Carryman (App), is a mobile application/ website owned and operated by Carryman Pvt Ltd (Company). Carryman provides a platform that enables you to connect to merchant outlets and delivery partners to have products delivered to your doorstep as well pick up and drop off service.
By using the Company's App, website or its services, you consent to the collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the services that we offer.
'We' or 'us' refers to the Company, and 'you'/ 'Users’ refers to the users of our App and/or Services (customer, merchants and delivery partners).
This privacy policy (Privacy Policy) shall govern the manner in which in personal information and other information is collected, stored, processed, handled, transferred and disclosed in relation to your use of the services we provide through the website [Client to insert website] (Website) or the App. The App and the Website shall be hereinafter referred to as the Services. The Privacy Policy shall inform you about the practices adopted by us such as:
1.What type of information is collected from you;
2.Why such information is being collected;
3.When and in what manner can we use this information;
4.Whether we will disclose such information to third parties.
Our Privacy Policy is subject to revisions at any time, as determined by us, without notice, and any such changes are effective immediately upon being posted on this Services; any use of the Services thereafter will be deemed to be an acceptance of these changes by you. You may find links to third-party websites on the Services. This Privacy Policy does not apply to information that you provide or is collected by such third-party websites while using the Services. You may access such website’s privacy policy to understand how your data is collected or processed.
Please read this Privacy Policy carefully before using, browsing, accessing or registering on the Services. By using, browsing, accessing or registering on the Services, you accept this Privacy Policy and agree to be legally bound by the same.
1.Type of information collected
We collect five types of information from our users which are voluntarily provided to us by the users— ‘personal information’ such as your full name, telephone number, e-mail address and current location, ‘sensitive personal information’ such as your password and financial information, and ‘merchant information’ such as business information, address, Government issued documents, licenses, PAN number, GST number etc., ‘delivery partner information’ such as vehicle registration information, driver’s license and KYC details. We access the following information among others through the App:
(a) Personal Information
a.Email id;
b.Address;
c.Phone number;
d.Phone model, Phone network etc;
e.Date of birth;
f.Gender;
g.Pin code;
h.Photograph;
i.Location Data (Geographical) of the phone.
j.Business Information (Location, Website, Business Logo, Description);
k.GST number;
l.Bank Account details and UPI ID
m.Medical data such as prescriptions if you use the Services to purchase medicines.
In addition to the above, we may also collect certain health related declarations such temperature, symptoms for any health condition etc. from the Delivery Partners.
(b) Information You Submit
We collect information that you provide us as well as content that you submit or post on the Services such as your purchase information, your communications, information you provide to us as part of surveys and contests and other information including photos, messages, comments, reviews, searches, notes, and discussions.
(c) Communications
When you communicate with Us or when you use our Services to communicate with others, we store a copy of your communications to understand and analyze your purchase pattern to provide you with a better user experience and improving the Services.
(d) Information from Others
In order to enhance the quality of the Services and features available therein, you may provide us information about your engagement with Merchants and Delivery Partners, including whether you have contacted them or responded to them, whether you have purchased goods, the type of goods purchased by you and your interactions. If you are a Merchant, users and visitors may provide us with feedback and public reviews about you.
(e) Purchase Information
When you purchase or sell any products or services on the Services, we collect certain information in order to process your purchases and sales, such as your phone number, address and payment method including credit card number, pan card number and bank account information.
(g) Automatically Collected Information
We may also collect information about your use of the Services, including the pages you view, the date and time of your visit etc.
(h) Cookies and Similar Technologies
We use cookies and may use other similar technologies in connection with your use of the Services to collect information related to what you see and interact with on the Services and access and use of our Services.
(i) Location Information
We will receive your device’s location if you enable this through your browser or mobile device while using the Services. We shall use such information to assign Delivery Partners and share such information with the Delivery Partners in order for them to carry out their services. We may also use such information in order to publish information/ advertisements offered by Merchants closer to your location. We may infer your general location from your IP address. You may also choose to provide us your location information by inputting this information on the Services.
(j) Contacts
We may require access to your contact list stored on your phone or device for providing you certain features on the Services. If you grant us permission to access your contact list, may store names and contact information from such contact list.
2.Purpose of collection and use of information
We collect, store and disclose personal information, sensitive personal information, merchant information and information relating to the Users and Merchant in order to provide the Service. We may also use information provided by you to: (i) enforce our Terms of Use Agreement; (ii) monitor user activity and more effectively manage our hardware and Services; (ii) create and manage user accounts; (iii) assist you with technical difficulties; (iv) targeted marketing strategies like SMS, Email Social Media Ads etc. The information provided by the Users, Delivery Partners and Merchants enables us to improve our Services and provide you the most user-friendly experience.
3.Disclosure to Third Parties
We do not publish or disclose personal information or sensitive personal information unless it is required for the provision or performance, or as mandated by law. We may use certain third party services/entities for the purpose of operating the Services and as a result may share your personal information or sensitive personal information. We may also share some personal information with third party advertisers who are interested in advertising their product to you. You are given the option to opt-out of this service by contacting us through the contact details given below under Clause 5. We may also disclose personal information and sensitive personal information, merchant information, delivery partner information and automatic information to businesses tied up with us for providing Services better. We may also disclose information about our users to law enforcement officers, governmental agencies or others, in the good faith belief that such disclosure is reasonably necessary to enforce the Terms of Use Agreement and/or Privacy Policy; respond to claims that any content violates the rights of third-parties; or protect the rights, property, or personal safety of our users, the general public or ourselves. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. In the event our assets are sold or merged into another company, the acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent and we may inform regarding this sale.
4.Security Practices and Procedures
We take the best efforts to ensure the confidentiality and security of your personal information and sensitive personal information, merchant information and delivery partner information by implementing security practices and standards as mandated by law. We also have a comprehensive documented information security program and information security policies in place. [Client to confirm]
5.Queries
If you have questions about this Privacy Policy or any grievances, please contact our Grievance Officer using the contact details provided below:
[Insert email id]
[Insert phone number]
TERMS & CONDITIONS
This document is an electronic record within the meaning of the Information Technology Act, 2000 rules thereof, as amended from time to time. This document is being published in compliance of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
This term of use agreement (Agreement) governs the use of content, features, and activities related to the software application “Carryman” (App) and the website [Insert website] (Site) [Note: Client to confirm the registered a domain name] (the App and the Site are together referred to as Service).
[Client to confirm name of the company], (CARRYMAN) is a company duly incorporated under the Companies Act, 2013 having its registered office at A-One Mall, Second floor, Alathiyur, Tirur, Malappuram, Kerala - 676102, India. The usage “we”, “our” and “us” shall mean CARRYMAN, and/or any third-party service providers engaged by CARRYMAN to render certain services.
For the purpose of this Agreement, the words “you”, “your”, "use" and/or "using" in this Agreement shall mean at any point in time an individual (a "User"), either directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, visit, print or copy, transmit, receive or exchange data or communicate with the Service, or otherwise in any way, uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Service, for any purpose. This is the entire and exclusive Agreement between you and us regarding the use of the Service. This Agreement does not cover your rights or responsibilities with respect to third party content.
We request you to kindly read this Agreement before accessing or using our Service. By accessing or using the Service, you acknowledge that you understand and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you may stop using the Service and uninstall the App.
The Privacy Policy is incorporated herein by reference. This Agreement shall remain in full force as long as you are a user of the Service and even in the event of termination of membership, service or feature, you will continue to be bound by your obligations under this Agreement, the Privacy Policy, Return, Cancellation and Refund Policy and any Additional Terms, including any indemnifications, warranties and limitations of liability. By merely accessing, browsing or using the Service, you express your acceptance to the terms of this Agreement and other additional terms, policies, including but not limited to cancellation, refund and Privacy Policy as updated on the Service from time to time.
The Agreement may be updated/ modified periodically, without notice, for a number of reasons including, but not limited to complying with the applicable laws and regulations, and regulatory requirements. All changes will be published on the Service. The most up to date Agreement will be available on the Service. If any change is unacceptable to you, you should cease using the Service and/or terminate your account. If, however, you continue to use the Service after the date on which the changes to the Agreement come into effect, you will be deemed to have accepted those changes.
CARRYMAN only enables and facilitates transactions between you, merchants registered on the Service (Registered Merchants), merchants not registered on the Service (Un-registered Merchants) (hereinafter collectively referred to as Merchants) and delivery partners (Delivery Partner(s)). We provide the following features through the Service (Features): -
Connect with Merchants and Delivery Partners and view/browse through the catalogue of products and services (Listed Products) listed on the Service by Registered Merchants;
Buy Listed Products and have it delivered to You through the Delivery Partners (Listed Product Purchase);
Buy products from Un-Registered Merchants and have it delivered to you through the Delivery Partners (Unlisted Product Purchase);
Pick up and drop off of packages from one location to another by engaging the Delivery Partner (Pick Up and Drop Off);
Provide ratings, reviews, feedbacks and comments about the Merchants, Listed Products, Delivery Partners and Services.
I.General Terms
1.Accounts & Registration
You shall only be permitted to use or access the Services, transact or connect with Merchants and Delivery Partners upon creating and registering an account on the Service with a unique username and password combination in order to use the Service (Account). In order to use the Service or create an Account, you need to be at least 18 years of age and competent to contract under the Indian Contract Act. Your continued use of the Services shall be subject to you holding a valid Account. In order to create and register an Account, you may be required to provide the following information viz. your full name, phone number, residential address, email address, date of birth, pin code and password. You agree that such information provided by you is accurate, complete and up-to-date. CARRYMAN shall be entitled to display the information, reviews, ratings and feedbacks provided by you. CARRYMAN may use a verification mechanism to verify your email address and phone number, through OTPs or captcha. However, you agree that CARRYMAN has not independently verified other information provided by you while creating an Account. If any of the information provided by you is untrue, inaccurate or incomplete, CARRYMAN shall have the right to suspend or terminate the Account and restrict or disable your access of the Services in the present or future. The rules governing obtaining an Account are set by CARRYMAN in its sole discretion and are subject to change from time to time. In the event there is any change to the information provided by you, you shall promptly inform CARRYMAN of the same, in writing, at least 10 days prior to the date on which the change shall take effect.
Your username and password are personal to you and you may not allow any others to use your username or password at any time or for any reason whatsoever. We shall not liable for any harm caused by theft or misappropriation of login details, disclosure of your login details, or your authorization of anyone else to use your login details. You hereby agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your login details or any other need to deactivate your username or password owing to security concerns. Passwords are issued on a personal basis. Accordingly, all content and instructions transmitted or received from anyone presenting your login details will be deemed binding on you. You agree that you alone are responsible and liable for any and all actions taken made through your Account, whether or not made with your knowledge or authority. You agree to maintain the confidentiality of your password carefully and acknowledge that any failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible. Your Account shall not sold, assigned or transferred to any other person.
By accepting this Agreement or using, accessing or viewing the Service, you hereby agree that we shall be entitled to conduct any and all such identification and other verification checks from time to time that we may require and/or are required by the applicable laws and regulations and/or by the relevant regulatory authorities for use of the Service and our products generally and you agree to co-operate and provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction. You may open only one account. Should we identify any user with more than one account, we reserve the right to treat any such accounts as one joint account. You agree that the compilation of the Accounts shall be the property of CARRYMAN.
2.Features
CARRYMAN provides the Features as described above. The aforesaid list of Features are not exhaustive, and CARRYMAN may add, modify, upgrade, downgrade or remove any of the Features at its sole discretion. CARRYMAN does not warrant that the Features will be operational and accessible at all times. CARRYMAN may at its sole discretion cancel your request for any services on the Service. You agree that CARRYMAN shall not be party to any of the transactions initiated by you through the Service and therefore shall not be liable or incur any liability, in any manner whatsoever, in connection with the products or services offered by Merchants or Delivery Partners through the Service to you. CARRYMAN shall also not be liable for the acts, behaviour, misbehaviour, conducts, omissions or deficiency on the part of Delivery Partners or Merchants (their employees or agents) while providing their products or services to you through the Services, including but not limited to loss, damages or any defect to the products.
Even though CARRYMAN shall take all reasonable steps, it shall be the duty of the Registered Merchants to ensure that the provision of the Products to you are in accordance with the applicable laws. The Registered Merchants shall be responsible for all the Products listed or displayed on the Services. The Registered Merchants shall also be responsible for the pricing, condition, description and accuracy of the Products.
You agree that it may not be possible for the Registered Merchants to display the exact prices of the Products on the Services at all times. In case of an Unlisted Product Purchase, the price of the products may not be available on the Services at the time of placing an order. In both cases, the Delivery Partner, may upon reaching the Merchant’s outlet shall intimate you of the actual price of the Listed or Unlisted Product and you shall be required to confirm the purchase of the Listed or Unlisted Product in order to conclude the transaction. However, if you do not confirm the purchase or do not make payment for the making the purchase, you shall pay such fees as may be communicate to you on the Services in order to compensate the Delivery Partner for their efforts.
You shall not use the Services for procuring or transporting any article which is illegal, unlawful, dangerous, immoral, unsafe or unethical, including but not limited to alcoholic beverages, narcotic or psychotropic substances. CARRYMAN shall not facilitate or fulfil any such requests and therefore CARRYMAN reserves its rights to deny such requests on such grounds. If CARRYMAN finds that you have used the Services for packaging, picking up or dropping off such articles described in the foregoing, CARRYMAN shall have the right to report you to government or law enforcement authorities and initiate appropriate legal actions against you.
CARRYMAN does not verify the packages that are being picked up and dropped off by the Delivery Partners under your instructions, therefore, CARRYMAN shall not be liable for the contents or condition of such packages. You hereby agree that CARRYMAN shall not liable for direct or indirect, incidental, punitive and consequential damages, loss, costs or expenses incurred by you in connection with your use of the Services.
Pick up and Drop Off
As described above, you may use the Service to avail the option of picking up and dropping off certain articles from one location to another through Delivery Partners. This service is being provided to you by the Delivery Partner directly and CARRYMAN is merely an intermediary providing a platform for you and the Delivery Partner to communicate and carry out transactions. CARRYMAN shall not be responsible or liable for the acts, conducts or deficiency on the part of the Delivery Partner. The Delivery Partner will be assigned to you by CARRYMAN based on the availability of the Delivery Partner in your location. The Delivery Partner while providing you the service, shall act as your agent and in accordance with the instructions provided by you. You acknowledge that the pick-up address and drop-off location has been provided by you voluntarily. The same may be shared with the Delivery Partner in accordance with this Agreement.
You agree that you shall not place a request for the following items: -
[Client to insert list of items not permitted under the service]
Using the chat function available on the Service, you may communicate with the Delivery Partner and request for a photograph of the item to be picked up or purchased. You agree that CARRYMAN shall be entitled to use and rely upon such recorded messages and photograph to resolve any disputes between you and the Delivery Partner.
3.Location
CARRYMAN shall request you for access to location-based information while installing or using the Service. CARRYMAN may deny you access to the Service if you do not grant access to your location-based information. CARRYMAN shall use location-based information obtained through global positioning systems when you are using the Service to place an order or request. Such information shall only be used for the limited purpose of enabling, facilitating and improving your use of the Services. CARRYMAN shall share your location-based information with Merchants and Delivery Partners. You also hereby consent to CARRYMAN monitoring and tracking your location-based information.
4.Grievances and Complaints
You hereby agree that if you have any complaints regarding the Services, you will first inform CARRYMAN in writing within 48 hours. In the event of any grievances arising out of your use of the Services, you may contact CARRYMAN support for redirecting your grievances to the respective Merchants or Delivery Partners.
5.Payment
Listed Product Purchase: When you make a Listed Product Purchase, you shall pay the price of the Listed Product you wish to purchase, as available on the Service, or as informed to you by the Delivery Partner. Once you agree to the price displayed on the Service or as informed to you by the Delivery Partner, you may confirm the order by completing the payment through the payment portal available on the Service or opt for cash on delivery (COD). You agree that once you opt for COD mode of payment, you shall pay such amounts to the Delivery Partner upon delivery. Your order will only be processed by us once you have either completed the payment through the payment portal available opted for COD on the Service.
Unlisted Product Purchase: When you make an Unlisted Product Purchase from an Unregistered Merchant, you shall pay the price of the Unlisted Product you wish to purchase, as informed to you by the Delivery Partner on behalf of the Unregistered Merchant. You may request the Delivery Partner to send photographs of the item to be purchased. Once you have confirmed the item to be purchased, you shall receive an invoice and a payment link on the Service. You may choose to either complete the payment through the payment portal/gateway available on the Service or opt for COD. You agree that once you opt for COD mode of payment, you shall pay such amounts to the Delivery Partner upon delivery. Your order will only be processed by us once you have either completed the payment through the payment portal available opted for COD on the Service.
Pick Up and Drop Off: The service fee for Pick Up and Drop Off shall be calculated based on the distance and rate card set by CARRYMAN. When you initiate a request for Pick Up and Drop Off through the Service, you shall pay the amounts as displayed on the Service.
Service Charges: CARRYMAN shall charge a service charge for your use of the Services.
You understand and acknowledge that CARRYMAN may use third-party service providers such as payment portals and gateways in order to process the payments made by you on the Service.
6.Cancellation and Refund
Cancellation by the User
CARRYMAN shall only initiate and process your request upon receiving your confirmation. You may however choose to cancel a request initiated by you upon paying a cancellation fee for the efforts already made by the Delivery Partner or the Merchant. The Merchant may also additionally charge an additional cancellation fee in accordance with the respective Merchant’s cancellation and refund policy.
Cancellation by CARRYMAN
CARRYMAN may cancel your request or order initiated by you on the Service, if:
The information or instructions provided by you is in incomplete or insufficient for initiating an order or request;
If the address provided by you on the Service is outside the serviceable area of CARRYMAN;
If you are using the Service for purchase, delivery or supply of any item that is illegal or violative of this Agreement;
If you fail to respond to any communication via phone, email or the chat section on the Service;
If the Merchant outlets are closed or the item ordered for is not in stock;
If a Delivery Partner is not available to perform the services requested;
If the order has to be cancelled owing to reasons not in control of CARRYMAN.
Refunds
A User shall be eligible for refund under the following circumstances: -
If the package delivered to you is tampered or damaged at the time of delivery;
If the package delivered to you is different from what was ordered or does not match the description given to you at the time of purchase;
You hereby agree and acknowledge that all decisions pertaining to refunds, including in the event of circumstances above, shall be at the sole discretion of CARRYMAN and the same shall be final and binding.
7.Closure of Account
CARRYMAN reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, CARRYMAN shall be entitled to close or suspend your account if:
a)CARRYMAN considers that you have used the Service in a fraudulent manner or for illegal and/or unlawful or improper purposes;
b)CARRYMAN considers that you have used the Service in an unfair manner, have deliberately cheated or taken unfair advantage of the Service or if your account is being used for the benefit of a third party;
c)CARRYMAN is requested to do so by the police, any regulatory authority or court; or
d)CARRYMAN considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur.
8.Taxes and Other Liabilities
You, the User shall be personally liable for any and all claims, costs, taxes, or liabilities any nature arising out of the of facilities or benefits given to a User, by Merchants or Delivery Partners. CARRYMAN shall not be liable for any direct or indirect loss or damage, arising from the disbursement or non-disbursement, whole or part, of any such offers, benefits, facilities or any other arrangements made or offered by Merchants. You, while using the Service to obtain the offers, benefits, services or any other arrangements offered by the Merchants shall be subject to the terms and conditions of the respective Merchant who is the provider of the same. CARRYMAN shall not be liable in any case, for any loss or damage, either direct or indirect or both, arising out of discontinuation, modification, withdrawal, limitation of the offers, benefits or facilities or services offered to you.
9.Intellectual Property
The designs, UI/UX created and used for the Service along with the text, fonts, scripts, graphics, logos, photograph, interactive features and other creatives, and the trademarks, service marks and logos contained therein (Marks), are owned by or licensed to CARRYMAN, subject to copyright and other intellectual property rights under Indian Intellectual property rights law and international conventions. The Service is provided to you on as-is basis for your personal use only. CARRYMAN reserves all rights not expressly granted in and to the Service. All software used in the Service is the property of CARRYMAN or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Service is strictly prohibited except as otherwise permitted by law. You agree to not engage in the use, copying, or distribution of the Service other than expressly permitted herein.
10.Advertisement
From time to time, during your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or/and use the services of or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the Advertisers). All such communication, interaction and participation is between you and the said Advertisers and we shall not be responsible or liable to you in any way in connection with these activities and/or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any of these Advertisers). [Client to confirm]
11.Representation and Warranty
You represent and warrant that:
a)the use of the Service will comply with all the Applicable local, state, national or international laws (Laws) and will not violate any law, regulation, or contractual obligations;
b)You will not misuse the Service and acknowledge and understand that “misuse” includes, but is not limited to using the Service in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using the Service; (n) falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;
c)You agreed and acknowledge while accessing or using the Service, you may come across content posted by others that you may consider to be offensive, indecent or objectionable. You agree that CARRYMAN shall not be liable for any liabilities arising out of such content on the Service.
d)You hereby undertake that while using or accessing the Service, you shall not: -
a)Publish, post, create, upload or disseminate any offensive, indecent, inappropriate, defamatory, infringing, objectionable and profane material or information;
b)Do such things that may harm minors;
c)Violate the legal rights of any person;
d)Abuse, harass, threaten or defame any person;
e)Solicit, publicise, conduct or engage in any contests, schemes not authorised by CARRYMAN.
12. Contents
You shall be solely responsible for all contents that you upload, transmit, share or display through the App, (collectively the Contents) including but not limited to any photos, profiles (including your name and image), messages, GPS location, information, text, video, music, third party links. CARRYMAN does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any contents and you shall be solely responsible for and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 11 above.
13.Governance
Your use of the Service is subject to all the applicable local, state, national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your username or password. You shall not use, allow, or enable others to use the Service, or knowingly condone use of the Service by others, in any way that is, tries to, or is likely to violate any laws, regulations (including, without limitation, laws regarding gambling), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the site, other Users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is contradictory with the terms and conditions of this Agreement. Any violation of these above terms and conditions will leave users liable to having their accounts terminated. The above statements are taken very seriously by CARRYMAN and violation of these statements will not be tolerated.
14.Non – Commercial Use
CARRYMAN hereby grants you a limited license to use the Service only for the purposes of accessing, viewing posting or submitting content, and using the Service for non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes whatsoever. You must not change, delete or conceal any copyright or other notices contained in the Service, including notices on any service or material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party to reproduce, change, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any material on the Service without the express prior written consent of CARRYMAN. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under the Applicable laws.
15.Warranty
A)Service
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, CARRYMAN, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. CARRYMAN makes no warranties or representations about the accuracy or completeness of this Service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the use of the Service or through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. CARRYMAN does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service.
B)App & Website
The App and Website is being provided for use to you with a limited warranty. The App and Website, is provided on an “as is” and “as available” basis without any warranties of any kind, and the company expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, quality, accuracy, timeliness, completeness, correctness or reliability. CARRYMAN makes no warranty that (i) the App and Website will meet your requirements, (ii) the App and Website will be uninterrupted, timely, secure, virus-free or error-free, (iii) the results such as style recommendations that may be obtained from the use of the App and Website will be accurate or reliable, or (iv) the quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations. No information, advice or services obtained by you from CARRYMAN shall create any warranty not expressly stated here.
16.Limitation of liability
To the maximum extent permitted by the applicable laws, and under no circumstance shall CARRYMAN, its directors, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Service, or following a failure, suspension or withdrawal of all or part of the Service at any time, any third party content, software or functions used in connection with the App even if CARRYMAN or any or all of its agents have been advised of the possibility of such damages. In any event, CARRYMAN shall not be liable to pay a user, for any damage whatsoever, an amount greater than the fees paid by you in the 6 (six) months preceding the event that gave rise to the claim. if no fee is paid by you, CARRYMAN shall not be liable to pay a user, for any damage whatsoever, an amount greater than INR 100/-.
17.Indemnification
You agree to indemnify, defend and hold harmless, CARRYMAN, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Service and related services; (ii) any breach by you of your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or (v) your negligence or wilful misconduct. These obligations will survive termination of this Agreement.
18.Data Security
Each Party confirms and agrees that it shall at all times during the subsistence of this Agreement comply with the provisions of the Information Technology Act, 2000 and the applicable rules thereunder including without limitation the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
19.Severability
It is desired and intended that the terms, provisions and covenants contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision or covenant thereof to any person or on any circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the Applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the Service thereof to any person or circumstances, other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.
20.Assignment
This agreement may be assigned by CARRYMAN to its successors and assigns including if there is any re-organization of CARRYMAN or transfer of ownership of the App.
21.The Applicable law & jurisdiction
Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of Bangalore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
22.Contact Us
If you have any questions or concerns about this Agreement or Privacy Policy or its implementation, you may contact us on the following e-mail ID:
E-mail: [Insert email id]