TERMS AND CONDITIONS FOR USERS

 

According to the Information Technology Act of 2000, its rules as well as the provisions of other statutes pertaining to electronic records as amended by the Information Technology Act of 2000, this document qualifies as an electronic record.

 You ("You" or "Users") agree to obtain certain Services (defined below) offered by third-party drivers or vehicle operators ("Captains") through the Company's website and the mobile application "Guzo" ("Platform"). Your use of the Platform will be how the Company provides all of its services to you. The relationship between you (the customer) and the Company in the course of the supply of the Services shall be governed by these Terms of Use. The conditions under which users utilizing the Services shall be regulated are mandated by these terms of usage ("Terms of Use").

Before using the Platform, signing up on the Platform, or accessing any content or information through the Platform, please take the time to thoroughly read the Terms of Use.

You are granted access to and use of the Platform on the condition that you agree to all of the terms, conditions, and notices set out in this Terms of Use and Privacy Policy, as well as any updates or revisions made by the Company from time to time and posted on the Platform.

 

1. Services

You can access the following services ("Services") using the Platform:

1. It enables you to use the Captains' "Package Services" to pick up and deliver packages between two locations.

2. It enables you to use the transportation services (referred to as "Transportation Services") offered by the Captains on our Platform.

3. It enables you to pick up goods from a store's vendors and have those goods delivered to you by the delivery partners ("Delivery Services").

 

2. Terms of Use General

1. To open an account, you must be at least 18 years old, or the legal majority age in your country, if it is different from 18 years.

2. Individuals under the age of 18 are not permitted to use the Service. You must not give anybody permission to use your account. You must not let anybody under the age of 18 to use the Captains' logistical or transportation services.

3. The Company retains the right to terminate the account and You will not be eligible to make any claims, including any insurance from the Company, if the Company learns or has reasonable grounds to believe that You have deceived us regarding your age.

4. The Company will accept your booking request and send it to the Captain via a GPS-GPRS-based app-based gadget that is already in the Captain's possession.

5. For the purpose of training and enhancing customer care services, including complaint handling, the Company may monitor and record calls made to the Captains.

6. Each request for the Service must be approved or denied by the Captain in his or her sole discretion.

7. You will receive a message with information on the Captain, including its name, contact information, etc., if the Captain accepts the booking request issued by the Company.

8. Subject to the Captain's availability at or near your location at the time of your booking request submitted to the Company, the Company shall use commercially reasonable efforts to put you in contact with the Captain so that you may acquire the Service.

9. It is made clear that the Company does not directly supply the Services in order to remove any potential confusion. You will receive the services from the Captain.

10. The Captain might not show up at the agreed-upon pick-up place or he might decide not to provide his services even after accepting the booking.

11. You guarantee that the data you give the company is true and comprehensive. The Company is always allowed to check the information you've given them. You may only use authorised methods to access the Services.

12. If you don't download the right Platform or go to the right online portal, the Company is not responsible.

13. The Company retains the right to stop offering or start offering any of the ways to reserve vehicles and/or provide package services.

14. You shall abide by all relevant laws of the Republic of India and refrain from doing anything that we deem to be dishonest or potentially detrimental to our reputation.

15. You will treat the Captain with respect and refrain from damaging their vehicle or engaging in any illegal, threatening, harassing, or abusive behaviour or activity while using their vehicle.

16. The Company is not liable for the conduct of vehicle drivers, captains, or the quality of any vehicle you may use. Any agreement for the use of a vehicle for the provision of services is solely between you and the captain; the company is not a party to such an agreement.

17. You acknowledge that you will not ask for package services for any items that are against the law, harmful, restricted, or otherwise in violation of any legislation, law, or regulation or the terms of this Terms of Use.

18. You also acknowledge that you will not ask for the delivery of any item(s) that, in accordance with the legislation, call for a special license or a special transportation authorization.

19. The Company shall have no obligation with respect to the packages that are picked up and delivered on Your behalf by the Company or the Items that are delivered to You by the Captain since the Company neither checks nor verifies the same. However, the company reserves the right to report you to the authorities and take

other appropriate action if it learns that you packaged any illegal or dangerous substance or used the package services offered through the platform to deliver any illegal or dangerous substance.

 20. You acknowledge and agree that, prior to requesting a Package Service, You are fully aware of the contents of the package that You are sending or requesting through the registered Captain and that Such contents are Legal and Within the Limits of Transportation Under Any Applicable Laws. Such items include, but are not limited to, radioactive, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones, commercial carbons, industrial diamonds, and currency (pap). bottled alcoholic beverages, any intoxicant, cashier's checks, traveler's checks, money orders, passports, credit/debit/ATM cards, works of art, lottery tickets, gambling devices, livestock, fish, insects, animals, plants, and plant material, human corpses, organs, or body parts, blood, urine, or other liquid diagnostic specimens, hazardous or biomedical waste, wet ice, pornographic materials, contraband, and drugs and psychoactive substances.

21. Additionally, You Agree That The Captain May Inform The Company Or Law Enforcement Of Any Offence Committed By You Or Your Intent To Commit Any Offence Upon Beginning A Package Service Or During A Package Service Of Any Item(s) Restricted Under Applicable Law If The Captain Discovers Such Information While The Package Service Is In Progress.

22. In addition, you acknowledge that any payment you make for the goods or services you purchased in connection with the delivery services will be made at your own risk and will be handled directly between you and the Captains. Guzo disclaims all duty and responsibility for any loss, damage, or defect to the products or commodities. The Delivery Services are offered to You directly by the Captain, and Guzo just serves as a technological framework to enable delivery that is started on the framework. Guzo disclaims all duty and obligation for any form of Captain service inadequacy.

23. You acknowledge that you are completely responsible for the parcels you provide the captain, and that you should use caution when giving him pricey products. In the event of any theft or other occurrences involving the parcels by the captain, you will be held completely accountable for any loss or damage to the products.

24. You may start a transaction on the Platform that will allow you to transfer packages to a certain area with the assistance of a Captain. The captain personally provides You with the Package Services; Guzo just serves as a technological platform to facilitate transactions started on the Platform. Guzo disclaims all duty and obligation for any kind of Captain service deficiencies.

25. You also concur that by utilizing the Company's platform, you will:

1. You won't download the Application for anyone else's use and won't sell it to them; 2. You won't allow anyone else to use your account.

3. You won't provide your account to another individual or business in any way.

4. You won't use the Application for immoral or fraudulent reasons, including but not limited to transmitting or storing any illegal materials;

5. You won't use the Application to annoy, irritate, or cause someone else pain; 6. You won't interfere with the network's ability to function properly.

7. You won't make any effort to damage the Application in any form.

8. Without the Company's prior written consent, you will not copy or distribute the Application or any other Company Content.

9. You will maintain your account password and any other form of identification that the Company may give you safe and private.

10. You will give the Company any form of identification we may require.

11. In order for us to process UPI payments, we must validate both virtual payment addresses ("VPA") and bank accounts. These validations are carried out by a third-party service provider.

12. You will only make use of access points or, at the very least, 3G data accounts that you are given permission to use;

13. You won't utilize the Application with an unapproved or unsuitable device;

14. Guzo has the right to delete a user's account if they establish more than one account on the same device within 24 hours;

26. If you violate any of the guidelines outlined in the Terms of Use, the Company retains the right to immediately stop letting you use the Application.

3. Service Financing

1. You will be required to pay fees for the Services you use either online through the platform's payment system or in cash to the captains. After receiving permission from the Captains, the Company collects payment for the Services on their behalf and sends it to the Captain's using the Company-registered bank account.

2. In relation to the delivery services, you will need to pay the Captains directly for the goods or items you bought from the merchants. You acknowledge and accept that Guzo is not in any way liable for the resolution reached between you and the Captain.

3. The Company's website and mobile application must include information about the charges of the Services.

4. At the sole discretion of the Company, the fees for the Services may be adjusted or modified from time to time. It is your duty to stay up to current on these fees.

5. You acknowledge that you will pay the Captain in full for all Services you acquire from him either through an online payment method or with cash. You will be obliged to pay the fees for the Services accessed in cash if the payment cannot be accepted online or through any other method.

6. All payments are final and non-transferable. We will arrange for you to obtain a copy of the company's invoice on your designated e-mail account when the Transportation Services journey is complete.

7. As may be disclosed to You on the Platform, You shall pay the service fees for using the Package Services and/or the Delivery Services at the conclusion of such services. Until you have paid for the previously finished such Package Services and/or the Delivery Services, you cannot commence another such Package Service and/or the Delivery Service.

8. It is made clear that the word "Trip" includes a trip taken by the Captain to transfer a passenger.

 

4. Insurance

1. The Company offers insurance coverage to Users using its transport services, and when Users use those services, information about that insurance is made public on the platform.

2. The client must provide a correct delivery address for the package or item, as well as a return address in case the package or item cannot be delivered for any reason at the delivery address.

3. It is made clear that the transit will begin as soon as the client safely hands over the package or item to the captain and will last until that point when the captain arrives at the delivery destination or as close to it as is reasonably achievable.

4. In the event that the Captain is unable to deliver the package or item at the specified address for whatever reason, the Company shall not be responsible for any damages sustained by the package or item while being delivered at the return location specified by the customer.

 

5. Liability

1. You should only use the information and suggestions made to you on or through the Platform for general informational purposes; they do not constitute advice.

2. The Company will make a reasonable effort to keep the website, the application, and its contents accurate and up to date, but it makes no guarantees that the website, the application, or any of their contents will be free of bugs, errors, malware, viruses, or other harmful components. Any harm resulting from the same shall not be the responsibility of the Company.

3. The Company further agrees that it will not be held responsible for any damages that may result from the use of, or the inability to use, the website or the application, including, but not limited to, damages brought on by the failure or delay in the transmission of electronic communications, the interception or manipulation of electronic communications by outside parties or by computer programmes used for electronic communications, as well as the transmission of viruses.

4. The Captain is ultimately responsible for providing you with the Services you have requested through the use of the Platform, and the Company is not accountable for the quality of such Services. However, as occasionally advised, any concerns regarding the Services offered by the Captain must be made in writing through email to the Company.

5. Any claims you may have about the items or goods you bought from the Company in connection with the Delivery Services shall be at your exclusive responsibility, and payment shall be arranged directly between you and the Captains. Guzo disclaims all duty and responsibility for any loss, damage, or defect to the products or commodities.

 

6. Intellectual Property Rights

1. All of the legal rights to the website, platform, or other digital media, as well as their contents, are owned exclusively by and licenced to the Company. The website, Platform, or any other digital media content's design, layout, text, photos, graphics, sounds, and video all contain trade secrets and intellectual property rights that are shielded by international copyright and other laws. The Company, its affiliates, agents, authorised representatives, or licensors, as applicable, shall retain all titles, ownership, and intellectual property rights in the website and its content.

2. The Company hereby reserves all rights not expressly granted in these Terms of Use or by the Company. The reader, who assumes full responsibility for its usage, is only meant to use the information included in this Platform and/or website for personal use.

3. The Company makes no claims or endorsements regarding the truthfulness, reliability, or accuracy of any information or advertisement found on, distributed through, or linked, downloaded from, or accessed from any of the services found on this website or Platform, nor does it make any claims regarding the calibre of any products, information, or other materials displayed or obtained by you as a result of any advertisement or other form of information.

4. All associated symbols and logos are protected by the relevant copyright, trademark, and other proprietary rights laws and are registered trademarks, service marks, or word marks of the Company in a number of jurisdictions. It is completely forbidden to duplicate, modify, use, or publish these marks without authorization.

5. All of the content on this website and/or platform, except any third-party content and links to other websites, is owned by the company.

6. Provided that you abide by the terms and conditions set out above, the Company hereby offers you a limited, non-exclusive, non-transferable licence to download and install a copy of the Platform on a single mobile device that you own or control and to use such copy of the Platform only for your own personal use.

7. You shall not do the following:

1. commercially exploit the Platform in any way, whether by licencing, sublicensing, sales, resales, transfers, assignments, or distribution;

2. alter or create works derived from the Platform;

3. "Frame," "link," or "mirror" any programme on any other server, wireless device, or Internet-connected device.

4. Access the Platform or reverse-engineer it in order to:

1. Create a competing product or service.

2. Create a product using ideas, features, functions, or graphics from the platform.

3. Copy any ideas, features, functions, or graphics from the platform.

4. Launch an automated programme or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any programme that may make multiple server requests per second or unduly burdens the platform.

 

7. Third-Party Links

1. While using the website or application, connections to websites that are owned and managed by third parties may occasionally be offered. These links may be used to communicate with, buy products or services from, or take part in promotions of third parties. You leave the website and application when you click on these links, and the Company has no control over it.

2. When using the website and the application, you may communicate with, buy products or services from, or take part in promotions with third-party Captains, advertisers, or sponsors who advertise their products or services through a link on the website or through the application or Service.

3. You are recommended to read the terms of use or privacy policies of those websites before using them because these other websites may send their own cookies to users, collect data, or ask for personal information.

 

8. Terms and Termination

1. An ongoing agreement has been reached between the Company and you. You have the right to end the Contract at any time by permanently deleting the Platform from any mobile, tablet, or other electronic device that may use the Platform, which will prevent you from using the Platform or the Service.

2. If you: (a) violate or breach any provision of these Terms of Use; or (b) in the Company's judgement, misuse the Platform or the Service, the Company is right to cancel the contract at any time and with immediate effect (by blocking your use of the platform and the Service).

3. The Company is not required to offer advance notice of the contract's cancellation. The Company shall provide notice of termination in line with these Terms of Use after termination.

4. Neither party is liable for performance delays or failures brought on by events beyond of their reasonable control or due to their carelessness. These excused delays or failures may result from a variety of events,

including strikes, lockouts, riots, uprisings, unintentional explosions, floods, storms, acts of God, and similar incidents.

 

 9. Indemnity

By breaking or allegedly breaking these Terms of Use, you agree to defend, indemnify, and keep the Company harmless from any and all claims, losses, liabilities, damages, expenses, and costs (including legal fees and court costs).

 

10. Governing Law, Jurisdiction and Dispute Resolution

1. The laws of the Republic of India shall govern and be applied to these Terms of Use in all respects.

2. The Parties hereby submit to the exclusive jurisdiction of the courts located in Bangalore, India, subject to the conditions established in Clause 10.3.

3. All disagreements relating to or resulting from these Terms of Use will be resolved amicably by the Parties. The Parties must arbitrate the disagreement in accordance with the Arbitration and Conciliation Act, 1996 if an amicable resolution cannot be reached within fifteen (15) days of the date on which one Party initially initiated the issue with the other.

4. You and the Company will jointly pick one arbitrator to serve on the arbitral panel that will oversee the arbitration procedures.

 

11. Assignment

Without the Company's prior written consent, you are not permitted to assign your rights under these Terms of Use.

 

12. Amendment

The Company may, in its sole discretion, modify these Terms of Use from time to time and as needed.

 

13. Severability

If any term or portion of a term of these Terms of Use is deemed invalid, illegal, or otherwise unenforceable by the Republic of India's applicable laws, such term or portion of a term shall be severed from these Terms of Use and shall be deemed divisible as to such term or portion, and such term or portion shall be inoperative and shall not be part of the consideration moving between you and the Company hereto.

 

14. Notices

The Company may give notice by way of a general notice on the Application, electronic mail delivered to the email address listed in the Company's account information, ordinary mail addressed to the address listed in the Company's account information, or any combination of these methods.