TERMS AND CONDITIONS
1.
CONTRACTUAL RELATIONSHIP
These Terms of Use ("Terms") govern the access or
use by you, an individual, from within India of applications, websites,
content, products, and services (the “Services”) made available by MyPrider
India Private Limited, a private limited company established in India, having
its registered office at
TC 14/1502, Arapuralane, Kannammoola, Trivandrum -695011,
Kerala.
PLEASE READ THESE
TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your
agreement to be bound by these Terms, which establishes a contractual
relationship between you and MyPrider. lf you do not agree to these Terms, you
may not access or use the Services. These Terms expressly supersede prior written
agreements with you.
Supplemental terms may apply to certain Services, such as
policies for a particular event, activity or promotion, and such supplemental
terms will be disclosed to you in connection with the applicable Services.
Supplemental terms are in addition to, and shall be deemed a part of, the Terms
for the purposes of the applicable Services. Supplemental terms shall prevail
over these Terms in the event of a conflict with respect to the applicable
Services.
MyPrider may restrict you from accessing or using the
Services, or any part of them, immediately, without notice, in circumstances
where MyPrider reasonably suspects that:-
-you have, or are likely to, breach these Terms; and/or
- you do not, or are likely not to, qualify, under applicable
law or the standards and policies of MyPrider and its affiliates, to access and
use the Services.
MyPrider may terminate these Terms or any Services with
respect to you, or generally cease offering or deny access to the Services or
any portion thereof:
immediately, where MyPrider
reasonably suspects that:
- you
have, or are likely to, materially breach these Terms; and/or
-you do
not, or are likely not to, qualify, under applicable law or the standards and
policies of MyPrider and
its affiliates, to access and use the Services; or
- on 30 days 'written notice to you, where myPrider,acting
reasonably,terminates these Terms or any Services for any legitimate business, legal
or regulatory reason.
Without limiting its other rights under these Terms,
myPrider may immediately restrict or deactivate your access if you breach the Community
Guidelines at any time.
You may terminate these Terms at any time, for any reason.
MyPrider may amend the any policies or supplemental terms
(including the Community Guidelines) related to the Services from time to time.
MyPrider will provide you with at least 30 days’ written notice in the event of
a material change to any policies or supplemental terms that detrimentally affects
your rights under these Terms. Amendments will be effective upon MyPrider’s
posting of such amended policies or supplemental terms on the applicable
Service. Your continued access or use of the Services after such posting, or
after the expiry of the notice period (whichever is later), constitutes your
consent to be bound by the Terms, as amended.
MODIFICATIONS TO
TERMS OF USE AND/OR PRIVACY POLICY
MyPrider reserves the right, in its sole discretion, to
change, modify, or otherwise amend the Terms, and any other documents incorporated
by reference herein for complying with legal and regulatory framework and for
other legitimate business purposes, at any time, and MyPrider will post the
amended Terms at the domain of www.MyPrider.com/terms. It is your
responsibility to review the Terms of Use for any changes and you are encouraged
to check the Terms of Use frequently. Your use of the website (www.myprider.com)
(“ Website") or Applications (as defined below) (collectively "myPrider
Platform”) following the date that amendments to the Terms of Use take effect
will signify your assent to and acceptance of any revised Terms of Use. lf you
do not agree to abide by these or any future Terms of Use, please do not use or
access the myPrider Platform.
PRIVACY POLICY
MyPrider has established a Privacy Policy that explains to
users how their personal information is collected and used.
The Privacy Policy is located at: Privacy Policy. The
Privacy Policy contains information about how users may seek access to and
correction of their personal information held by MyPrider and how they may make
a privacy complaint.
The Privacy Policy is hereby incorporated into the Terms of
Use set forth herein. Your use of this Website and/ or the Applications is
governed by the Privacy Policy.
MyPrider may disclose users’ personal information to third
parties. MyPrider may provide to a claims processor or an insurer any necessary
information (including your contact information) if there is a complaint,
dispute or conflict, which may include an accident, involving you and a third
party and such information or data is necessary to resolve the complaint,
dispute or conflict. MyPrider may also provide to a law enforcement agency, statutory
body, governmental agency and/or investigative agency any necessary information
(including your contact information) if required by law or in furtherance of
any investigation involving you and a third party and such information or data
is necessary towards the enquiry/investigation that is being carried out by the
said body and/or agency as the case may be.
2. THE
SERVICES
MyPrider will provide the Services to you under this
Agreement. The Services constitute the provision of a technology platform that
enables you, as a user of MyPrider’s mobile application (each, an ” Application")
or Website to: (a) arrange and schedule home-based services with independent
third party providers of those services, who have an agreement with MyPrider or
its affiliates (“ Third Party Providers”); and (b) facilitate payments to Third
Party Providers for the services and receive receipts for those payments.
The Services are made available solely for your personal,
non-commercial use, unless MyPrider has agreed with you otherwise in a separate
agreement. You acknowledge that MyPrider does not provide home-based services
and that all such home-based services are provided by independent third party
contractors who are not employed by myPrider or any of its affiliates. myPrider
accepts the liability for the Services and the myPrider platform that it
provides to you subject to these Terms. Third party Providers are responsible
for the services they provide to you.
Licence
Subject to your compliance with these Terms, MyPrider grants
you a limited, non—exclusive, non—sublicensable, revocable, non—transferrable
license to: (i) access and use the myPrider Platform on your personal device
solely in connection with your use of the Services; and (ii) access and use any
content, information and related materials that may be made available through
the Services, in each case solely for your personal, non-commercial use. Any
rights not expressly granted herein are reserved by MyPrider and MyPrider's
licensors.
Restrictions .
You may not: (i) remove any copyright, trademark or other
proprietary notices from any portion of the Services; (ii) reproduce, modify,
prepare derivative works based upon, distribute, license, lease, sell, resell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Services except as expressly permitted by MyPrider; (m)
decompile, reverse engineer or disassemble the Services except as may be
permitted by applicable law; (iv) link to, mirror or frame any portion of the
Services; (v) cause or launch any programs or scripts for the purpose of
scraping, indexing, surveying, or otherwise data mining any portion of the
Services or unduly burdening or hindering the operation and/or functionality of
any aspect of the Services; or (vi) attempt to gain unauthorized access to or
impair any aspect of the Services or its related systems or networks.
Provision of the
Services.
You acknowledge that portions of the Services may be made
available under MyPrider's various brands or request options. You also
acknowledge that the Services may be made available under such brands or
request options by or in connection with: (i) certain of MyPrider's
subsidiaries and affiliates; or (ii) independent Third Party Providers.
Third Party Services
and Content.
The Services may be made available or accessed in connection
with third party services and content (including advertising) that MyPrider
does not control. You acknowledge that different terms of use and privacy
policies may apply to your use of such third party services and content. MyPrider
does not endorse such third party services and content and in no event shall MyPrider
be responsible or liable for any products or services of such third party
providers. Additionally, Apple lnc., Google, lnc., Microsoft Corporation or
BlackBerry Limited and/or their applicable international subsidiaries and
affiliates will be third—party beneficiaries to this contract if you access the
Services using Applications developed for Apple iOS, Android, Microsoft Windows,
or Blackberry—powered mobile devices, respectively. These third party
beneficiaries are not parties to this contract and are not responsible for the
provision or support of the Services in any manner. Your access to the Services
using these devices is subject to terms set forth in the applicable third party
beneficiary's terms of service.
Ownership .
The Services and all rights therein are and shall remain MyPrider's
property or the property of MyPrider's licensors. Neither these Terms nor your
use of the Services convey or grant to you any rights: (i) in or related to the
Services except for the limited license granted above; or (ii) to use or reference
in any manner MyPrider's company names, logos, product and service names,
trademarks or services marks or those of MyPrider's licensors.
3. YOUR USE
OF THE SERVICES
User Accounts
In order to use most aspects of the Services, you must
register for and maintain an active personal user Services
("Account"). You must be at least 18 years of age of legal majority
in your jurisdiction (if different than 18) to obtain an Account, unless a
specific Service permits otherwise. Account registration requires you to submit
to MyPrider certain personal information, such as your name, address, mobile
phone number and age, as well as at least one valid payment method (either a
credit card or accepted payment partner). You agree to maintain accurate,
complete, and up-to-date information in your Account. Your failure to maintain
accurate, complete, and up—to—date Account information, including having an
invalid or expired payment method on file, may result in your inability to
access or use the Services. You are responsible for all activity that occurs
under your Account, and you agree to maintain the security and secrecy of your
Account username and password at all times. Unless otherwise permitted by MyPrider
in writing, you may only possess one Account.
User Requirements and
Conduct
The Service is not available for use by persons under the
age of18. You may not authorize third parties to use your Account, and you may
not allow persons under the age of18 to receive services from Third Party
Providers unless they are accompanied by you. You may not assign or otherwise
transfer your Account to any other person or entity. You agree to comply with
all applicable laws when accessing or using the Services, and you may only
access or use the Services for lawful purposes. You will not, in your use of the
Services, cause nuisance, annoyance, inconvenience, or property damage, whether
to the Third Party Provider or any other party. In certain instances you may be
asked to provide proof of identity or other method of identity verification to
access or use the Services, and you agree that you may be denied access to or
use of the Services if you refuse to provide proof of identity or other method
of identity verification.
No Discrimination.
MyPrider prohibits discrimination against Third Party
Providers based on race, religion, caste, national origin, disability, sexual
orientation, sex, marital status, gender identity, age or any other
characteristic that may be protected under applicable law. Such discrimination
includes, but is not limited to, any refusal to accept services based on any of
these characteristics. If it is found that you have violated this prohibition
you will lose access to the MyPrider platform. Applicable laws in certain
jurisdictions may require and/or allow the provision of services by and for the
benefit of a specific category of persons. In such jurisdictions, services
provided in compliance with these laws and the relevant applicable terms are
permissible.
Text Messaging.
By creating an Account, you agree that the Services may send
you text (SMS) messages as part of the normal business operation of your use of
the Services. You may opt-out of receiving text (SMS) messages from MyPrider at
any time by informing MyPrider of your decision to stop receiving such text
(SMS) messages. You acknowledge that opting out of receiving text (SMS)
messages may impact your use of the Services.
Promotional Codes.
MyPrider may, in MyPrider’s sole discretion, create
promotional codes that may be redeemed for Account credit, or other features or
benefits related to the Services and/or a Third Party Provider's services,
subject to any additional terms that MyPrider establishes on a per promotional
code basis ("Promo Codes”). You agree that Promo Codes: (i) must be used
for the intended audience and purpose, and in a lawful manner; (ii)may not be
duplicated, sold or transferred in any manner, or made available to the general
public (whether posted to a public form or otherwise), unless expressly
permitted by MyPrider; (m) may be disabled by MyPrider at any time for any
reason without liability to MyPrider; (iv) may only be used pursuant to the
specific terms that MyPrider establishes for such Promo Code; (v) are not valid
for cash; and (vi) may expire prior to your use. MyPrider reserves the right to
withhold or deduct credits or other features or benefits obtained through the
use of Promo Codes by you or any other user in the event that MyPrider
reasonably determines or believes that the use or redemption of the Promo Code
was in error, fraudulent, illegal, or in violation of the applicable Promo Code
terms or these Terms.
User Provided
Content.
MyPrider may, in MyPrider’s sole discretion, permit you from
time to time to submit, upload, publish or make available to myPrider Company
through the Services textual, audio, and/or visual content and information,
including commentary and feedback related to the Services, initiation of
support requests, and submission of entries for competitions and promotions
("User Content"). Any user content provided by you remains your property.
However, by providing User Content to MyPrider, you grant MyPrider a worldwide,
perpetual, irrevocable, transferable, royalty—free license, with the right to
sublicense, to use, copy, modify, create derivative works of, distribute,
publicly display, publicly perform, and otherwise exploit in any manner such
User Content in all formats and distribution channels now known or hereafter
devised (including in connection with the Services and MyPrider's business and
on third—party sites and services), without further notice to or consent from
you, and without the requirement of payment to you or any other person or
entity.
You represent and warrant that: (i) you either are the sole and
exclusive owner of all User Content or you have all rights, licenses, consents
and releases necessary to grant MyPrider the license to the User Content as set
forth above; and (ii) neither the User Content nor your submission, uploading, publishing
or otherwise making available of such User Content nor MyPrider’s use of the
User Content as permitted herein will infringe, misappropriate or violate a
third party's intellectual property or proprietary rights, or rights of
publicity or privacy, or result in the violation of any applicable law or
regulation; and (m) you are not providing feedback for services performed by
you in your capacity as a service provider on the platform.
You agree to not provide User Content that is defamatory,
grossly harmful, blasphemous, paedophilic, invasive of another’s privacy,
ethnically objectionable, disparaging, relating or encouraging money laundering
of gambling, libelous, hateful, racist, violent, obscene, pornographic,
unlawful, or otherwise offensive, as determined by MyPrider in its sole
discretion, whether or not such material may be protected by law. MyPrider may,
but shall not be obligated to, review, monitor, or remove User Content, at MyPrider's
sole discretion and at any time and for any reason, without notice to you.
Network Access and
Devices.
You are responsible for obtaining the data network access
necessary to use the Services. Your mobile network's data and messaging rates
and fees may apply ifyou access or use the Services from a wireless-enabled
device and you shall be responsible for such rates and fees. You are
responsible for acquiring and updating compatible hardware or devices necessary
to access and use the Services and myPrider Platform and any updates thereto. MyPrider
does not guarantee that the Services, or any portion thereof, will function on
any particular hardware or devices. In addition, the Services may be subject to
malfunctions and delays inherent in the use ofthe Internet and electronic
communications.
4. PAYMENT
You understand that use of the Services may result in
charges to you for the services you receive from a Third Party Provider ("
Charges"). After you have received services obtained through your use of the
Service, MyPrider will facilitate your payment of the applicable Charges on behalf
of the Third Party Provider as such Third Party Provider's limited payment
collection agent. Payment of the Charges in such manner shall be considered the
same as payment made directly by you to the Third Party Provider.
MyPrider shall charge you a convenience fee (“Fee”) for the
Services provided by MyPrider to you. The Fee may be charged from you at the time
of booking of services on the platform or upon the completion of service.
Such Charges and Fee will be inclusive of applicable taxes
where required by law. Charges and Fee paid by you are final and
non—refundable, unless otherwise determined by MyPrider or required by the
relevant Consumer Law legislation. Under the relevant Consumer Law legislation,
you may be entitled to a refund for a major failure of the Services, or other
remedies for a minor failure. You retain the right to request lower Charges or
Fee from a Third Party Provider for services received by you from such Third
Party Provider at the time you receive such services. MyPrider will respond
accordingly to any request from a Third Party Provider to modify the Charges
for a particular service.
All Charges and Fee are due immediately and payment will be
facilitated by MyPrider using the preferred payment method designated in your Account,
after which MyPrider will send you a receipt by email. lf your primary Account
payment method is determined to be expired, invalid or otherwise not able to be
charged, you agree that myPrider may, as the Third party Provider's limited
payment collection agent, use a secondary payment method in your Account, if
available.
As between you and myPrider, myPrider reserves the right to
establish, remove and/or revise Charges for any or all services obtainable through
the use of the Services at any time in MyPrider's sole discretion. Further, you
acknowledge and agree that Charges and Fees applicable in certain geographical
areas may increase substantially during times of high demand. MyPrider will use
reasonable efforts to inform you of Charges and Fees that may apply, provided
that you will be responsible for Charges and Fees incurred under your Account
regardless of your awareness of such Charges, Fees or the amounts thereof. MyPrider
may from time to time provide certain users with promotional offers and discounts
that may result in different amounts charged for the same or similar services
obtained through the use of the Services, and you agree that such promotional
offers and discounts, unless also made available to you, shall have no bearing
on your use of the Services or the Charges applied to you. You may elect to
cancel your request for services from a Third Party Provider at any time prior
to such Third Party Provider’s arrival, in which case you may be charged a
cancellation fee. Additionally, the applicable taxes (whether direct or
indirect) that are liable to be charged/ deducted on cancellation fee will
charged to you by MyPrider.
Further, MyPrider may from time to time offer subscription
packages to you, wherein, in exchange for monetary consideration, additional
benefits such as discounted services from Third Party Providers will be made
available to you. The said benefits will only be available for a limited period
as may be agreed with you in advance.
This payment structure is intended to fully compensate the
Third Party Provider for the services provided. MyPrider does not designate any
portion of your payment as a tip or gratuity to the Third Party Provider. Any
representation by MyPrider (on MyPrider’s website, in the Application, or in MyPrider’s
marketing materials) to the effect that tipping is "voluntary," “not
required," and/or “included” in the payments you make for services provided
is not intended to suggest that MyPrider provides any additional amounts,
beyond those described above, to the Third Party Provider. You understand and
agree that, while you are free to provide additional payment as a gratuity to
any Third Party Provider who provides you with services obtained through the
Service, you are under no obligation to do so. Gratuities are voluntary. After
you have received services through the Service, you will have the opportunity
to rate your experience and leave additional feedback about your Third Party
Provider.
It is clarified that the Charges and Fees (respectively)
shall be made only for the services provided by the Third Party Provider to you
and for the Services provided by MyPrider to you.
5.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
LIMITATION SUBJECT TO
LOCAL CONSUMER LAW
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT
PURPORTTO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
DISCLAIMER.
EXCEPT AS REQUIRED OF MYPRIDER UNDER THE CONSUMER
GUARANTEES, THE SERVICES ARE PROVIDED "AS IS” AND “AS AVAILABLE." MYPRIDER
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON—INFRINGEMENT, AND
MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY
SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THATTHE SERVICES WILL BE
UNINTERRUPTED OR ERROR—FREE. MYPRIDER DOES NOT GUARANTEE THE QUALITY,
SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE
ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD
REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW
LEGISLATION.
LIMITATION OF
LIABILITY.
IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER, MYPRIDERS'S
LIABILITY FOR A FAILURE TO COMPLY WITH CONSUMER GUARANTEE IS LIMITED TO: IN THE
CASE OF SERVICES SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT,
THE SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF
RESUPPLYING THE SERVICES.
MYPRIDER'S LIABILITY TO YOU FOR A BREACH OF ANY CONDITION,
WARRANTY OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A CONSUMER GUARANTEE
IS LIMITED IN THE FOLLOWING WAY: MYPRIDER SHALL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY,PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING
LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN
CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OFTHE SERVICES, EVEN IF MYPRIDER
HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES. MYPRIDER SHALL NOT BE
LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR
RELIANCE ON THE SERVICES OR YOUR INABILITYTO ACCESS OR USE THE SERVICES; OR
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANYTHIRD PARTY PROVIDER,
EVEN IF MYPRIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYPRIDER
SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES
BEYOND MYPRIDER'S REASONABLE CONTROL. IN NO EVENT SHALL MYPRIDER’S TOTAL
LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION EXCEED RUPEES TEN THOUSAND (INR 10,000).
MYPRIDER'S SERVICES MAY BE USED BY YOU TO REQUEST AND
SCHEDULE HOME-BASED SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MYPRIDER
HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME-BASED SERVICES
PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN
THESE TERMS.
MYPRIDER WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK,
AND WILL MANAGE THIS FRAMEWORK ON BEHALF OF THIRD PARTY PROVIDERS, IN A
REASONABLE WAY AND IN ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS OFTHE
RELEVANT CONSUMER LAW LEGISLATION.
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, MYPRIDER
WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAYS OR FAILURES IN
PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF MYPRIDER. SUCH
ACTS SHALL INCLUDE BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR,
EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER
NATURAL DISASTERS. ETC.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT
PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW, INCLUDING ANY OFTHE NON-EXCLUDABLE REQUIREMENTS OFTHE
RELEVANT CONSUMER LAW LEGISLATION.
Indemnity.
You agree to indemnify and hold MyPrider and its affiliates
and their officers, directors, employees and agents harmless from any and all
claims, demands, losses, liabilities, and expenses (including attorneys’ fees)
arising out of or in connection with: (i) your use of the Services or services
or goods obtained through your use of the services; (ii) your breach or
violation of any of these Terms; (m) MyPrider’s use of your User Content; or
(iv) your violation of the rights of any third party, including Third Party
Providers (’Losses ”).
Your liability under this clause shall be reduced
proportionately if, and to the extent that, MyPrider directly caused or
contributed to any such Losses
6. GOVERNING LAW;
ARBITRATION.
There are a number of mechanisms available to you to resolve
any dispute, conflict, claim or controversy arising out of or broadly in
connection with or relating to the Services or these Terms, including those
relating to its validity, its construction or its enforceability or with the
services provided by a Third Party Provider (any "Dispute”). MyPrider or
its affiliates operate a complaints process to allow you to make complaints
about MyPrider or Third Party Providers, and MyPrider or its affiliates also
manage refunds to you in relation to those complaints. MyPrider or its
affiliates will operate this complaints process in a reasonable manner. You
agree and acknowledge that you must raise any Dispute with the Services or the
services provided by a Third Party Provider as soon as is practicable, but no
later than 48 hours from the time the
Dispute arises. If you fail to raise a Dispute within 48 hours from the initial
occurrence of such Dispute, MyPrider shall be under no obligation to resolve
such Dispute. lf a Dispute is reported more than 48 hours after the initial
occurrence of the Dispute MyPrider shall in its sole discretion choose whether
or not to attempt resolution of the Dispute.
In addition, you may have rights to make a complaint to fair
trading or consumer law bodies in relation to applicable consumer laws,
including the non-excludable portions of the relevant Consumer Law legislation.
Except as otherwise set forth in these Terms, these Terms shall
be exclusively governed by and construed in accordance with the laws of India,
excluding its rules on conflicts of laws. The Vienna Convention on the
International Sale of Goods of198O (CISG) shall not apply. In the event of a
Dispute, either party may file an action in the courts of India or pursue final
and binding arbitration or other alternative dispute resolution as agreed upon
by the parties. If either party elects to pursue final and binding arbitration,
the venue of the arbitration shall be New Delhi, India.
Any proceedings, including documents and briefs submitted by
the parties, correspondence from a mediator, and correspondence, order and
awards
issued by an arbitrator, shall remain strictly confidential
and shall not be disclosed to any third party without the express written
consent from the other party unless: (i) the disclosure to the third party is
reasonably required in the context of conducting the mediation or arbitration
proceedings; and (ii) the third party agrees unconditionally in writing to be
bound by the confidentiality obligation set out in these Terms.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to
grievanceofficer@myprider.com.
Grievance Officer.
For the purposes of Consumer Protection Act, 2019 and rules
and regulations there under, the grievance officer of MyPrider shall be:
Ms. Anjali M V
MyPrider India Private Limited
TC 14/1502, Arapuralane, Kannammoola, Trivandrum -695011,
Kerala.
E—mail: grievanceofficer@myprider.com
Phone: +91 471 255 7583
Timings: 10 AM - 5 PM, Monday-Friday, excluding public
holidays.
Notice.
MyPrider may give notice by means of a general notice on the
Services, electronic mail to your email address in your Account, or by written communication
sent to your address as set forth in your Account. You may give notice to MyPrider
by written communication to MyPrider's address at TC 14/1502, Arapuralane,
Kannammoola, Trivandrum -695011, Kerala.
General.
You may not assign or transfer these Terms in whole or in
part without MyPrider's prior written approval. You give your approval to MyPrider
for it to assign or transfer these Terms in whole or in part, including to: (i)
a subsidiary or affiliate; (ii) an acquirer of MyPrider’s equity, business or assets;
or (m) a successor by merger. No joint venture, partnership, employment or agency
relationship exists between you, MyPrider or any Third Party Provider as a
result of the contract between you and MyPrider or use of the Services.
If any provision of these Terms is held to be illegal,
invalid or unenforceable, in whole or in part, under any law, such provision or
part thereof shall to that extent be deemed not to form part of these Terms but
the legality, validity and enforceability of the other provisions in these
Terms shall not be affected. In that event, the parties shall replace the
illegal, invalid or unenforceable provision or part thereof with a provision or
part thereof that is legal, valid and enforceable and that has, to the greatest
extent possible, a similar effect as the illegal, invalid or unenforceable
provision or part thereof, given the contents and purpose of these Terms. These
Terms, including any incorporated policies, constitute the entire agreement and
understanding of the parties with respect to its subject matter and replaces
and supersedes all prior or contemporaneous agreements or undertakings
regarding such matter. Nothing in this clause limits your rights as a consumer
that cannot be excluded under applicable law, including the relevant Consumer
Law legislation. In these Terms, the words "including" and
"include" mean "including, but not limited to."