such sale.
b) All listed services must be kept ready to serve the customer for successful fulfillment of sales.
c) Duty of Firmnot to mislead the description of any service or item and describe actual terms and conditions of the same.
d) Firm grants you a limited license to access and make personal use of this Mobile Application/Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Firmand / or its affiliates, as may be applicable.
(i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Tuktuk;
(iii) may be disabled by Tuktuk at any time for any reason without liability to Tuktuk;
(iv) may only be used pursuant to the specific terms that Tuktuk establishes for such Promo Code;
(v) are not valid for cash; and
(vi) may expire prior to your use;
(vii) customer acknowledges that he/she will not be personally notified of any such change/ amendment / addition /deletion/ modification to the Offer;
(viii) customer is advised to check for any such change/ amendment / addition /deletion/ modification regularly;
(ix) customer hereby unconditionally agrees to all such changes/ amendments/ additions/deletions/ modifications;
(x) the Offers will be applicable only on bookings made through Tuktukmobile application;
(xi) offer discounts may vary from one accommodation to another. Customer is advised to verify the applicable offers on a particular accommodation, before applying the offer code;
(xii) offers are applicable only on the base fare of the tariff, unless stated otherwise;
(xiii) One Offer cannot be combined with any other Offer(s), unless stated otherwise;
Any payment related issue, except when such issue is due to an error or fault in the Mobile Application/Website, shall be resolved between You and the Payment Processor. Tuktuk shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Mobile Application/Website.
You agree and acknowledge that You may cancel Your booking purchase at any point of time, subject to the following Cancellation terms:
You are responsible for ensuring that Your travel date, time and destination are correct before booking/reserving the tickets or when you select to confirm your ticket purchase on the App.
No changes in pick-up or drop-off locations is permissible, any changes will have to be dealt by cancelling ride and making a new booking or reservation. Customer will have to wait for his pickup, due to the nature of business where the car will pick up 2 or 3 other passengers. The passenger who needs to be picked up will get a notification when the driver starts to the pick-up location, and when they are 5 minutes away from the location, and when cab/Driver arrives at the location.The car will depart for the next pick up or the destination after 5 minutes of wait time. Upon departure where the individual misses the departure, the ticket will be considered no-show.
All cancellations can only be done via the Customer Service Center
Free Cancellation can only be done within two minutes of booking.
All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned.
In case of a Ride booked on our Application, you shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
Any issue reported on channels other than the above may be addressed by Tuktuk only on a best-effort basis. Tuktuk takes no liability for inability to get back on other channels.
Tuktuk shall endeavour to respond to Your issues within 7 (seven) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Tuktuk shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
By making a booking on Tuktukblue.com – customer acknowledges that Tuktuk will Call/Email/SMS or send alerts to give/take information regarding his/her bookings.
Notwithstanding other legal remedies that may be available to it,Firm may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Mobile Application/Website, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other Users or to the Mobile Application/Website/Firm, at the sole discretion of the Firm.
d) If User’ action ccopying or duplicating in any manner any of content or other information available from the Mobile Application/Website.
The User hereby expressly agrees to defend, indemnify and hold harmless the Mobile Application/Website and the Firm, its partners, affiliate Users,employees, officers, agents and their successors and assigns 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 User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Firm/Mobile Application/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Firm/Mobile Application/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Mobile Application/Website and/or the services, products or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Firm/Mobile Application/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this clause shall survive even after the termination or expiry of the Terms and/or Policy.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Mobile Application/Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Mobile Application/Website and other distinctive brand features of the Mobile Application/Website are the property of the Firm. Furthermore, with respect to the Mobile Application/Website created by the Firmthe Firm shall be the exclusive owner of all the designs, graphics and the like, related to the Mobile Application/Website.
The User may not use any of the intellectual property displayed on the Mobile Application/Website in any manner that is likely to cause confusion among existing or prospective Users of the Mobile Application/Website, or that in any manner disparages or discredits the Firm/Mobile Application/Website, to be determined in the sole discretion of the Firm. The User is aware that the products displayed on the Mobile Application/Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Mobile Application/Website/Firm, or to the User.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this clause shall survive even after the termination or expiry of the Terms and/or Policy.
a) Except as otherwise expressly stated on the Mobile Application/Website, all servicesoffered on the Mobile Application/Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) Information accessed throughFirmMobile Application/Website and other touch points is presented in summary form and is not exhaustive. Firmmakes no warranties or representations as to its accuracy or completeness. This information is provided "as is" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for particular purpose, or non-infringement.
c) The Firm/Mobile Application/Website does not guarantee that the functions and services contained in the Mobile Application/Website will be uninterrupted or error-free, or that the Mobile Application/Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Mobile Application/Website.
d) It is further agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Mobile Application/Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according toAny comments, feedback, ideas, suggestions, initiation, or any other content contributed by the User to the Firm or this Mobile Application/Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Firm to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Mobile Application/Website, and that use of such content by the Firm/Mobile Application/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Firm/Mobile Application/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Firm/Mobile Application/Website, for its use of any such information provided to it by the User. The Firm reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes/claim/refund/compensation arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of anydispute/claim/refund/compensation between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be in theJodhpur,Rajasthan, India.
c) This Agreement shall be governed by and construed in accordance with the laws of India. The Parties hereby agree to submit to the jurisdiction of the competent Courts at Jodhpur.
Any or all kind of communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User reducing the same to writing, and sending the same to the registered office of the Firm by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Firmwith respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision /clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.