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Terms of Use:
Thank you for visiting our website www.goavis.in. The website or any other computer Platform is operated under the brand-name ‘GoAvis’ and are hereinafter collectively referred to as the “Platforms”.
Unless there exists a specific Service/Subscription Agreement (‘Agreement’) to the contrary, the contents of these terms of Use shall not be superseded by any oral or written commitments. However the terms of an Agreement entered between GoAvis and any business Owner may provide additional details and specifications with respect to GoAvis’s Services, which are in addition to and not derogation of these Terms. All orders placed under a separate specific Agreement by a business shall be governed by these terms as well as the terms provided in the separate Agreement even if GoAvis services are not being provided through any of its Platforms.
These terms of use ( “ Terms of Use”) mandate the terms on which users (“You” or “Your” or “Yourself” or “Users”) interested in browsing or availing GoAvis Services (defines below), and accessing the platform www.goavis.com owned and operated by M/S MAHAJAN ENTERPRISE collectively referred to as the “Platform” connects with the riders to avail the GoAvis Services.
Please read the Terms of Use carefully before using the Platform or registering on the Platform. By clicking on the “I Accept” button, You accept this Terms of Use and agree to be legally bound by the same.
Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by GoAvis at its sole discretion and posted on the Platform from time to time.
For the purposed of these Terms of Use, the terms ‘GoAvis’ or ‘Us’ or ‘We” refers to M/S MAHAJAN ENTERPRISE. The term ‘You’ refers to the user or visitor of the Website. When You use our services, you will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.
PART A – GENERAL TERMS RELATING TO GOAVIS SERVICES
- Registration:
- You shall be permitted to access the Platform, avail the GoAvis Services and connect with Riders on the Platform only upon creating an account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, GoAvis Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, valid phone number while registering on the Platform.
- As a Part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account.
GoAvis shall have the right to display the information, feedback, ratings, reviews etc. provided by you on the Platform. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform GoAvis of the same, in writing, at least 1(one) week prior to the date on which such change shall take effect. You acknowledge and accept that GoAvis has not independently verified the information provided by You. GoAvis shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, GoAvis reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform ( or any portion thereof) at any time.
- GoAvis Services:
The Services constitute a technology Platform/web based software application through which the User can avail pick-up and delivery service for goods that the User wishes to transport(“Packages”) from a predetermined pick-up point (“Pick-up Point) to a predetermined drop off point (“Drop Point”) to the person as identified by the User. The User may choose to be the person who will be the sender of the Packages (“Sender”) or be the recipient of such goods or could identify such other person who will be the recipient of the Packages (“Recipient”), as the case may be.
GoAvis will assign a delivery person for providing these services to you (“Rider”). The rider will collect the Goods from the Sender at the Pick-up point and deliver them to the recipient at the Drop Point.
The Rider may, while collecting the Packages from the Sender at the Pick-up Point, hand over a tamper-proof bag to the Sender. The Sender shall, and the User shall cause the Sender to, Pack and appropriately seal the Packages in the tamper-proof bag provided by the Rider. GoAvis will not be responsible for the loss or damage of Goods which were damaged, broken, or not fit for the transport before the Packages were handed over to the Rider. GoAvis does not conduct any checks on the Packages and it is the User’s responsibility to ensure that the Packages are packed properly before sealing the Package in the tamper-proof bag.
GoAvis may at its sole discretion refuse to pick up or deliver goods on any account at any time.
GoAvis shall provide updates on the status of delivery via SMS/Whatspp/Email/Application notification.
It is also pointed out that GoAvis does not store delivery items form pickup to delivery location at any point, however, it reserves the right to pick up multiple items along the way, consequently storing items transiently, or transferring items across riders at its sole discretion which shall be considered as a part of the Service and agreeing to these Terms shall explicitly give GoAvis the right to transiently store delivery items as well as transfer delivery items across rider without inducting any additional liability.
By giving us the Packages in the tamper-proof bag or otherwise, you hereby appoint us as your agent, and as agent solely for the delivery of the Packages to the Recipient.
- The Platform provides You with the following services (“GoAvis Services”):
- It allows You to pick up-and drop off packages from 1(one) location to the other through the Delivery Partner (“Pick Up and Drop Off Services”)
- It allows You to avail the bike taxi service provided by the Delivery Partners(“Bike Taxi Services”);
- It allows You to give ratings, write comments and reviews about Riders;
- It facilitates improvement in the quality of the services provided by GoAvis on the platform based on User ratings, reviews and feedbacks provided on the Platform.
- Once the Delivery Services/Pick-Up and Drop Off Services/Bike Taxi Services have been completed or delivered, as the case may be, You shall promptly notify the same on the Platform.
- GoAvis may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the GoAvis Services listed above from time to time. GoAvis does not provide any guarantee to You that the GoAvis Services will be made available to You at all times.
- You shall be eligible to avail GoAvis Services as per applicable laws.
- You shall not initiate any transaction for any item on the Platform which is illegal, immoral, unethical, unlawful, and unsafe, contains harmful substance and is in violation of this Terms of Use and applicable laws. You specifically agree that You shall not initiate any transaction on the platform for the delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, You hereby acknowledge and agree that GoAvis shall not be liable for any indirect, direct damaged or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.
- GoAvis does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Delivery, and therefore GoAvis shall have no liability with respect to the same. However, if it comes to the knowledge of GoAvis that You have packaged any illegal or dangerous substance or availed the Pick-up and Drop Off Services using the Platform to deliver any illegal or dangerous substance, GoAvis shall have the right to report You to the government authorities and take other appropriate legal actions against you.
- You hereby acknowledge that GoAvis shall not be liable for any damages of any kind arising from your use of the GoAvis Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- GoAvis shall be entitled at any time without giving any reason terminates Your request for any GoAvis Service.
- You hereby agree that GoAvis shall not be liable for any conduct or misbehavior or actions of Riders with respect to any transactions initiated on the Platform. Further, You agree that GoAvis has no control over the items sent by You and therefore, GoAvis shall not incur any liability with respect to such items. However, keeping in mind the interests of the receivers, We have informed our Merchants to ensure that items are packaged properly to avoid any form of spillage or damage to the item or any issues related to packaging.
- You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Riders around Your area at the time of such scheduling and rescheduling a transaction. Should You choose to rescheduled a transaction on the Platform at a later point of time, You shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time.
- If a transaction initiated by You on the Platform cannot be completed, GoAvis shall notify You on the Platform.
- You agree to provide as much information as possible on the Platform with respect to the Services You wish to Avail, using the Platform.
- We can’t fulfill any tasks which are immoral or unlawful in nature. GoAvis reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by GoAvis’s internal policies or as per the independent discretion of GoAvis. GoAvis may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
- You understand and acknowledge that GoAvis by itself does not sell or provide any such items. GoAvis is not responsible for the quality, merchantability or fitness of such items. Accordingly, in the event of any grievances arising by You on the Platform pertaining to the supply of any product from any Merchant, You may contact GoAvis support for routing your grievances to the Merchant through the Platform.
- You hereby acknowledge that if You have any complaint with respect to the GoAvis Services, You will first inform GoAvis services, You will first inform GoAvis in writing within 24( twenty four) hours of using such GoAvis Services.
User Information
- You are solely responsible for and in control of the information You provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by GoAvis. Further you understand and agree that certain information will information will be case sensitive and must be handled with a prudent care.
- In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or email address, the Account shall be indefinitely suspended. GoAvis reserves the full discretion to suspend a User’s Account in the above event and does not have the liability to share any Account information whatsoever.
Payment Terms:
Subject to a written Service/subscription Agreement to the Contrary, GoAvis offers a standard price for its Services which is currently calculated on the basis of Distance between the pick-up and delivery location, time taken by the Rider for delivery, size of the delivery item and any additional and ancillary costs that may have been incurred by GoAvis for fulfilling its order. Our fees for the Services shall be charged on a per transaction basis, where prior to processing your request we will inform you about the fee payable. You will be required to pay upfront for the services through integrated payment platforms connected to the platform, or as well can pay after completion of the delivery of the packages. In case any payments are due and payable by you after the completion of services, for any reason whatsoever, you will be required to clear the payment towards such fee before you place another request for our Services.
In the event of any change in specification/details of delivery with request to the size of the delivery item, change in delivery location, change in pick up location or unusual wait time during pick up or delivery, GoAvis may levy an additional fee which shall be added to the subsequent invoice of the user.
We do not issue any physical copies of the invoices for rendering our services; however, you will always be able to view the e-copy of your invoices on your Application upon request on the Application, a copy of the invoice will be delivered to your registered e-mail address after successful completion of our Services.
- Pick Up and Drop Off Services: While initiating a request for a Pick Up and Drop Off Service, You shall pay the service fees for availing the Pick Up and Drop Off Service, as may be displayed to You on the Platform. Only upon making such payment, Rider will initiate the Pick Up and Drop of Service.
- Bike Taxi Service: While initiating a request for a Bike Taxi Services on the Platform, You shall pay the service fees for availing the Bike Taxi Services, as may be displayed to You on the Platform. Only upon making such payment will you be eligible to avail the Bike Taxi Service.
- Service Fees: With respect to Delivery Services and Purchase Services, You will be charged a separate service fees. The Service Fees shall be paid prior to availing any of GoAvis services.
- You agree that GoAvis may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform.
PART B – SPECIFIC TERMS FOR GOAVIS SERVICES
- Cancellation and Refund:
- GoAvis shall confirm and initiate the execution of the transaction initiated by you upon receiving confirmation from You for the same. If you wish to cancel a transaction on the platform, You shall select the cancel option on the Platform
- GoAvis may cancel the transaction initiated by You on the Platform, if:
- The designated address to avail the GoAvis Services provided by You is outside the service zone of GoAvis.
- Failures to get your response via phone or any other communication channels at the time of confirmation the order booking.
- The transaction involves supply of any material good that is illegal, offensive or violative of the Terms of Use.
- Information, instructions and authorization provided by You is not complete or insufficient to execute the transaction initiated by You on the Platform.
- If a Rider is not available to perform the services, as may be requested.
- If the transaction cannot be completed for reasons not in control of GoAvis.
- You shall only be liable to claim refunds for the transactions initiated by You only if You have already Pre-paid the fees with respect to such transaction.
- Pick-Up & Drop-Off Services:
- As a part of the GoAvis Services, GoAvis gives You an option to avail the Pick Up and Drop Off Services primarily provided by the Delivery Partners.
- You can initiate a transaction on the Platform by which You can (through the help of Rider) send packages at a particular location. The Pick Up and Drop Off Services are provided directly By GoAvis.
- Upon initiation of a request for Pick Up and Drop Off Services on the platform. GoAvis will assign a Rider to You. The Delivery Partner shall Pick Up the item from a location designated by You. While performing the Pick Up and Drop Off Services, the Delivery Partner shall act as an agent of You and shall act in accordance with Your instructions. You agree and acknowledge that the pick-up location and the drop off location have been added by You voluntarily and such information will be used for the GoAvis Services and shall be handled by GoAvis in accordance with the terms of its Privacy Policy.
- You agree that You shall not request for a Pick Up and Drop Off Services for items which are illegal, hazardous, dangerous, or otherwise restricted or constitute items that are prohibited by any statute or law or regulation or the provisions of this Terms of Use.
- You agree that before requesting a Pick-up and Drop—off Service, You are well aware of the contents of the package sent or requested by You through our registered Delivery Partner, and that such contents are illegal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemical, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, semi-precious stones including commercial carbons or industrial diamonds, currency ( paper or coin) of any nationality, securities( including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments inn bearer form, cashiers cheques, traveler’s cheques, money orders, passports, credit/debit/ATMcards, antiques, work of art, lottery tickets and gambling devices, insects, human corpses, organ or body parts, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorization/license is required under applicable laws.
- You are also aware that the Delivery Partner may choose to perform the Pick Up and Delivery Services requested by You from “Any store in the city” through our Platform, Delivery Partners and GoAvis will only be serving as technological medium for the Pick-up of Packages and transportation by our Delivery Partners to the the Drop-Off location and that GoAvis and Delivery Partners shall not be liable for the products that are to be collected from “Any store in the city”.
Cancellations:
As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, GoAvis shall have a right to charge you cancellation fee of a minimum INR 20 upto the order value.