The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you , yourself, Cab/Taxi Driver, Pro Traveller, Traveller and Logier Technologies Private Limited (owner of “Travier”), henceforth referred to as “Travier” , a service of private limited liability company “Logier Technologies Pvt Ltd”. In order to use the TRAVIER services, you must agree to the terms and conditions that are set out below.

This document is an electronic record as per the provisions of Information Technology Act, 2000 and rules framed thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the "I HAVE READ & AGREE T&C/Continue" button on the Platform, you are consenting to be bound by this Agreement for using the Platform for the purpose of delivering the Services. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE CLAUSES BEFORE YOU USE THE SERVICE OF THE PLATFORM, AS YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN upon ticking on the "I HAVE READ & AGREE T&C" button. If You do not accept any of this Agreement, please do not use the Platform or avail any of the Services being provided therein. YOUR AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND TRAVIER IN RESPECT OF THE SERVICES OF THE PLATFORM.

TRAVIER "online" (i.e. web and mobile services, which includes web sites operated by TRAVIER such as www.travier.in , mobile applications, however accessed and/or used via personal computers, mobile devices or otherwise) and "offline" (i.e. collection of data through electronic or surface mailings, telephone, or in person) activities owned, operated, provided, or made available by the company. TRAVIER "online" and "offline" activities are collectively termed as the "Services".

By using or receiving any services supplied to you by the company, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the agreement, and any future amendments and additions to this agreement as published from time to time through the services.

The company reserves the right to modify the terms and conditions of this agreement or its policies relating to the service or software at any time, effective upon posting of an updated version of this agreement on the service or software. You are responsible for regularly reviewing this agreement. Continued use of the service or software after any such changes shall constitute your consent to such changes.

Your engagement with TRAVIER to use the services of the Platform are subject to your acceptance of the Clauses as specified in this Agreement. TRAVIER reserves the right, at its sole discretion, to change, modify, add or remove these terms and conditions, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the terms and conditions periodically for changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the changes. As long as You comply with this Agreement, TRAVIER grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service on the Platform.

  1. Definitions
  2. Unless the context otherwise provides or requires, the following words and expressions used in this Agreement shall have the meaning as provided to them herein below:

    1. "Acceptance" means your affirmative action of clicking on the box against the words "I have read & agree T&C "provided at the Traveler Entry page including the T&C, by which action, you unequivocally accept the Traveler T&C and any modifications thereof.
    2. "Agreement" shall mean the Services Agreement executed between TRAVIER and the Traveler/ProTraveler pursuant to which the Traveler has agreed to undertake Services.
    3. "Applicable Law" shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy, notification, circular or other pronouncement or any similar form of decision of, or determination by or any interpretation, administration and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board having the effect of law in India, as in effect or which may come in effect on a future date.
    4. "Business Day" means a day (other than national gazette holidays, and bank holidays in the Territory) on which nationalized banks are generally open in India for the conduct of banking business and comprising of normal working hours."
    5. "Traveler" or "Pro-Traveler" or "You" or "Your" or "Yourself" shall mean an individual who has executed Agreement for the provision of Services.
    6. "Traveler information" shall mean and include any personal data collected from the Traveler including know your client documents with Traveler's bank, copies of valid government issued Vehicle registration certificate, detail of Travels, Vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership, registration and compliance under welfare legislations for Traveler and any other information that TRAVIER may deem fit.
    7. "Fees or Earning" means the consideration payable by TRAVIER to the Traveler for providing the Services as contemplated under this Agreement as per the General Terms and Conditions.
    8. "Services" means the Traveler and APP Platform Services technology-based services provided by TRAVIER for the delivery of package/consignments from one place to another by giving opportunity to the regular Traveler as well as Cab/Taxi/Bus Driver/ Transporter to act as a courier medium.
    9. "Tax" means all forms of present and future taxes (including but not limited to Indirect Taxes), deductions, withholdings, duties, imposts, levies, cesses, fees, charges, social security contributions and rates imposed, levied, collected, withheld or assessed by any Governmental Authority or other taxing authority in India or elsewhere and any interest, additional taxation, penalty, surcharge, cess or fine in connection therewith and "Taxes" shall be construed accordingly.
    10. "We" or "Us" or "Our" or "TRAVIER" shall mean Logier Technologies Private Limited, a company incorporated under the Companies Act, 1956, and having its registered office at D-103, Shaheen Bagh, Jamia Nagar, Okhla, New Delhi, 110025 and its corporate office at 4th Floor, "TBIF Building" Visvesvaraya Block, New Campus , IIT Ropar, Roopnagar, Punjab, 140001, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates and assigns.

  3. Interpretation
  4. Unless the context of this Agreement otherwise requires:

    1. the recitals, annexures, terms and conditions, attachments, fees receipts, invoices and schedules shall constitute an integral and operative part of this Agreement.
    2. a word or an expression, which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).
    3. Heading and bold typeface in this Agreement are for convenience only and shall be ignored for the purposes of interpretation.
    4. The use of the word "including" followed by a specific example(s) in these Agreement, shall not be construed as limiting the meaning of the general wording preceding it.
    5. The rule of construction, if any, that any clause should be interpreted against the parties responsible for drafting and preparation thereof, shall not apply.
    6. Reference to any clause, article, section or schedule shall mean a reference to a clause, article, section or schedule of these Agreement, unless specified otherwise.
    7. Reference to any Applicable Law shall mean a reference to that law as amended, consolidated, supplemented or replaced.
    8. all references to this agreements, documents or other instruments include all documents attached to this Agreement (subject to all relevant approvals) a reference to this agreement, document or instrument as amended, supplemented, substituted, novated or assigned from time to time.
    9. unless the context otherwise requires, the singular includes the plural and vice versa.
    10. the words 'hereof', 'herein', and 'hereto' and words of similar import when used with reference to a specific clause in, or Schedule to, this Agreement shall refer to such clause in, or Schedule to, this Agreement, and when used otherwise than in connection with specific clauses or Schedules, shall refer to the Agreement as a whole.
    11. headings and the use of bold typeface shall be ignored in its construction.
    12. references to this Agreement shall be construed as references also to any separate or independent stipulation or agreement contained in it.
    13. the words "other", "or otherwise" and "whatsoever" shall not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.
    14. references to any law shall include references to such law as it may, after the date of this Agreement, from time to time be amended, supplemented or re-enacted. and,
    15. words and abbreviations, which have, well known technical or trade/commercial meanings are used in the Agreement in accordance with such meanings.

  5. Term & Condition
    1. This Agreement shall become effective on the Effective Date and shall remain in full force with automatic renewal of the agreement by the Parties (unless terminated by TRAVIER).
    2. Traveler as service partner agrees for the documents to be sent for background verification and this contract stands null and void and the services terminated with immediate effect if there is any discrepancy found.
    3. TRAVIER may terminate this Agreement of the Traveler/ProTraveler without assigning any reason whatsoever.
    4. TRAVIER shall be entitled to terminate this Agreement forthwith without any notice thereof, if the Traveler/ProTraveler does not provide the Services in accordance with the scale-up plan agreed for the Services.
    5. Termination of this Agreement shall be without prejudice to the acquired rights and obligations of the parties existing at the date of termination (including the right to take action in respect of the circumstances giving rise to termination) and shall not affect any other rights and remedies available to the party terminating the Agreement.

  6. Representations & Warranties
  7. In order to register as a Traveler/ProTraveler, the Traveler/ProTraveler must be above 18 years of age and is enrolled with all the welfare schemes as provided by any Governmental Authority and must share the requisite documents with TRAVIER from time to time for compliance purposes only.

    You acknowledge and agree that at all times the Traveler/ProTraveler must hold and maintain:

    1. a valid driver's license, Registration Certificate (if applicable) with the appropriate level of certification to operate the Vehicle driven/ridden by You, and
    2. all licenses, permits, approvals and authority applicable to the Vehicle (if applicable) that are necessary to provide the Services.
    3. the appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence. and
    4. high standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.
    5. Any of the document proof like Adhar card, Voter I Card, PAN Card etc. for Identity Verification.

    The Traveler/ProTraveler confirms that TRAVIER does not own ordinary way control or own the Vechicles used by a Traveler as a mode of transport. TRAVIER shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of service rendered by the Traveler/ProTraveler to the Sender/Receiver.

    The Traveler/ProTraveler agrees and acknowledges that the upon acceptance of an order by the Traveler/ProTraveler, Services undertaken by him shall constitute a separate contract for services under the Applicable Laws or any successor legislations, between the Traveler/ProTraveler and the User such as Sender/Receiver, to which TRAVIER is not a party.

    Notwithstanding anything as contained herein and in addition to the responsibilities of the Traveler/ProTraveler specifically in the segment of 2 (Two) wheeler Vehicles, the Traveler/ProTraveler also being a driver which may or may not be under his ownership as to the right, title and interest on the Vehicle, is responsible and liable for all loss or damages as to any matter arising from the Vehicle including the claims, demands, charges, expenses, show cause, detention, litigation and but not limited to objections, etc. as may be raised by a third party, family or related members, appropriate authorities, police functionary, etc. and shall keep TRAVIER indemnified from all such claims from time to time during the course during the term of this Agreement.

  8. Fee& Taxes
    1. In consideration for performance of the Services in accordance with the requirements of this Agreement, the Traveler/ProTraveler shall be entitled to receive the Fees earmarked by Travier on or after deduction of applicable Taxes.
    2. All payments due to the Traveler/ProTraveler shall be made by a crossed pay order cheque in favor of Name of Traveler/ProTraveler or through net banking / NEFT / RTGS etc., as decided by Travier from time to time.
    3. The Traveler/ProTraveler do hereby authorize TRAVIER to collect any payments against the Services and to make such payments to the account as provided and consented to TRAVIER by the Traveler/ProTraveler from time to time. TRAVIER hereby disclaims all liabilities which may arise from all obligations under this clause as the acts will be performed as per the prior and voluntary consent provided by the Traveler/ProTraveler in own discretion. The Traveler/ProTraveler have no objection on any of the above-mentioned commercial transactions with TRAVIER.
    4. Before making payments to the Traveler/ProTraveler, TRAVIER shall be entitled to deduct commission or its own service charges including the deduction of Taxes at source.
    5. The Traveler/ProTraveler acknowledges and agrees that in the event, any Tax proceedings are initiated against TRAVIER, the Traveler/ProTraveler shall fully cooperate with TRAVIER by furnishing the relevant information related to the supply provided to TRAVIER on a timely basis as may be required by TRAVIER. Furthermore, all the damages and other costs incurred by TRAVIER due to any fault of the Traveler/ProTraveler, the Traveler/ProTraveler shall indemnify TRAVIER for all such damages and other costs.
    6. The Fees payable to the Traveler/ProTraveler is exclusive of all applicable central, state and other Taxes at the time of execution of this Agreement. and
    7. The Traveler/ProTraveler shall be solely responsible to pay the Taxes or any other applicable taxes with respect to the provision of Services provided to TRAVIER

  9. Traveller/Pro-Traveller's Obligations
  10. Each Person hereby obligates that:

    1. The Traveler/ProTraveler shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, the Traveler/ProTraveler are prohibited from selling, trading, or otherwise transferring Your Account to another party.
    2. Traveler/ProTraveler hereby provides consent to TRAVIER to access, use or share data and information including but not limited to location information, contacts information, transaction information, usage and preference information, device information, call and SMS data and Log information related to subscription to TRAVIER's platform. The Traveler/ProTraveler expressly confirms that some of the call related information may be personal in nature.
    3. The Traveler/ProTraveler is capable of entering in the present Agreement, pursuant to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.
    4. All Traveler/ProTraveler Information provided shall be true and correct and no information that could impact the Traveler/ProTraveler performance to render Services pursuant to these Traveler/ProTraveler T&C and shall not be hidden from TRAVIER anytime during the subsistence of these Traveler/ProTraveler T&C.
    5. The Traveler/ProTraveler has not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, the Traveler/ProTraveler is not a party to any pending litigation, which shall materially affect Your obligations under these Traveler/ProTraveler T&C.
    6. all licenses, permits, approvals and authority applicable to the Vehicle utilized by You that are necessary to provide Services.
    7. the appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence.
    8. You acknowledge and agree that You may be subject to certain background, traveling and driving record checks from time to time.
    9. You shall not use TRAVIER Platform's information but not limited thereto ("Confidential Information") for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
    10. You shall ensure all obligations related to a comprehensive insurance including without limitation insurance of Vehicles, third party, goods, driver, Sender etc. to meet any accidental eventuality etc. and the hirer/consignor/consignee shall not be liable for any thing whatsoever.
    11. The Traveler/ProTraveler will have a functioning mobile number and also have the ability to read and send SMSs from TRAVIER, regarding the Sender details, kms and time reading, amount paid by the Sender and to convey Sender feedback. Traveler/ProTraveler shall maintain all documents pertaining to the personal details and where about so fall.
    12. The Traveler/ProTraveler will be maintaining certain standard ratings on the Platform which will be depending upon the transparent process and parameters of TRAVIER, failure to adhere with the rating process will have an impact in the Services which will be solely decided by TRAVIER from time to time.
    13. Any discounts given to the Sender, if any, will be decided by TRAVIER based on a case-to-case basis and Traveler/ProTraveler shall agree to the same without demur or protest.
    14. The Traveler/ProTraveler shall ensure and shall be solely responsible to ensure that before the Pickup and Drop off, the device/phone is available for the TRAVIER. The Traveler/ProTraveler's phone should not be busy for long, unavailable or switched off. Doing this will lead to deductions in the amounts in form of penalty to be paid to Traveler/ProTraveler by adjusting the amount in Traveler/ProTraveler Fees or Earning.

  11. Relationship
  12. The relationship between the parties is that of independent contractors and/or workers. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employer-employee, agency, or other relationship between the Parties. The Traveler/ProTraveler shall have no right to exercise control over TRAVIER's performance of its obligations under this Agreement and TRAVIER shall not have, and shall not represent that it has, any right or authority to bind the Traveler/ProTraveler, or to assume or create any obligation or responsibility, express or implied, on behalf of Traveler/ProTraveler.

  13. Sub-Contracting
  14. The Traveler/ProTraveler shall not sub-contract any part of the Services under this Agreement to any third party without prior written consent of TRAVIER. Notwithstanding any such sub-contracting, if consented by TRAVIER, the Traveler/ProTraveler shall remain primarily liable and always obligated to TRAVIER hereunder.

  15. Assignment
  16. Subject to clauses of this Agreement, TRAVIER may assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of the Traveler/ProTraveler.

  17. Intellectual Property Ownership Right
  18. Except as expressly set forth herein, as between the Parties, TRAVIER shall remain the owner of all intellectual property that it owns or controls as of the Effective Date or that it develops or acquires thereafter. Nothing in this Agreement will function to transfer any of either party's intellectual property rights to the other party and each party will retain exclusive interest in and ownership of its intellectual property developed before this Agreement or developed outside the scope of this Agreement

  19. Indemnification
  20. The Traveler/ProTraveler shall indemnify TRAVIER from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims in general and any provision which forms a part of this Agreement, demands, actions and proceedings, which TRAVIER may incur or sustain directly or indirectly from any breach by Traveler/ProTraveler of its obligations here under or any breach of Traveler/ProTraveler's representations and warranties, or by any reason, or in real action to the provision or proposed provision of the services by Traveler/ProTraveler and Traveler/ProTraveler shall forthwith pay all such sums forthwith on demand by TRAVIER in writing.

    Notwithstanding any other provisions of this Agreement, the Traveler/ProTraveler shall be liable to TRAVIER for indirect, special, or consequential damages arising out of or in connection with the provision of Services under this Agreement.

    The Traveler/ProTraveler agrees that in the event of any loss or damage to the TRAVIER, that is from the time they are entrusted to the Traveler/ProTraveler till they have delivered the requisite services to the TRAVIER, due to any reason whatsoever, except for Force Majeure, the Traveler/ProTraveler shall make good the loss, costs, charges, and expenses that the TRAVIER may suffer or incur in accordance with the terms of this Agreement.

    Indemnify TRAVIER in accordance with the provisions of this Agreement. and The Traveler/ProTraveler shall be solely liable for all offences and penalties relating to the Services.

  21. limitation Of Liabillity
  22. TRAVIER's maximum liability to the Traveler/ProTraveler in any event, which includes any failure by TRAVIER under this Agreement, shall be restricted and limited to a maximum amount of INR 200 (Indian Rupees Two Hundred Only) in the aggregate during the Term. There will be no limitation of liability on the part of the Traveler/ProTraveler at any point of time due to any indemnity provisions as contained in this Agreement.

  23. Force Majeure
    1. Force Majeure Event
    2. "Force Majeure Event" means any circumstance not within a Party's reasonable control including, without limitation:

      1. acts of God, flood, drought, earthquake or other natural disaster.
      2. epidemic or pandemic
      3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations.
      4. nuclear, chemical or biological contamination or sonic boom.
      5. any law or any action taken by a Governmental Authority or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent.
      6. collapse of buildings, fire, explosion or accident.
      7. any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party).
      8. non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause). and
      9. interruption or failure of utility service.

    3. Effect of a Force Majeure Event
    4. Provided it has complied with this clause, if a Party is prevented, hindered, or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event ("Affected Party"), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly. The corresponding obligations of the other Party will be suspended, and it's time for performance of such obligations extended, to the same extent as those of the Affected Party.

    5. Obligations of an Affected Party
    6. The Affected Party shall:

      1. as soon as reasonably practicable after the start of the Force Majeure Event but no later than 3 days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement. and
      2. use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations

    7. Right to terminate in case of a Force Majeure Event
    8. Without prejudice to clause (Term and Termination), if the Force Majeure Event prevents, hinders, or delays the Affected Party's performance of its obligations for a continuous period of more than 3 days, the Party not affected by the Force Majeure Event may terminate this Agreement by giving a written notice to the Affected Party.

  24. Survival
  25. Any terms and conditions that by their nature or otherwise reasonably should survive a cancellation or termination of this Agreement shall be deemed to survive the cancellation or termination of this Agreement. Such terms and conditions include, but are not limited to, Term and Termination, Representations and Warranties, Relationship, Intellectual Property Ownership Rights, Indemnification, Governing Law, Dispute Resolution, Severability and Disclaimer.

  26. Governing Law
  27. This Agreement shall be governed by, and construed in accordance with, the laws of India, without regard to the principles of conflict of laws.

  28. Dispute Resolution
    1. TRAVIER does not warrant that You will be able to use TRAVIER's Platform and/ or will be able to provide the Services at all times or locations on TRAVIER Platform or that TRAVIER Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of being corrected by the TRAVIER in a timely fashion. The Platform Services, Platform, Device, the output generated there from, and all other technology developed by TRAVIER are provided to you on an "AS IS" and "AS AVAILABLE" basis and TRAVIER specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, any assurance of minimum business guarantee with respect to any Fees or any other warranty arising from the course of performance or course of dealing.
    2. TRAVIER shall not be responsible or liable for any loss or damage, how so ever caused or suffered by the Traveler/ProTraveler arising out of Traveling while providing services to the sender,
    3. The Platform makes available general third-party information and other data from external sources ("Third Party Content"). The provision of Third-Party Content is for general informational purposes only. The Traveler/ProTraveler acknowledges that the Third-Party Content provided is obtained from sources believed to be reliable. TRAVIER does not provide any guarantee with respect to any Third-Party Content and TRAVIER shall not be held liable for any loss suffered by the Traveler/ProTraveler based on the reliance placed on or use of Third-Party Content. Further, to the extent that such Third-Party Content is infringing upon some other party's intellectual property rights or proprietary rights, TRAVIER shall not be held liable for the same at any instances.

  29. Entire Agreement
  30. This Agreement, together with the schedules and other documents specifically attached or referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior understandings, promises, representations, agreements, and negotiations between the parties, oral or written. No amendment or modification of this Agreement shall be binding unless made in writing and duly signed by both parties.

  31. Waiver
  32. Each party agrees that any delay or omission on the part of the other party to exercise any right, power or remedy under this Agreement will not automatically operate as a waiver of such right, power or remedy or any other right, power or remedy and no waiver will be effective unless it is in writing and delivered to the other party. Further, the waiver or the single or partial exercise of any right, power, or remedy by either party hereunder on one occasion shall not be construed as a bar to a waiver of any successive or other right, power or remedy on any other occasion.

  33. Disclaimer
    1. TRAVIER does not warrant that You will be able to use TRAVIER's Platform and/ or will be able to provide the Services at all times or locations on TRAVIER Platform or that TRAVIER Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of being corrected by the TRAVIER in a timely fashion. The Platform Services, Platform, Device, the output generated there from, and all other technology developed by TRAVIER are provided to you on an "AS IS" and "AS AVAILABLE" basis and TRAVIER specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, any assurance of minimum business guarantee with respect to any Fees or any other warranty arising from the course of performance or course of dealing.
    2. TRAVIER shall not be responsible or liable for any loss or damage, how so ever caused or suffered by the Traveler/ProTraveler arising out of the use of the service offered by TRAVIER or due to the failure of TRAVIER to provide services to the consignor/consignee for any reason whatsoever including but not limited to any Sender's noncompliance with the services offered by TRAVIER, which includes, but is not limited to any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele transmission or telecommunication system or other circumstances whether or not beyond the control of TRAVIER or any person or any organization involved in the above mentioned systems. The Traveler/ProTraveler shall also be liable to TRAVIER for any loss caused to TRAVIER due to the negligence of the Traveler/ProTraveler and/or his appointed operators/contractors and or any unlawful act or omission in the performance of the services. Without prejudice to the above, TRAVIER shall not be liable for any direct or indirect loss or damage, which may be suffered by the Traveler/ProTraveler as a result of any failure by a consignor/consignee to show up within any stipulated time even if TRAVIER has agreed to such timing or even if the Sender has a devised TRAVIER of the possibility that he/she may not show up within the stipulated time. and
    3. The Platform makes available general third-party information and other data from external sources ("Third Party Content"). The provision of Third-Party Content is for general informational purposes only. The Traveler/ProTraveler acknowledges that the Third-Party Content provided is obtained from sources believed to be reliable. TRAVIER does not provide any guarantee with respect to any Third-Party Content and TRAVIER shall not be held liable for any loss suffered by the Traveler/ProTraveler based on the reliance placed on or use of Third-Party Content. Further, to the extent that such Third-Party Content is infringing upon some other party's intellectual property rights or proprietary rights, TRAVIER shall not be held liable for the same at any instances.

  34. Miscellaneous
    1. This Agreement may be executed and delivered in two counterparts, each of which shall be deemed as an original, or by facsimile or other electronic copies, such as by email. The parties agree that such facsimile or electronic execution and shall have the same force and effect as of an original document with original signatures.
    2. All remedies of either party under this Agreement whether provided herein or conferred under statute, civil law, common law, custom or trade usages, are cumulative and not alternative and may be enforced successively or concurrently.
    3. Each party shall bear its own costs in connection with its obligations under this Agreement. Further, all charges and expenses including stamp duty or otherwise in relation these presents shall be borne and paid by the Traveler/ProTraveler. The Traveler/ProTraveler shall bear and pay their own advocates' fees.
    4. Each party will act in good faith in the performance of its respective responsibilities under this Agreement and will not unreasonably delay, condition, or withhold the giving of any consent, decision or approval that is either requested or reasonably required by the other party to perform its responsibilities.
    5. No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorized representatives). The Parties agree that that the Parties may entire into one or more written addendums from time to time to supplement, modify, or alter the terms of this Agreement.
    6. Any violation of any provision hereof, any incomplete or mistaken performance of any obligation provided hereunder, any misrepresentation made hereunder, any material nondisclosure or omission of any material fact, or any failure to perform any covenants provided hereunder by any Party shall constitute a breach of this Agreement. The breaching Party shall be liable for any such breach pursuant to the applicable laws. On breach of covenants of agreement by defaulting party, consequently other party of the agreement will be discharged from all its obligations and liabilities from the moment breach is committed till the time breach is corrected.
    7. This Agreement shall be binding and inure to the benefit of the Parties and their respective legal representatives, administrators, executors, and permitted assigns.
    8. The Parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that the electronically signed document (including this Agreement) shall be deemed (i) to be "written" or "in writing," (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or "printouts," if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible between the parties to the same extent as physical signed document.
    9. RPO and Non-Disparagement
      • The Traveler/ProTraveler shall provide the Services with the due care, skill and diligence of a reasonable prudent operator ("RPO") and shall procure that any person performing under this Agreement shall provide the Services to the best of his/her ability and in accordance with the standards of an RPO. For the purposes of this Agreement, a "RPO" means a person seeking in good faith to perform its contractual obligations and in so doing and in the general conduct of its undertaking, exercises that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator complying with all Applicable Laws and statutory obligations, engaged in same type of undertaking, under the same or similar circumstances and conditions and any reference to the standards of a RPO will be construed accordingly.
      • Specifically, the Traveler/ProTraveler shall ensure that the Services are provided in compliance with the Motor Vehicles Act, 1988, Motor Transport Workers Act, 1961 or any Rules made thereunder, Carriage by Road Act 2007 and Carriage by Road Rule 2011 and in strict compliance with the provisions of any Applicable Laws along with this Agreement.
      • The Traveler/ProTraveler agrees to provide the Services in a manner so as to advance the business interests and goodwill of TRAVIER. Specifically, the Traveler/ProTraveler agrees not to, and shall ensure that they do not, (a) form any union, trusts, association, society or any other type of entity. or (b) hold meetings, conference or any other form of gathering of 5 or more, to discuss this Agreement, the Services and payments provided hereunder and/or the general affairs of TRAVIER.
      • The Traveler/ProTraveler shall not directly or indirectly engage in any conduct averse to the best interests of TRAVIER. The Traveler/ProTraveler shall not, and shall ensure that they and other employees do not disparage or make any negative comments (either oral or in writing) about, TRAVIER or any of its officers, employees, directors or other representatives.
      • The Traveler/ProTraveler shall be directly liable for on all cases as may be initiated through the Vehicle during the engagement hours while providing the Services. and
      • Notwithstanding to anything contained anywhere in this Agreement, breach of this clause by the Traveler/ProTraveler shall entitle TRAVIER to terminate this Agreement and TRAVIER shall be entitled for all indemnification from the Traveler/ProTraveler, as per this Agreement.
    10. Branding and Advertising on the Vehicles
      • The ProTraveler and/ will allow TRAVIER or its Senders to advertise / brand on its Vehicle(s) (including but not limited to any branding / advertising, if at any point of time, as requested by TRAVIER on such terms and conditions as may be specified by TRAVIER and if accepted by the Traveler/ProTraveler and/or its driver(s), from time to time).
      • The ProTraveler shall comply with all the applicable law(s) / regulations for branding / advertising on its Vehicle(s) as defined by the state/central transport corporation/authority. The Traveler/ProTraveler and/or the driver(s) shall be solely responsible for compliance with the laws / regulations of the state/central transport corporation/authority (including the regional transport offices where the Vehicle got registered, local bodies, regulatory agencies (local / state / central) i.e. ensuring to get the TRAVIER branding approval in their Vehicle from the respective regional transport offices/state transport authority, where the Vehicle got registered within the prescribed time period. The Traveler/ProTraveler and/or the driver(s) shall be solely responsible for any liability, loss, action and / or penalty arising out of any non-compliance with the applicable laws in relation to such branding / advertising and TRAVIER will not be responsible for such liability in any manner.
      • The ProTraveler may not opt-out of any branding / advertising program of TRAVIER or its Senders (as applicable) and stop branding / advertising on its Vehicle(s) as per its convenience, provided however that the ProTraveler and/ shall be solely liable and accountable for any responsibility(ies) / liability(ies) / loss(es) / action(s) / penalty(ies) by any government, regional transport office(s) /police/ local / regulatory body(ies) arising during the time they opted for such branding/advertising activity any such-opt out from branding / advertising program of TRAVIER or stoppage of branding / advertising their Vehicles, by the Traveler/ProTraveler and/or the driver(s), shall not absolve them from. and
      • Non-adherence of this clause by the ProTraveler shall be deemed to be a breach of this Agreement by the Traveler/ProTraveler and/or the driver(s) and TRAVIER may terminate this Agreement without any notice and further, the Traveler/ProTraveler and/or the driver(s) agrees to indemnify TRAVIER from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis), claims, demands, actions and proceedings, which TRAVIER may incur or sustain directly or indirectly from any breach by ProTraveler of its obligations here under or any breach of Traveler/ProTraveler and/or the driver(s's representations and warranties, or by any reason, or in real action to the provision or proposed provision of the services by ProTraveler shall forthwith pay all such sums forthwith on demand by TRAVIER in writing.
    11. TRAVIER retains the right to share the information provided by You with any financial lending institution(s) and/or insurance broker entities if you agree to the same, if it is proved within reason that you have availed a service from them. You forego the right to claim any damages from TRAVIER in the event any such financial facility has been availed by you. You also agree that TRAVIER will not be liable for any damages arising as a result of such disclosure of your information. TRAVIER retains the right to withhold pending Fees and terminate you on an immediate basis in such cases.
    12. The ProTraveler hereby acknowledges and agrees to the use of his/her photographs by TRAVIER for certain purposes, which may include usage of the ProTraveler photographs in TRAVIER's internal communications and presentations, training materials, marketing and advertisement activities on various platforms, including without limitation, online advertisement, social media and offline advertisement. The ProTraveler hereby consents to sharing of his/her photographs by TRAVIER with third parties for the aforesaid purposes. The ProTraveler further agrees to the Privacy Policy of TRAVIER as available on the Platform including website of TRAVIER (www.travier.in).

  35. Traveler/ProTraveler Terms And Conditions For Different Mode Of Transport
    1. The Traveler/ProTraveler acknowledges and agrees that the Vehicle with which he/she chooses to provide Services shall be: to operate in compliance with all applicable laws, properly registered, insured and licensed in accordance with law to operate as a passenger transportation Vehicle, a shared mobility Vehicle and/or Vehicle to transport/deliver Services, must apply the seat belt while driving the Vehicle. , to keep the pollution certifications in place, to maintain proper speed limit as prescribed by the Government Authority.
    2. In case of emergency or any untoward incident is found by Traveler/ProTraveler, then the Traveler/ProTraveler shall be immediately liable to report such incident at the nearest police station by way of lodging a First Information Report and thereby immediately take pictures/photographs of the same and report such incident to the Travier Support section on platform and shall thereby upload the copy of the FIR together with the photographs. In case of any deviation and/or contravention/non-compliance, the Traveler/ProTraveler shall be solely responsible and liable to make good all the consequential loss/damage arising therefrom which is inclusive but not limited to payment of incidental expenses relating to the same, viz. Police Station Expenses for the lodging of the FIR, travelling expenses of the representative of the TRAVIER to manage such incident.
    3. In case of emergency or any untoward incident is found by Traveler/ProTraveler, then the Traveler/ProTraveler shall be immediately liable to report such incident at the nearest police station by way of lodging a First Information Report and thereby immediately take pictures/photographs of the same and report such incident to the Travier Support section on platform and shall thereby upload the copy of the FIR together with the photographs. In case of any deviation and/or contravention/non-compliance, the Traveler/ProTraveler shall be solely responsible and liable to make good all the consequential loss/damage arising therefrom which is inclusive but not limited to payment of incidental expenses relating to the same, viz. Police Station Expenses for the lodging of the FIR, travelling expenses of the representative of the TRAVIER to manage such incident.
    4. Traveler/ProTraveler makes himself/herself available to undertake Services as and when a request for the same is placed by User/Sender through TRAVIER Platform.
    5. The Traveler/ProTraveler shall ensure that the their vehicle or public transport vechile used for traveling and package delivery is well maintained and in good condition so that there are no delays in rendering Services.
    6. All expenses incurred in maintaining, running and riding the Traveler/ProTraveler e shall be borne exclusively by the Traveler/ProTraveler only.
    7. The Traveler/ProTraveler shall hold and possess a valid driving license and a valid registration number for the Traveler/ProTraveler Vehicle, if required under the Applicable Law for the Vehicle used by the Traveler/ProTraveler for providing Services, which are up to date and in subsistence throughout the Term of these Traveler/ProTraveler T&C. Copies of the driving license as well as the registration certificate of the Traveler/ProTraveler Vehicle, including any other Traveler/ProTraveler Information, shall be handed to TRAVIER before commencing Services or at any other time deemed appropriate by TRAVIER.
    8. The ProTraveler shall have a valid and adequate insurance coverage of the Vehicle. ProTraveler shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of these ProTraveler T&C. A copy of the insurance policy shall be given by the ProTraveler to TRAVIER. The ProTraveler further confirms that all premium payments towards the insurance policy shall be paid exclusively by the ProTraveler. Under no circumstances shall TRAVIER be liable to make any payment with respect to such insurance.
    9. During the course of undertaking Services, the Traveler/ProTraveler shall conduct himself with honesty, discipline and in accordance with the policies and instructions of TRAVIER, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Traveler/ProTraveler shall comply with the Applicable Laws as required to be complied with by any person driving Vehicles.
    10. Traveler/ProTraveler shall not commit any fraud while providing Services or otherwise commit any act or omission, to gain any undue advantage. Traveler/ProTraveler agrees and acknowledges that in case TRAVIER believes that the Traveler/ProTraveler has committed any of the foregoing while undertaking Services, TRAVIER shall, in addition to its right to terminate the Agreement and these Traveler/ProTraveler T&C, in its sole discretion reserve the right to (a) disable the Traveler/ProTraveler from undertaking Services through TRAVIER Platform for such time as it deems fit and /or (b) deduct the undue gain made by the Traveler/ProTraveler through the fraudulent orders from the payout including incentives/Fees thereof and/or the Security Deposit, if any. This right to withhold pay out including incentives/Fees thereof may also be exercised by TRAVIER in the event service parameter guidelines, as prescribed by TRAVIER from time to time, are not met.
    11. At no time whatsoever shall the Traveler/ProTraveler tamper, damage, open or do anything to the consignments/package of the Users that he/she is not specifically permitted to do. In case TRAVIER suffers any loss due to the Traveler/ProTraveler tampering, damaging or opening the packaging of consignments of the Users, TRAVIER shall have the right to recover any loss, if any, from the payments required to be made by TRAVIER to the Traveler/ProTraveler under the Agreement or these Traveler/ProTraveler T&C.
    12. The Traveler/ProTraveler acknowledges that the goodwill and reputation of TRAVIER is at stake with how effectively and efficiently the Traveler/ProTraveler render Services pursuant to these Traveler/ProTraveler T&C. Accordingly, the Traveler/ProTraveler shall not do any act that adversely affects TRAVIER and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of TRAVIER.
    13. While logged-in TRAVIER Platform, the Traveler/ProTraveler shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law. All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Services.
    14. The Traveler/ProTraveler is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the Traveler/ProTraveler while rendering Services or incurred by his family members for any unfortunate accidents or severe illness, during the subsistence of Agreement and these Traveler/ ProTraveler T&C.
    15. The Traveler/Pro Traveler should abide by all the rules and regulations of public transport system he/she opt for traveling and delivering the packages. Traveler traveling through airplane, rail, or road public transports must abide by the rules and regulation prescribed by authorities governing these systems.

  36. The Traveler/ProTraveler shall not resort to the below mentioned acts/ commission/ omission of events:
    1. Any violation or breach of any term of these T&Cs.
    2. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these TCs.
    3. Misbehavior, rude behavior with the staff of TRAVIER, Senders or any other persons associated with TRAVIER.
    4. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of TRAVIER, person associated with TRAVIER and any other persons.
    5. Concealment of fact/material information while entering into a contract with TRAVIER.
    6. Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.
    7. Drunk while travelling and drunken behavior.
    8. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of TRAVIER.
    9. Negligence in performing the duty, causing damage of moveable and immoveable assets of TRAVIER, its employees, Senders.
    10. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to TRAVIER's brand and its image.
    11. Indulging in acts such as creating ruckus/ strike/ or any activity against TRAVIER, which could be detrimental to TRAVIER's brand and its image.
    12. Indulging in unauthorized disclosure of confidential information of TRAVIER to external agency, person, TRAVIER or organization.
    13. Misuse of assets provided by TRAVIER, which could be detrimental to the interest of TRAVIER's brand and its image.
    14. Absconding for more than 4 hours with any asset, item, money or any other valuable item belonging to TRAVIER, its employees, Senders or other staff member(s).
  37. ANNEXURE A
  38. Details of Vehicles and Drivers with No Objection Certificate. Documents Required:

    1. PAN card Number
    2. Aadhaar Number
    3. Driving License Number
    4. Registration certificate of Vehicle