Terms and Conditions
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These Terms and Conditions (“Terms” or “Terms of Use”) are an electronic record published in accordance with the
provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the
rules and regulations, privacy policy and terms of use for access or
usage of website and its mobile application, and other provisions of
the Information Technology Act, 2000, rules made thereunder as
applicable, and the amended provisions pertaining to electronic
records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system
and does not require any physical or digital signatures.
General:
M/s Frugal Scientific Private Limited, which also includes its
subsidiaries and affiliates) is a company registered under the
Companies Act, 2013, with its registered office at #677, 1st Floor,
13th Cross Road, 27th Main Rd, 1st Sector, HSR Layout, Bengaluru,
Karnataka 560102, India. M/s Frugal Scientific Private Limited is
the author and publisher of the internet resource www.logisrunner.com
(“Website”) on the World Wide Web as well as the
software and applications (including mobile application) under the
brand name ‘ logisRunner ’ (Website, software and mobile application are
hereinafter collectively referred to as the
“Platform”, “Application” or the
“logisRunner Application”).
The terms 'You' or 'Your' or ‘User’ refer to You as the Users
(irrespective of whether You are a Registered Users or
Non-Registered Users and the terms ‘logisRunner' or 'We' or 'Us' or
'Company', and 'Our' refer to M/s Frugal Scientific Private Limited.
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF THE PLATFORM.
THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AVAILABLE AT
www.logisrunner.com AND OTHER POLICIES WHICH MAY BE APPLICABLE TO
SPECIFIC PORTIONS OF THIS PLATFORM CONSTITUTE THE TERMS OF YOUR
ACCESS TO AND USAGE OF THE PLATFORM. BY CLICKING ON THE 'I ACCEPT'
BUTTON AT THE END OF THIS PAGE OR ACCESSING OR USING THIS
PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY
POLICY AND OTHER POLICIES WHICH MAY BE APPLICABLE TO THIS
PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE,
THE PRIVACY POLICY, AND OTHER POLICIES WHICH MAY BE APPLICABLE TO
SPECIFIC PORTIONS OF THE PLATFORM PLEASE DO NOT ACCESS OR USE THE
PLATFORM.
These Terms of Use, the Privacy Policy together with any other
policies or additional terms which may be applicable to specific
portions of the Platform and any disclaimers which may be present on
the Platform are referred to as the "Agreement".
We are not required to notify You, whether as a Registered User or
not, of any changes made to the Terms. The revised Terms shall be
made available on the Platform. Your use of the Platform and the
services provided thereon (“Services”) shall be subject to the most
current version of the Terms made available on the Platform, at the
time of such usage. You are requested to regularly visit the
Platform to view the most current Terms. It shall be your
responsibility to check the Terms periodically for changes. We may
require You to provide Your consent to the updated Terms in a
specified manner prior to any further use of the Platform and/or the
Services. If no such separate consent is sought, Your continued use
of the Platform, following changes to the Terms, will constitute
your express acceptance of those changes.
logisRunner reserves the right to add periodical updates, additional
features, modification of Platform, removal of some features
depending on the market requirements and policy changes.
The Services on this Platform are available only in India. However,
visitor outside India may browse through the information provided on
the Platform.
The Agreement supersedes all previous oral and written terms and
conditions (if any) communicated to You.
1. THE PLATFORM
1.1. Users:
"Non-Registered Users" are users who are not
registered with the Platform but may access information on the
Platform. Certain features of the Platform are available to
Registered Users/Agencies/Agenets only.
"Customers" or “” are residents or
representative of local commercial firms, who are registered with
the Platform by creating an account by providing requisite
information for the purpose of purchasing waste collection service,
other recycling and consumer services from Agencies.
“Agencies” are licensed waste and scrap collection
service providers, which are registered with the Platform by
creating an account by providing requisite information.
“Agents” are autherized collection agents or staffs
of Agencies or staffs of local government bodies or members of local
selhelp group, who are registered with the Platform by creating an
account by providing requisite information.
Customers, Agencies and Agents are collective referred to as
“Registered Users”.
Registered Users and Non-Registered Users are collectively be
referred to as "Users".
1.2 Eligibility to Use:
Use of the Platform and the Services therein is available only to
persons who can form legally binding contracts under Indian Contract
Act, 1872. Persons who are “incompetent to contract” within the
meaning of the Indian Contract Act, 1872, including minors etc. are
not eligible to use the Platform. The Platform shall also not be
available to any Users suspended or removed from the Our system for
any reason whatsoever. If You do not conform to the above
qualification, You shall not access the Platform or will not be
permitted to use the Platform. By accessing and using this Platform,
You represent that You are of legal age to form a binding contract
and are not a person barred from receiving Services under the laws
as applicable in India. Notwithstanding the foregoing, if You are
below the age of eighteen (18) years, You may avail the Services
provided by the Platform through Your legal guardian in accordance
with the applicable laws. Company reserves the right to terminate
your registration and / or refuse to provide you with access to the
Platform if it is brought to OUR notice or if it is discovered that
you are under the age of 18 years. We reserve the right to refuse
access to the Platform or provision of the Services to new Users or
to terminate access granted to existing Users at any time without
according any reasons for doing so and You shall have no right to
object to the same.
1.3. Services:
logisRunner is an online connectivity platform which enables the
customers to connect to nearby Agencies and opt for regular waste
collection. In this process, logisRunner does not involve in any sort of
trading and sales activities other than connecting a customer and a
agency and their agent.
logisRunner may levy an amount of fees and charges, as decided by
logisRunner, to the Registered Users for availing the Services.
1.4. Specific Terms of Use:
- For Customers:
-
The Platform allows you to find nearby registered collection
agency and subscribe for the regualr collection service from
the list of agencies. The Platform will use your GPS Location
to detect and provide you the list of Agencies near your
location with the requisite waste service. You can place Your
order directly to the Agency through the Platform. The Agency
may accept or reject Your order. If the Agency accepts Your
order, the terms of payment, delivery and return are
independently governed by the respective Agency. We will not
in any case be held liable under any law for any defect in the
services supplied, prices of the services, delivery or
return/cancellation related issues.
-
We will not in any case be held liable under any law for any
defect in the services supplied, prices of the services,
delivery or return/cancellation related issues.
- For Agencies
-
The Platform allows You to accept an order placed by the
Customers. If You accept an order, You shall be solely
responsible for fulfilling the order. The terms of payment,
delivery and return are independently governed between You and
the Buyer.
-
You shall be solely responsible for verifying the authenticity
of the order from the customers and you shall under no
circumstance accept an order, if it waste/scrap materials are
not placed segrated and packaged separatly.
-
You shall be solely responsible for the collection service by
You and We will not in any case be held liable under any law
for any issues in the materials collected, prices of the
services or return/cancellation related issues.
- For Agents
-
You can use the Platform to accept order from Customer and
supply the services to them. If You are supplying services to
Customer, the terms of payment, collection and cancellation
are independently governed between You and the Agent. We will
not in any case be held liable under any law for any defect in
the services supplied, prices of the services, delivery or
return/cancellation related issues.
-
Its the duty and responsibility of the Agency to verify the
statutory licenses like GST, license and any other licenses
required as per the applicable laws of the Govgt and placing
orders through the platform, to establish and function as
Agencies.
2. GENERAL TERMS FOR USERS
2.1. For all Users (Registered Users and Non-Registered Users)
2.1.1. You will use the Platform and the features provided on the
Platform only in relation to and in compliance with all applicable
Indian laws. You will not use this Platform or any feature provided
on the Platform for any purposes not intended under this Agreement.
2.1.2. You will not deliberately use the Platform in any way that is
unlawful harms the Company, its directors, employees, affiliates,
partners, service providers and/or any Users and/or data or content
on the Platform.
2.1.3. You understand that as part of Your registration process as
well as in course of Your use of the Platform, You may receive
notification from Us on Your registered mobile number. These
messages will relate to Your registration, transactions that You
carry out through the Platform , One Time Password and any such
information found suitable of Your attention by Us. It is Your
responsibility to ensure that You always provide with correct and
uptodate contact number. Further, We may also send notifications and
reminders to You with respect to your orders, the features that You
may be using on the Platform, etc. You hereby consent to receive
such messages from Us.
2.1.4. The Services provided by Us are on an "as is" and “as
available’ basis, and without any warranties or conditions (express
or implied, including the implied warranties of merchantability,
accuracy, fitness for a particular purpose, title and
non-infringement, arising by statute or otherwise in law or from a
course of dealing or usage or trade). We do not provide or make any
representation, warranty or guarantee, express or implied about the
Platform or the Services. We do not guarantee the accuracy or
completeness of any content or information provided by Users on the
Platform. To the fullest extent permitted by law, We disclaim all
liability arising out of the Users’ use or reliance upon the
Platform, the Services, representations and warranties made by other
Users, the content or information provided by the Users on the
Platform, or any opinion or suggestion given or expressed by Us or
any User.
2.1.5 If We determines that You have provided fraudulent,
inaccurate, or incomplete information, including through feedback,
We reserve the right to immediately suspend Your access to the
Platform or any of Your accounts with Us and makes such declaration
on the Platform alongside your name as determined by Us for the
protection of our business and/ or in the interests of Users. You
shall be liable to indemnify Us for any losses incurred as a result
of your misrepresentations or fraudulent use of the Platform.
2.1.6 By using the Platform and/or registering yourself with the
Platform, You authorize Us to contact You via email/phone/message
and offer you Services, imparting product knowledge, offer
promotional offers running on Platform, for which reasons,
personally identifiable information may be collected. Irrespective
of the fact that You have registered yourself under DND or DNC or
NCPR service, You still authorize Us & associate partners to
contact you for the above mentioned purposes.
2.1.7 We assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect Users’ equipment on account
of Users’ access to, use of, or browsing the Platform or the
downloading of any material, data, text, images, video content, or
audio content from the Platform. If a Users is dissatisfied with the
Platform, Users’ sole remedy is to discontinue using the Platform.
2.2. For Registered Users
2.2.1. You acknowledge that this Platform is only for the Services
provided above. We are not in the business of providing Agency or
recycling services and service.
2.2.2. logisRunner collects, directly or indirectly, and displays on the
Platform, relevant information regarding the profile of the
Registered Users listed on the Platform, such as their location,
visiting hours, and similar details. logisRunner takes reasonable
efforts to ensure that such information is updated at frequent
intervals. Although logisRunner screens and vets the information and
photos submitted by the Registered Users, it cannot be held liable
for any inaccuracies or incompleteness represented from it, despite
such reasonable efforts. We encourage You to independently verify
any information You see on the Platform including information
provided by Registered Users. You will use the Platform and the
features provided by the Platform only in relation to and in
compliance with all applicable Indian laws. You will not use this
Platform or any feature provided by the Platform for any purposes
not intended under this Agreement.
2.2.3. The Platform allows You to select and interact with
Registered Users. In doing so, logisRunner can help providing You with
lists and/or profile previews of Registered Users who may be
suitable to deliver the service that You are seeking based on
information that You provide to logisRunner (such as area of specialty
and geographical location). You may accept of reject the order at
Your discretion. logisRunner has no liability if such order is later
cancelled by the Registered Users or any misplaced consignments or
any non receipt of payments if You make a supply against an order.
2.2.4. Please note that logisRunner (i) does not recommend or endorse
any Registered Users mentioned on the Platform; and (ii) does not
make any representations or warranties with respect to Registered
Users or the quality of the services they may provide.
2.2.5 You will obtain all relevant consents and approvals prior to
posting or providing any content.
2.2.6. You may avail Registered Users’ service through the Platform
for Your family members and friends. However, please note that You
will be solely responsible for any activity that is undertaken
through Your account on behalf of Your family members and friends.
2.2.7. The Platform may be linked to the website of third parties,
affiliates and business partners for additional information, list of
services & services, payment gateways, etc. logisRunner has no
control over, and not liable or responsible for content, accuracy,
validity, reliability, quality of such websites or made available
by/through Our Platform. Inclusion of any link on the Platform does
not imply that logisRunner endorses the linked site. Users may use the
links and these services at Users’ own risk.
2.2.8 Without prejudice to the generality of the above, logisRunner is
not involved in providing any recycling advice and hence is not
responsible for any interactions between Users and the Registered
Users. Users understands and agrees that logisRunner will not be liable
for:
i. Users interactions and associated issues Users has with the
Registered Users;
ii. the ability or intent of the Registered Users or the lack of it,
in fulfilling their obligations towards Users;
iii. any services and services being given by the Registered Users,
or any negligence on part of the Registered Users;
iv. inappropriate treatment, or similar difficulties or any type of
inconvenience suffered by the Users due to a failure on the part of
the Registered Users to provide agreed Services;
v. any misconduct or inappropriate behaviour by the Registered Users
or their staff;
vi. cancellation or no show by the Registered Users or rescheduling
of service or any variation in the invoiced amount;
vii. late arrival or non-arrival of the services on time, for
reasons beyond the control of logisRunner.
viii. Any online payment transaction failures due to the issues
related to payment gateway or bank websites or telecommunication
connectivity problems.
3. ROLE OF logisRunner
3.1. logisRunner's role is limited to a) providing a platform for
hosting and publishing Users’ content, b) providing a platform for
Customers to subscribe waste collection service, other recycling and
consumer services from Agencies c) providing a platform for Agencies
to sell waste collection service, other recycling and consumer
services to Customers, d) providing a platform for Agencies to
purchase waste collection service from Agents, e) providing a
platform for Agents to sell waste collection service to Agencies, f)
providing a platform for private interaction between Registered
Users g) providing a platform to find Registered Users based on
Registered Users' inputs and Registered Users profiles created by
Registered Users themselves and h) facilitating payment gateway for
Registered Users.
3.2. logisRunner's role is that of an 'intermediary' as defined under
the Information Technology Act, 2000 and the rules thereunder. Being
an intermediary, logisRunner has no responsibility and / or liability in
respect of the content and transactions on the Platform including
any Users’ content, or information provided by Registered Users,
interactions between Registered Users.
3.3. logisRunner does not have the obligation to pre-screen or monitor
Users’ content at any time. However, logisRunner may elect to monitor
any Users’ content and remove any Users’ content from the Platform
if logisRunner determines in its sole discretion that such Users’
content is in violation of this Agreement or any applicable law and
best practices. Where logisRunner removes any Users’ content from the
Platform, logisRunner will make reasonable efforts to inform the
Registered Users who had posted such Users’ content. Such actions do
not in manner negate or dilute logisRunner's position as an intermediary
or impose any liability on logisRunner with respect to Users’ content.
3.4. If logisRunner suspects any illegal, wrongful or fraudulent
activity on the Platform by any Users, notwithstanding any other
rights logisRunner may have, logisRunner reserves the right to inform the
relevant government or law enforcement authorities. logisRunner will
cooperate in all investigative procedures or requests for access /
information initiated by any such government or law enforcement
authorities.
3.5. logisRunner does not endorse or influence control over any
particular branch of waste collection service, theory, opinion,
viewpoint or position on any topic.
4. LINKS TO THIRD PARTY WEBSITES
4.1. You may be provided with links on the Platform that direct You
to third party websites / applications / content or service
providers, including advertisers and e-commerce websites
(collectively "Third Party Websites").
4.2. Links to such Third Party Websites are provided for Your
convenience only. Please exercise Your independent judgment and
prudence when visiting / using any Third Party Websites via a link
available on the Platform. Should You decide to click on the links
to visit such Third Party Website, You do so of Your own volition.
Your usage of such Third Party Websites and all content available on
such Third Party Websites is subject to the terms of use of the
respective Third Party Website and logisRunner is not responsible for
Your use of any Third Party Websites.
4.3. logisRunner does not endorse any Third Party Websites that You may
be directed to from the Platform.
4.4. We may provide for payment links on Our Platform. By clicking
on such links, You shall be navigated to a third party payment
aggregator’s website for processing the payment for the Services
availed by You on the Platform. (“Third Party Payment Provider”)
4.5. These Third Party Payment Providers may include third party
banking or credit card payment gateways, payment aggregators, mobile
payment service providers as may be authorized by the Reserve Bank
of India for collection of payment or supporting the same in any
manner.
4.6. You may be required to enter details including Your Personal
Information, debit card/credit card details, net banking or UPI
details etc, for the payment on such Third Party Payment Providers’
website for processing of payment. The payment shall be processed
subject to the policy and terms of use of such Third Party Payment
Providers
4.6. Any failure in payment, loss or theft of Personal Information
or any other payment related issues shall be governed by the terms
and conditions and privacy policy of such Third Party Payment
Providers. You understand, accept and agree that the payment links
provided by Us is neither a banking nor financial service but is
merely a facilitator. We shall not in any manner be held responsible
and that no liability whatsoever shall be attracted to logisRunner for
any failure by the Third Party Payment Providers.
5. PROPRIETARY RIGHTS
5.1. logisRunner respects the intellectual property rights of others,
and We expect the same from You. The Platform, Users’ content and
the logisRunner Content, including but not limited to all text,
graphics, Users interfaces, visual interfaces, sounds and music (if
any), artwork and computer code (collectively, the “Content”) on the
Platform is owned and controlled by Company and the design,
structure, selection, coordination, expression, look and feel and
arrangement of such Content is protected by copyright, patent and
trademark laws, and various other intellectual property rights.
5.2. logisRunner assert all proprietary rights to the Platform and
logisRunner Content
5.2.1. All intellectual property in and to the Platform, any
software, techniques and processes used in connection with the
Platform, belongs exclusively to logisRunner or its licensors. Through
Your use of the Platform, by no means are any rights impliedly or
expressly granted by logisRunner to You in respect of such works.
5.2.2. logisRunner and/or its licensors assert all proprietary rights in
and to all names and trademarks contained on the Platform.
Notwithstanding the generality of the foregoing, the name, "logisRunner"
is the trademark and copyright (or any other intellectual property
right) of logisRunner. Any use of the logisRunner's trademarks or copyright,
unless otherwise authorized in a written agreement, will constitute
an infringement upon the trademark and copyright (or any other such
intellectual property right) of logisRunner and may be actionable under
the applicable laws.
5.2.3. Except as stated otherwise in this Agreement all logisRunner
Content (including all intellectual property rights to such content)
is owned exclusively by logisRunner and/or its licensors.
5.2.4. When You use the Platform in accordance with this Agreement,
a limited royalty-free right is granted to You by logisRunner to use
logisRunner Content for personal and non-commercial use in India for the
time that You are either a Registered Users or for the time that You
make use of the Platform, whichever is less.
5.2.5. Unless explicitly stated herein, nothing in this Agreement
shall be construed as conferring on You any license to intellectual
property rights, whether by estoppel, implication, or otherwise.
5.2.6. Unless expressly authorized by logisRunner, You agree not to
reproduce, modify, sell, distribute, mirror, frame, republish,
download, transmit, or create derivative works of the logisRunner
Content, in whole or in part, by any means. You must not remove or
modify any copyright or trademark notice, or other notice of
ownership.
5.3. Rights in Users’ content
5.3.1. You agree that You are the owner of all rights (including all
intellectual property rights) in the Users’ content that You post on
the Platform or provide to logisRunner.
5.3.2. You hereby grant logisRunner a perpetual, non-revocable,
worldwide, royalty-free license to make use of such Users’ content
including the right to copy, distribute, display, reproduce, modify,
adapt, the Users’ content and create derivate works of the Users’
content.
6. PERSONAL INFORMATION
6.1. We may collect various personal information from You when You
use the Platform and/or the features provided by the Platform.
6.2. Our Privacy Policy available at www.logisrunner.com sets out Our
policy with respect to the collection, storage, use, transfer and
protection of any such personal information.
6.3. When You click on the 'I accept' or 'I agree' tab at the time
of registering or otherwise provide Your personal information, You
specifically consent to Our Privacy Policy.
6.4. logisRunner may disclose Your personal information in accordance
with applicable law.
7. DISCLAIMERS
7.1. Interaction between the Registered Users on the Platform:
7.1.1. You understand and agree that any interactions and associated
issues with the Registered Users on the Platform, is strictly
between You and the concerned Registered Users. You shall not hold
logisRunner responsible for any such interactions and associated issues.
logisRunner is not involved in the providing any recycling advice and
hence is not responsible for any outcome between you and the
Registered Users You interact with. If you decide to engage with a
Registered Users to provide services to you, you do so at your own
risk.
7.1.2. The results of any search you perform on the Platform for
Registered Users, or provision of access to any Registered Users on
the basis of Your specific request, should not be construed as
endorsement by this Platform of any such particular Registered
Users. We make no guarantees, representations or warranties, whether
expressed or implied, with respect to professional qualifications,
quality of work, expertise of the Registered Users. The search
results are based on an object computer algorithm.
7.1.3. logisRunner shall not be responsible for any breach of Service or
Service deficiency by any Registered Users, including but not
limited to, the emergency services.
7.1.4. We can neither assure that all transactions on the Platform
will be completed nor do We guarantee the ability or intent of the
Registered Users to fulfil their obligations in any transaction. We
advise you to perform Your own investigation prior to selecting a
Registered Users.
7.1.5. The Platform, Services, Content, Users’ content and any third
party Content are provided by logisRunner on an "as is" basis without
warranty of any kind, express, implied, statutory or otherwise,
including the implied warranties of title, non-infringement,
merchantability or fitness for a particular purpose. without
limiting the foregoing, logisRunner makes no warranty that (i) the
Platform or the Services will meet Your requirements or Your use of
the Platform or the Services will be uninterrupted, timely, secure
or error-free; (ii) the results that may be obtained from the use of
the Platform or Services will be effective, accurate or reliable;
(iii) the quality of the Platform or Services will meet your
expectations; or that (iv) any errors or defects in the Platform or
Services will be corrected. No advice or information, whether oral
or written, obtained by you from logisRunner or through the Platform /
Content or from use of the Services shall create any warranty not
expressly stated in these Terms.
7.1.6 To the maximum extent permitted by applicable law, logisRunner
will have no liability related to Users’ content and / or third
party content arising under intellectual property rights, libel,
privacy, publicity, obscenity or other laws. logisRunner also disclaims
all liability with respect to the misuse, loss, modification or
unavailability of any Users’ content and / or third party content.
7.1.7 You expressly understand and agree that, to the maximum extent
permitted by applicable law, logisRunner will not be liable for any loss
that you may incur as a consequence of unauthorized use of Your
account or account information in connection with the Platform or
any Services, either with or without Your knowledge. logisRunner has
endeavoured to ensure that all the information on the Platform is
correct, but logisRunner neither warrants nor makes any representations
regarding the quality, accuracy or completeness of any data,
information, product or Service. logisRunner 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, services,
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.
Further, logisRunner shall not be held responsible for non-availability
of the Platform during periodic maintenance operations or any
unplanned suspension of access to the Platform that may occur due to
technical reasons or for any reason beyond logisRunner’s control. The
Users understands and agrees that any material or data downloaded or
otherwise obtained through the Platform is done entirely at their
own discretion and risk and they will be solely responsible for any
damage to their computer systems or loss of data that results from
the download of such material or data. logisRunner is not responsible
for any typographical error leading to an invalid coupon. logisRunner
accepts no liability for any errors or omissions, with respect to
any information provided to You whether on behalf of itself or third
parties.
7.1.8 You expressly understand and agree that, logisRunner provides a
technology based platform and logisRunner will not be liable for any
injury, loss or damage, whether to Your person or property or to the
person or property of any other person whom You are interested in
that You may incur as a consequence of any accident, incident,
mishap, tragedy or trouble arising out of any transaction made on or
through this Platform of logisRunner or incidental thereto.
7.1.9 That You and You on behalf of Your legal heirs hereby
understand, agree, declare and affirm that, logisRunner cannot be made a
party to any legal proceeding, whether civil or criminal, arising
out of any transaction made on or through this Platform of logisRunner
or incidental thereto, for any dispute relating to injury, damage or
loss whether to Your person or property or to the person or property
of any other person whom You are interested in.
7.1.10 That You and You on behalf of your legal heirs hereby
understand, agree, declare and affirm that, logisRunner shall not be
liable for any criminal prosecution for any offence defined in
Indian Penal Code, 1860 or any other applicable laws including
Recycling and consumer protection laws for time being in force,
which occurs as a consequence of any accident, incident, mishap,
tragedy or trouble arising out of any transaction made on or through
this Platform of logisRunner or incidental thereto.
7.2. Information regarding Registered Users:
Information regarding Registered Users found on the Platform is
intended for general reference purposes only. Such information found
on the Platform is mainly self-reported by the Registered Users.
Such information often changes frequently and may become out of date
or inaccurate. Neither the Platform nor logisRunner provides any advice
or qualification certification about any particular Registered
Users. You are encouraged to independently verify any such
information You see on the Platform with respect to Registered
Users.
7.3. No Professional Relationship:
Please note that some of the content including text, data, graphics,
images, information, suggestions, guidance, and other material that
may be available on the Platform (including information provided in
direct response to Your questions or postings) may be provided by
Registered Users. The provision of such content to You by logisRunner
does not constitute delivery of health care or Agency services or
diagnostic services to You and does not create a professional
relationship between logisRunner and You.
7.4. No Recycling Advice Provided:
The content provided by the Platform, either by logisRunner or by
Registered Users, should not be construed under any circumstances to
be an opinion, Recycling advice, or diagnosis or treatment of any
particular condition, but is only provided to assist You with
locating Registered Users.
If You rely on any of the Information provided by the Platform, You
do so solely at Your own risk. The Information that You obtain or
receive from logisRunner, and its employees, contractors, partners,
sponsors, advertisers, licensors or otherwise on the Platform is for
informational and scheduling purposes only. In no event shall We be
liable to You or anyone else for any decision made or action taken
by You in reliance on such information.
7.5. Non-substitution of professional recycling advice:
The Information provided on the Platform and in any other
communications from or provided through logisRunner is not intended as a
substitute for, nor does it replace, professional Recycling advice,
diagnosis, or treatment. Do not disregard, avoid or delay obtaining
Recycling advice from a qualified health care professional because
of advice that You may have obtained through the Platform. Your use
of Information provided on the Platform is solely at Your own risk.
Nothing stated or posted on the Platform or available through any
Services is intended to be, and must not be taken to be, the
practice of waste collection service or the provision of Recycling
care. You acknowledge and confirm that logisRunner shall not be
responsible for Your treatment or be treated as a health care
provider, for any reason whatsoever.
7.6. logisRunner disclaims any representation and/or warranty for the
security, reliability, quality, timeliness, and performance of (i)
the Platform and Services, including but not limited to emergency
services; (ii) Registered Users who responds to other Registered
Users or who interacts privately; (iii) any information, content or
advice available on or received through the Platform (iv) access to
or alteration of Users’ content (v) transmissions or data and (vi)
any other matter relating to the Platform and / or Services.
7.7. logisRunner makes no warranty or representation that any errors in
the Platform will be corrected except as required by law.
7.8. logisRunner assumes no responsibility and/or liability with respect
to any Users’ content which You may post on the Platform and you are
solely responsible for such Users’ content posted on the Platform.
7.9. You agree that the open and real-time nature of the Platform
makes it impossible for logisRunner to vouch for the validity,
authenticity and honesty of Users’ content. logisRunner is not
responsible for any Users’ content on the Platform, or for the
consequences of You reading or relying on such content.
7.10. The Platform is provided on a "as is" and "as available"
basis. Neither logisRunner nor any third party service providers are
liable for any technical or other operational difficulties or
problems which may result in loss of Your data, personalization
settings or other interruptions in the features offered on the
Platform. Neither logisRunner nor any third party is liable for the
deletion, loss, mis-delivery, timeliness or failure to store or
transmit any Users’ content, logisRunner Content or Your personalization
settings.
7.11. logisRunner does not provide any guarantee and shall not be held
liable or responsible for the failure to send SMS or other
notifications or reminders to You as a feature of the Platform.
7.12. Neither the Registered Users nor logisRunner shall be responsible
or liable for any breach or loss of data including personal
information caused due to events beyond the control of the
Registered Users / logisRunner or due to technical reasons or third
party actions.
8. LIMITATION OF LIABILITY:
8.1. To the fullest extent permitted by law, in no event will
logisRunner or its affiliates be liable for any direct, indirect,
special, incidental, punitive, exemplary or consequential damages
(including, without limitation, loss of business, revenue, profits,
goodwill), whether or not logisRunner has been warned of the possibility
of such damages or could have reasonably foreseen such damages.
Notwithstanding anything to the contrary in this Agreement,
logisRunner's liability under this Agreement to You shall in no event
exceed the amount of convenience fee collected from You in the that
particular transaction/transactions on which damages are claimed.
9. REPRESENTATION AND WARRANTIES
By using this Platform You represent and warrant that:
9.1. You are 18 years of age or older and that Your use of the
Platform shall not violate any applicable law or regulation;
9.2. All registration information You submit is truthful and
accurate and that You agree to maintain the accuracy of such
information;
9.3. Your use of this Platform shall be subjected to the following
restrictions:
9.3.1. You will not delete or modify any content of the Platform
including but not limited to, legal notices, disclaimers or
proprietary notices such as copyright or trademark symbols, logos,
that You do not own or have express permission to modify;
9.3.2. You will not decompile, reverse engineer, or disassemble the
content, or
9.3.3. You will not remove any copyright, trademark registration, or
other proprietary notices from the Platform. You further agree not
to access or use this Platform in any manner that may be harmful to
the operation of this Platform or its content.
9.3.4. You will not use the Platform and / or services in any way
that is unlawful, or harms the Company or any other person or
entity, as determined in the Company's sole discretion.
9.3.5. You will not engage in any form of antisocial, disrupting, or
destructive acts, including "flaming", "spamming", "flooding",
"trolling", "phishing" and "grieving" as those terms are commonly
understood and used on the Internet.
9.3.6. You will not host, display, upload, modify, publish,
transmit, update or share any information that —
(a) belongs to another person and to which the Users does not have
any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary
rights(s), violates any law for the time being in force;
(e) deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive
or menacing in nature;
(f) impersonate another person;
(g) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer resource;
(h) threatens the unity, integrity, defence, security or sovereignty
of India, friendly relations with foreign states, or public order or
causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting any other
nation.
9.3.7 You shall not have more than one active account on the
Platform at a time. Additionally, You are prohibited from selling,
trading, or otherwise transferring Your account to another party.
10. INDEMNIFICATION
10.1 You agree to indemnify, defend and hold harmless logisRunner, its
subsidiaries, affiliates, agents and their respective directors,
officers, employees, contractors and agents (hereinafter
individually and collectively referred to as "Indemnified Parties")
from and against any and all losses, liabilities, claims, suits,
proceedings, penalties, interests, damages, demands, costs and
expenses (including legal and other statutory fees and disbursements
in connection therewith and interest chargeable thereon) asserted
against or incurred by the Indemnified Parties that arise out of,
result from, or in connection with (i) Your breach of the
Agreement(s); or (ii) any claims made by any third party due to, or
arising out of, or in connection with, Your use of the Platform or
(iii) any claim that any third party content / content, information
or materials provided by You caused damage to a third party; or (iv)
Your violation of any rights of another, including any intellectual
property rights.
10.2 logisRunner may notify You of any claims which You shall be liable
to indemnify logisRunner against. You will then be required to consult
with the Company regarding the course of action to be undertaken in
defending such a claim. Further, You shall not compromise or settle
any claim or admit any liability or wrongdoing on the part of the
Company without the express prior written consent of logisRunner which
can be withheld or denied or conditioned by logisRunner in its sole
discretion.
10.3 Notwithstanding anything to contrary in the Agreement(s), in no
event shall the Indemnified Parties be liable to You for any
special, incidental, indirect, consequential, exemplary or punitive
damages whatsoever, including those resulting from loss of use, data
or profits, whether or not foreseeable or whether or not logisRunner has
been advised of the possibility of such damages, or based on any
theory of liability, including breach of contract or warranty,
negligence or other tortious action, or any other claim arising out
of or in connection with Your use of or access to the Platform,
Services or Content.
11. TERMINATION
11.1 logisRunner reserves the right, in the event it finds out in its
sole discretion that You breached the Agreement, to suspend and / or
terminate Your Users account and/or access to the Platform by
blocking Your IP address or email id with or without notice to You.
Any suspected illegal, fraudulent or abusive activity may be grounds
for suspending and / or terminating Your Users account and/or Your
access to the Platform. Upon suspension or termination, Your right
to use the features on the Platform shall immediately cease and the
Company reserves the right to remove or delete Your information that
is available with the Company, including but not limited to login
and account information.
11.2 Upon Users account termination or suspension, regardless of the
reasons therefore, Your right to use the Platform, Users’ content or
logisRunner Content immediately ceases, and You acknowledge and agree
that We may immediately deactivate or delete Your account and all
related information and files in Your account and/or bar any further
access to such files or this site. logisRunner shall not be liable to
You or any third party for any claims or damages arising out of any
termination or suspension of Your Users account or any other actions
taken by Us in connection with such account termination or
suspension.
12. GOVERNING LAW AND JURISDICTION
12.1 These Terms and all transactions entered into on or through the
Platform and the relationship between You and logisRunner or any of its
affiliates shall be governed in accordance with the laws of India
without reference to conflict of laws principles.
12.2 Arbitration:
12.2.1 Any dispute, claim or controversy arising out of or relating
to this notice or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of
the scope or applicability of this Agreement to arbitrate, or to
Your use of the Platform or its features or the information to which
it gives access, shall be determined by arbitration in India, before
a single arbitrator appointed in accordance with the Indian
Arbitration and Conciliation Act, 1996 and any amendments thereof.
The venue of such arbitration shall be Mumbai, India. All
proceedings of such arbitration, including, without limitation, any
awards, shall be in the English language. The award shall be final
and binding on the Parties.
12.2.2. Subject to the above, court of Mumbai, India shall have
exclusive jurisdiction to over this Agreement.
13. MODIFICATIONS
13.1. logisRunner reserves the right to modify any part of the Agreement
at any time without giving You prior notice.
13.2. When We update the Agreement, the next time You visit the
Platform, the Platform will provide a message to you (which may be
sent by SMS, notification or email if You have provided Your email
id) which will intimate You of the amendments. If You do not agree
to the amendments, please do not use the Platform any further.
14. PRIVACY POLICY
14.1 logisRunner views protection of Your privacy as a very important
principle. We store and process Your account information including
any sensitive personal / financial information collected (as defined
under the Information Technology Act, 2000), if any, on computers
that may be protected by physical as well as reasonable
technological security measures and procedures in accordance with
Information Technology Act 2000 and Rules there under. logisRunner’s
current Privacy Policy is available at www.logisrunner.com and the
Privacy Policy is incorporated within the Terms and constitutes a
part of these Terms. If You object to Your information being
transferred or used in this way, please do not use Platform.
14.2 logisRunner will share / sell / transfer / license / covey some or
all your personal information with another business entity should We
(or Our assets) plan to merge with or are acquired by that business
entity, or re-organization, amalgamation, restructuring of business
or for any other reason whatsoever. Should such a transaction or
situation occur, the other business entity or the new combined
entity will be required to follow the privacy policy with respect to
Your personal information. Once You provide Your information to us,
You acknowledge that you are providing such information to Company
and affiliates of Company, and Company and its affiliate may use
such information to provide You various services with respect to
Your transaction whether such transaction are conducted on the
Platform or with third party merchant’s or Third Party Website.
14.3 The Users hereby consents, expresses and agrees that he has
read and fully understands the Privacy Policy of Company in respect
of the Platform. You further consent that the terms and contents of
such Privacy Policy are acceptable to You.
15. GENERAL PROVISIONS
15.1. Report abuse: In the event You come across any abuse or
violation of these Terms or if You become aware of any objectionable
content on the Platform, please report to logisRunner’s customer support
team.
15.2 Severability: If any provision of this Agreement is held by a
court of competent jurisdiction or arbitral tribunal to be
unenforceable under applicable law, then such provision shall be
excluded from the Agreement and the remainder of the Agreement shall
be interpreted as if such provision were so excluded and shall be
enforceable in accordance with its terms; provided however that, in
such event the Agreement shall be interpreted so as to give effect,
to the greatest extent consistent with and permitted by applicable
law, to the meaning and intention of the excluded provision as
determined by such court of competent jurisdiction or arbitral
tribunal.
15.2. Notices: All notices and other communications required or
permitted hereunder to be given to a Party shall be in writing, in
the English language, and shall be sent by facsimile, e-mail, or
mailed by prepaid internationally-recognized courier, or otherwise
delivered by hand or by messenger, addressed to such Party's address
as set forth below or at such other address as the Party shall have
furnished to the other Party in writing in accordance with this
provision:
If to logisRunner:
M/s Frugal Scientific Private Limited, 7/382-1, Krishna Nagar L N
Puram, Puthur Palakkad, Palakkad, Kerala - 678005, India.
If to the Registered User:
at the email address provided by You to Us when You registered as a
Registered User.
15.3. Waiver: No term of the Agreement shall be deemed waived and no
breach excused, unless such waiver or consent shall be in writing
and signed by the Party claimed to have waived or consented. Any
consent by any Party to, or waiver of a breach by the other, whether
expressed or implied, shall not constitute consent to, waiver of, or
excuse for any other different or subsequent breach.
15.4. Complete Understanding: The Agreement contain the entire
understanding of the Parties, and there are no other written or oral
understandings or promises between the Parties with respect to the
subject matter of the Agreement other than those contained or
referenced in the Agreement.
15.5. Force Majeure: logisRunner shall not be liable for any downtime or
delay or unavailability of the Platform caused by circumstances
beyond logisRunner's reasonable control, including without limitation,
acts of God, acts of government, floods, fires, earthquakes, civil
unrest, acts of terror, strikes or other labour problems, internet
service provider failures or delays, or denial of service attacks.
15.6. Advice of Counsel: Each Party acknowledges: (a) having fully
read the Agreement in its entirety; (b) having had full opportunity
to study and review the Agreement.
15.7. Advertisement: logisRunner shall have the right to place
advertisements and publicity materials of its choice, including that
pertaining to parties other than itself for commercial use through
electronic means on the Platform.
15.8. Assignment: You may not assign or sub-license, without the
prior written consent of logisRunner, the rights, duties or obligations
under this Agreement, in whole or in part, to any person or entity.
15.9. Conflict: In the event there is any conflict between the terms
set out in these Terms of Use, the Privacy Policy, and any other
policies applicable to specific pages of the Platform, the following
order of prevalence shall apply: (i) the Privacy Policy (ii) these
Terms of Use, and (iii) any other policies applicable to specific
pages of the Platform.