This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act"), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE THE APPLICATION AND THE FEATURES CONTAINED THEREIN. BY CONTINUING USAGE OF THE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY THESE T&CS. IF YOU FIND ANY OF THE T&CS UNACCEPTABLE, DO NOT TENDER YOUR ACCEPTANCE TO USE THE APPLICATION OR AVAIL ANY OF ITS FEATURES. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND GTS IN RESPECT OF THE FEATURES OFFERED/AVAILED ON THE APPLICATION USING THE PLATFORM.
SERVICES
- GTS shall provide the Services to You and the Authorized Users in the following manner:
- On receipt of the details of the Authorized Users from You, GTS shall grant to You and the Authorized Users a limited, non-exclusive, non-transferable right to use the Application within the Platform and the Dashboard for their non-commercial use, in compliance with the terms of this Agreement; and
- GTS shall create a Dashboard and provide access to the Dashboard to an Admin appointed by You for the purposes of administering and managing inter alia the Customer Usage Limit, the Authorized Users, the Authorized Users Usage Limit, the Authorized Users Service Range, the Authorized User Groups, the Authorized User Groups Usage Limit, the Authorized User Groups Service Range and matters connected therewith.
- You acknowledge that by virtue of providing the mobile numbers of the Authorized Users, you have obtained the consent of the Authorized Users to be on-boarded with GTS for the use of the Services.
- GTS will enable You and Your Authorized Users to connect with the Transport Service Providers who are offering their transportation services on the Platform using the Application.
- The access to the Dashboard/ Application will enable easier payment and settlement between You (on behalf of Your Authorized Users), GTS and the Transport Service Providers.
- GTS may from time to time, introduce new features/ functionalities in the Dashboard/ Application, and GTS reserves the right to charge You a fee with respect to the use of such features/ functionalities.
SERVICE COVENANTS
- GTS shall use commercially reasonable efforts to provide the
- Notwithstanding anything contained anywhere else in these T&Cs, GTS:
- Does not warrant that Your use of the Platform or Services will be uninterrupted or error-free;
- Does not warrant that the information on the Platform or the Dashboard is complete, true, accurate or non-misleading;
- Does not warrant the Platform or the Services made available to You; the servers; or electronic communication sent from GTS are free of Viruses or other harmful components;
- Is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data, including Customer Data, over communications networks and facilities, including telecommunication links and the internet, and You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of the Service;
- Does not warrant the uninterrupted and perpetual availability of the Transport Service Providers on the Platform; and
- Is not responsible for any delays, delivery failures, breach of Applicable Laws, or any other loss or damage resulting from the services offered by the Transport Service Providers.
- The Parties hereby acknowledge and agree that GTS may from time to time under these T&Cs, communicate with You via the registered electronic mail or telephone or other such modes of communication regarding the Services and issues related thereto.
- GTS may engage subcontractors to assist with the performance of the
- The Services shall be rendered by GTS on a non-exclusive basis and nothing in these T&Cs shall prohibit GTS from rendering the same or similar services to other Persons, including Your competitors.
- GTS may, at its sole discretion, modify the Services in order to comply with the Applicable Law. In this regard, GTS may notify You within 48 (forty-eight) hours of notice of the Applicable Law requiring such modification where possible, after which You shall extend full co-operation to GTS in ensuring that the scope of Services is suitably modified to meet the requirements of the Applicable Law.
TERMS OF USE
- You shall not copy, reproduce, modify or create any derivative works, enhancements, adaptations or translations, frame, mirror, republish, download, transmit, or distribute all or any portions of the Platform or the Application or any contents thereof, in any form or media or by any
- You shall not attempt to register any copyrights, trademarks, names, or logos used or associated with the Services and the Platform/ Application.
- You shall not attempt to decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Services or the Dashboard/ Platform/ Application is run or provided.
OWNERSHIP OVER INTELLECTUAL PROPERTY
- You acknowledge and agree that GTS owns all intellectual property rights in the Services and the Platform/ Application. Except as expressly stated herein, these T&Cs do not grant You/ Your Authorized Users any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services and the Platform/ Application.
- You acknowledge and agree that all know-how and intellectual property developed as a result of any work done in relation to the Platform/ Application or any customizations thereto, shall be exclusively and absolutely owned by GTS, free and clear of any encumbrance of any nature.
CONFIDENTIALITY
- Each Party may be given access to the Confidential Information of the other Party in order to perform its obligations under these T&Cs. A Party's Confidential Information shall not be deemed to include information that which:
- Is or becomes publicly known, other than through any act or omission of the receiving Party;
- Was in the receiving Party's lawful possession before the disclosure, as evidenced in writing;
- Is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
- Is independently developed by the receiving Party, which independent development can be shown by written evidence; or
- Each Party shall hold the other's Confidential Information in confidence and, unless required by law, shall not make the other's Confidential Information available to any third party (except as provided in or use the other's Confidential Information for any purpose other than the implementation of these T&Cs. In the event of a disclosure required by law, the receiving Party shall promptly notify the disclosing Party of such requirement, where not legally prohibited, to allow intervention (and shall cooperate with the disclosing Party, at the disclosing PartyÕs expense, to the extent possible) to contest or minimize the scope of the disclosure (including by making an application for a protective order).
- Each Party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is disclosed to its employees, subcontractors, agents or representatives only on a need-to-know basis, and such employees, subcontractors, agents or representatives shall be bound to maintain the confidentiality of such Confidential Information on terms similar to those set out in these T&Cs, and not misuse such Confidential Information.
- Each Party shall be responsible for any breach of the confidentiality obligations under these T&Cs by its employees, subcontractors, agents or representatives and agrees to indemnify the other Party for any loss or damage on account thereof. Neither Party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party for no fault attributable to such Party.
- GTS acknowledges that the Customer Data is Your Confidential
- No Party shall make, or permit any Person to make, any public announcement concerning these T&Cs without the prior written consent of the other Party (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority, any court or other authority of competent jurisdiction. Notwithstanding this, GTS may disclose the existence of this arrangement for marketing, promotional or other purposes as it deems fit.
DISCLAIMER
- THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. GTS DISCLAIMS AND MAKES NO ADDITIONAL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM OR THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR COMPLETENESS. THE SERVICE IS NOT GUARANTEED TO BE ERROR- FREE OR UNINTERRUPTED. WITHOUT LIMITING THE FOREGOING, GTS MAKES NO WARRANTY THAT (I) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS; OR THAT (II) ANY ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GTS OR THROUGH OR FROM USE OF THE PLATFORMSHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- GTS HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, BUT GTS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION. GTS SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORMIS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.