Terms and Conditions   

Last Updated: 5th Nov 2024

These Terms and Conditions of Service constitute a legally binding agreement (the “Agreement”) between You and SaakSan Technologies Private Limited (collectively, “SaakSan” “viaDOTS,” “we,” “us” or “our”) governing your use of viaDOTS application (the “viaDOTS App”), website, and technology platform (collectively, the “viaDOTS Platform”).

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern the access or use by You, an individual, of the viaDOTS Platform, applications, websites, content, products, and services (the “Services”) made available by SaakSan Technologies Private Limited a private limited, a company established and incorporated in India under Companies Act, 2013, having its registered office at Vaishnavi Commune, Villa No: A-10 1st Cross Rd, Thomas Layout, HADO Siddapura, Carmelaram, Doddakannelli, Bengaluru, Karnataka 560035 with Corporate Identification Number U72900KA2019PTC124424.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

These Terms apply to Your visit to and use, of the Services whether through a computer or a mobile phone, the Service and the viaDOTS Platform, as well as to all information, recommendations and or services provided to You on or through the viaDOTS Platform, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the 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. By clicking on the “I ACCEPT” button, You are consenting to be bound by these Terms. If You do not accept any of the Terms, then please do not use the viaDOTS’ Platform or avail any of the services being provided therein. YOUR AGREEMENT TO THESE TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND SaakSan IN RESPECT OF THE USE AND SERVICES OF THE PLATFORM.

Supplemental terms may apply to the 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.

Our collection and use of personal information in connection with the Services is as provided in viaDOTS Platform Privacy Policy located at https://www.viadots.com/privacy-policy. viaDOTS 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 Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

1. THE viaDOTS PLATFORM

The viaDOTS Platform provides a marketplace for Riders and Drivers to avail the services, where persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. Riders will request a ride from viaDOTS Mobility As A Service App and drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Rideshare Services.” As a User, You authorize to match You with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch You with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.

1. THE SERVICES

The Services constitute a technology platform that enables users of viaDOTS mobile applications or websites provided as part of the Services (each, an “viaDOTS Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with viaDOTS or certain of viaDOTS affiliates (“Third Party Providers”). Unless otherwise agreed by viaDOTS in a separate written agreement with You, the Services are made available solely for your personal, noncommercial use.

YOU ACKNOWLEDGE THAT viaDOTS DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY viaDOTS OR ANY OF ITS AFFILIATES.

3.1.  LICENSE.

 Subject to your compliance with these Terms, SaakSan grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications 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, noncommercial use. Any rights not expressly granted herein are reserved by viaDOTS and viaDOTS licensors.

3.2.  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 viaDOTS; (iii) 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.

3.3.  PROVISION OF THE SERVICES.

You acknowledge that portions of the Services may be made available under viaDOTS various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “viaDOTS”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of SaakSan subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

3.4.  THIRD PARTY SERVICES AND CONTENT.

The Services may be made available or accessed in connection with third party services and content (including advertising) that viaDOTS do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. SaakSan do not endorse such third party services and content and in no event shall SaakSan be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., 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.

3.5.  OWNERSHIP.

The Services and all rights therein are and shall remain viaDOTS property or the property of viaDOTS 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 viaDOTS company names, logos, product and service names, trademarks or services marks or those of viaDOTS licensors.

1. YOUR USE OF THE SERVICES

4.1. USER ACCOUNTS.

In order to use most aspects of the Services, You must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires You to submit to viaDOTS 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 and use the Services or viaDOTS termination of these Terms with You. 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 viaDOTS in writing, You may only possess one Account.

Driver understands and acknowledge that Driver can register on the viaDOTS Platform who is having taxi (Yellow Number Plate) only after paying monthly subscription fees, the fees shall prescribe by SaakSan. The subscription fees shall vary from time to time at the sole discretion of

To complete the registration, Driver shall upload KYC information on the viaDOTS Platform. The KYC information will be verified and approved by You shall ensure that the KYC information provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

The Drivers shall register the Riders for providing the applicable services through the referral system.

The Subscription fee shall be collected monthly, and the service will discontinue if the subscription fee is not paid by the Driver.

We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

The “Riders” register onto the platform to avail the service of Mobility As A Service and subscription or platform usage fee will be charged by SaakSan.

The riders can invite other riders through the referral program.

4.2.  USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and You may not allow persons under the age of 18 to receive transportation or logistics 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 using the Services, and You may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). 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 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.

4.3.  TEXT & WHATSAPP MESSAGING.

By creating an Account, You agree that the Services may send You informational text (SMS) & WhatsApp messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) & WhatsApp messages from viaDOTS at any time by sending an email to support@dotstaxi.com indicating that You no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) & WhatsApp messages may impact your use of the Services.

4.4.  PROMOTIONS.

SaakSan may, in SaakSan’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 SaakSan 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 SaakSan; (iii) may be disabled by viaDOTS at any time for any reason without liability to SaakSan; (iv) may only be used pursuant to the specific terms that viaDOTS establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. SaakSan 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 SaakSan 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.

4.5.  100% SCHEDULED RIDE GUARANTEED.

SaakSan may offer a reward of 200 viaCASH for ride failures under the 100% Scheduled Ride Guaranteed campaign, subject to the following terms. You agree that: (i) The rider must schedule the ride a minimum of 2 hours before the pickup time to be eligible for the reward. (ii) The reward of 200 viaCASH is only applicable if viaDOTS fails to assign a driver for the ride or if the driver cancels after ride confirmation. (iii) The reward is applicable only for scheduled Airport, Rental rides. City rides are excluded from this offer. (iv) 200 viaCASH is fully redeemable on the next ride, with no expiry date. (v) Exclusions: Any ride failures caused by user error, such as providing incorrect addresses, or last-minute changes made by the user, will disqualify the user from receiving the reward. Only failures due to viaDOTS not assigning a driver or driver cancellations after confirmation are eligible for the reward. (vi) Verification: All rides claiming eligibility for the reward will be subject to review and verification by the viaDOTS team before the reward is granted. (vii)Limitations: viaDOTS reserves the right to withhold or revoke the reward in cases of suspected fraudulent activity, misuse of the platform, or any failure to meet the eligibility criteria as outlined in these terms. (viii) viaDOTS reserves the right to modify, suspend, or terminate the 100% Scheduled Ride Guaranteed campaign at any time without prior notice, except for users who have already met the eligibility criteria at the time of modification. (ix) Force Majeur: viaDOTS will not be liable to provide the reward for ride failures caused by events beyond its reasonable control, such as natural disasters, governmental actions, or network outages.

4.6.  USER PROVIDED CONTENT.

SaakSan may, in SaakSan sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to SaakSan 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 SaakSan, You grant SaakSan a worldwide, perpetual, irrevocable, transferrable, 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 viaDOTS 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 viaDOTS 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 SaakSan 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. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by viaDOTS in its sole discretion, whether or not such material may be protected by law. SaakSan may, but shall not be obligated to, review, monitor, or remove User Content, at SaakSan sole discretion and at any time and for any reason, without notice to You.

4.7. NETWORK ACCESS AND DEVICES.

You are responsible for obtaining necessary data network access to use the Services. Your mobile network’s data and messaging rates and fees may apply if You 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 Applications and any updates thereto. viaDOTS 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 of the Internet and electronic communications.

4.8.  USER COMPLIANCE.

Users represents, warrants and agrees that all Content, and use of the viaDOTS Platform and related services, shall at all times comply with all Applicable Laws and Rules.  Specific compliance provisions set forth elsewhere in the Agreement shall not limit the generality of the foregoing sentence. Users agrees that it shall be liable to viaDOTS for any breach of the terms of the Agreement by any of Users as if Users had breached the Agreement itself.

1. PAYMENT

You understand that use of the Services may result in charges to You for the services or goods You receive from a Third Party Provider (“Charges”). After You have received services or goods obtained through your use of the Service, viaDOTS App 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. Charges will be inclusive of applicable taxes where required by law. viaDOTS reserves the right to charge You an additional amount for pickup facility provided at various places along with applicable taxes (including but not limited to GST). Charges paid by You are final and non-refundable, unless otherwise determined by viaDOTS. You retain the right to request lower Charges from a Third Party Provider for services or goods received by You from such Third Party Provider at the time You receive such services or goods. viaDOTS will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or goods. All Charges are due immediately and payment will be facilitated by viaDOTS using the preferred payment method designated in your Account, after which viaDOTS will send You a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, You agree that viaDOTS 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 viaDOTS, viaDOTS reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in viaDOTS sole discretion. Further, You acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. viaDOTS will use reasonable efforts to inform You of Charges that may apply, provided that You will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. viaDOTS may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and You agree that such promotional offers, subscriptions 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 or goods 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. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, viaDOTS does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by viaDOTS (on viaDOTS website, in the Application, or in viaDOTS marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments You make for services or goods provided is not intended to suggest that viaDOTS 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 or goods obtained through the Service, You are under no obligation to do so. Gratuities are voluntary. After You have received services or goods obtained through the Service, You will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

The Charges shall configure by SaakSan will be as per the applicable Laws and Guidelines of the respective State(s). For the independent Drivers, Charges shall define by  SaakSan. If the Drivers registered under the MASTER Driver, the charges shall be defined by MASTER Driver under the viaDOTS Platform.

Rider will book a taxi by using viaDOTS app, the Rider will get approximate charges before confirming the ride. The final charges will be calculated based on the actual distance of the ride. After completion of the rider, the rider will get the exact charges and taxes are extra as applicable. If the rider changes the destination, the new rates will apply as applicable.

The charges will collect by SaakSan on behalf of the Driver. Payment shall made by SaakSan to the Driver on third working day of each ride. Driver will get a daily settlement report in the app. Driver can follow the support management process in case of any troubles.

After end of each successful ride and confirmation of payment by the rider to the driver, an invoice will be generated for the rider that will be made available to the rider within the App.

After successful payment an alert of Payment received will be sent to the driver basis which he can complete the ride and he can view his daily trips, money collected, received all data inside the app.

REPAIR OR CLEANING FEES.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). SaakSan shall not responsible for repair or cleaning.

1. SUSPENSION, TERM AND TERMINATION

Suspension. SaakSan may, without terminating the Agreement and without any liability to Users or any third party, with reasonable notice suspend Users’ access to, and use of, the Platform and/or performing any of the related services including due to any of the following reasons:  (a) SaakSan’s reasonable belief that it is obligated to comply with an order, instruction or request of any court, administrative tribunal, governmental or regulatory body; (b) Provider request; (c) SaakSan’s belief that the Content and/or the use of the Platform or any part thereof is violating any Applicable Law, the Rules or the terms of the Agreement; (d) unauthorized or fraudulent use of the Platform; (e) Users’ breach or suspected breach of the Agreement; or (f) Users’ maintenance or repair of the Vendor Platform.

The agreement between SaakSan and You is perpetual in nature upon downloading the viaDOTS app.

Termination: SaakSan is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Service) if You: (i) violate or breach any term of these terms (ii) misuse the service or the application (iii) misbehave or violation of applicable law.

Termination of this agreement will not prejudice accrued rights of SaakSan.

You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the App. You can close Your Account at any time by following the instructions on the Platform.

1. CANCELLATION POLICY

You agree and acknowledge that You may cancel your request for services or goods from a Third Party Provider at any point of time subject to a Cancellation Fee, the Cancellation Fee shall be charged as mentioned on the viaDOTS App.

SaakSan shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the above for such cancellations, however, separate invoices raised for the Cancellation Fee. You may raise a request for a copy of the invoices.

The Cancellation Fee shall be payable by the rider before booking the next ride on the app through online or offline means

1. INTELLECTUAL PROPERTY

All intellectual property rights in the viaDOTS Platform shall be owned by SaakSan absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Platform are the property of SaakSan. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by You to us are non-confidential and shall become the sole property of SaakSan. SaakSan shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

1. CONFIDENTIALITY

You shall maintain in confidence all information and data relating to SaakSan, its services, platform, business affairs, marketing and promotion plans or other operations and its affiliates companies which are disclosed to You by or on behalf of SaakSan (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by You from SaakSan, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that You only use such confidential information in order to use the Service, and shall not without SaakSan’s prior written consent, disclose such information to any third party nor use it for any other purpose.

1. DISCLAIMERS; INDEMNITY; LIMITATION OF LIABILITY;

10.1. DISCLAIMER.

You agree that SaakSan is merely an electronic platform to facilitate aggregation of Taxies and does not in any manner provide transportation services. SaakSan does not endorse, advertise, advise or recommend You to avail the Services of any Driver. SaakSan also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the App.

We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.

SaakSan and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Platform or the site, or Your reliance upon the Service or the information contained upon the Site or the Platform (whether arising from SaakSan or any other person’s negligence or otherwise).

This Site, the Platform, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application and/or the Platform, that Your access of the Site and/or Application and/or the Platform and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application and/or the Platform, and that SaakSan shall not be liable for any damages of any kind related to Your access and use of the Site and/or Application and/or the Platform

All images, audio, video and text in the Site and/or Application and/or the Platform are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

10.2. INDEMNITY.

You agree to indemnify and hold SaakSan and its 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; (iii) SaakSan use of your User Content; (iv) your violation of the rights of any third party, including Third Party Providers (v) breach of SaakSan’ intellectual Properties or (v) additional  representations of warranties by You or (vi) any third party claim, demand, lawsuit or action initiated by third parties based on or relating to an allegation that all or any part of the Content or Users’s use of the viaDOTS Platform or related services

10.3. LIMITATION OF LIABILITY.

SaakSan 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 OF THE SERVICES, EVEN IF viaDOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SaakSan SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SaakSan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SaakSan SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SaakSan REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SaakSan TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RS. 500/- (RUPEES FIVE HUNDRED ONLY). SaakSan SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SaakSan HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

1. CONFLICT

In the event of any contradiction or inconsistency between these Terms and any other agreement executed between You and SaakSan, the terms of the Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.

1. MODIFICATION OF THE SERVICE AND TERMS

SaakSan reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.

SaakSan shall not be required to notify You of any changes made to these Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when SaakSan last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. SaakSan may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the Terms, will constitute Your acceptance of those changes. Your use of the Site and the Platform and the Services is subject to the most current version of the Terms made available on the site or viaDOTS Platform at the time of such use.

1. GENERAL PROVISIONS

Claims of Copyright Infringement. Claims of copyright infringement should be sent to SaakSan designated agent within 10 (Ten) working days from the date of receipt of the claim. Please visit SaakSan web page at  for the designated address and additional information.

Notice.  SaakSan 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 SaakSan by written communication to SaakSan address as mentioned above.

Force Majeure. We shall not be liable for any failure to perform any obligations under this Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this Terms shall be suspended for so long as the Force Majeure Event continues. “Force Majeure event” means any circumstances or occurrences beyond the reasonable control of SaakSan, whether or not foreseeable at the time of an Agreement, as a result of which we cannot reasonably perform or execute its obligations, including, without limitation, acts of God, fire, acts of any government or authority, natural catastrophes including earthquake, lightning, hurricane, typhoon, flooding or volcanic activities or extreme weather conditions, industrial actions of any kind which are not restricted to the affected Party’s workforce, freight embargoes, war, terrorism, political situation, civil unrest, riots, sabotage, vandalism, industry-wide shortages, cyber-attacks and hacking.

Assignment: You may not assign or transfer rights and obligations in whole or in part without SaakSan’ prior written approval. SaakSan may assign or transfer the agreement in its discretion including to: (i) a subsidiary or affiliate; (ii) an acquirer of SaakSan equity, business or assets; or (iii) a successor by merger.

Relationship: No joint venture, partnership, employment or agency relationship exists between You, SaakSan or any Third Party Provider as a result of the contract between You and SaakSan or use of the Services.

Severability: 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.

Survival: 5 (Payment), 8 (Intellectual Property), 9 (Confidentiality), 10 (Disclaimers; Indemnity; Limitation of Liability.), 11 (Conflict), 13 (General Terms) and 14 (Applicable Law and Dispute Resolution shall survive after the expiry/termination of these Terms in accordance with their terms.

Entire Agreement: These Terms 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 subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

1. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the viaDOTS Platform, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of SaakSan as SaakSan may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by SaakSan and You. The place of the arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by SaakSan and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bangalore, India.

1. LEGAL TERMS FOR PROMOTIONS AND OFFERS

• Eligibility: Promotions and offers provided by SaakSan Technologies Private Limited (hereinafter referred to as “SaakSan”) are available to individuals who meet the eligibility criteria specified in each promotion or offer. These criteria may include, but are not limited to, geographical location, age, and usage of the viaDOTS Platform.
• Promotion Period: Each promotion or offer will have a specified period during which it is valid (“Promotion Period”). SaakSan reserves the right to modify, extend, or terminate the Promotion Period at its discretion without prior notice.
• Promotion Redemption: To redeem a promotion or offer, users must comply with the terms and conditions outlined for that specific promotion or offer. Failure to adhere to these terms may result in the promotion or offer being voided.
• Promotion Limitations: Promotions and offers are limited to one per user unless explicitly stated otherwise. SaakSan reserves the right to refuse, withhold, or invalidate any promotion or offer if it believes, in its sole discretion, that the user has engaged in fraudulent or abusive behavior.
• Promotion Exclusions: Certain promotions or offers may be subject to exclusions, including but not limited to, usage restrictions, geographical limitations, and eligibility requirements. SaakSan reserves the right to exclude users from participating in promotions or offers based on these criteria.
• Promotion Changes: SaakSan reserves the right to change, modify, or cancel any promotion or offer at any time without prior notice. Such changes may include, but are not limited to, altering promotion terms, redemption values, and eligibility criteria.
• Promotion Communication: SaakSan may communicate promotions and offers through various channels, including but not limited to, email, SMS, in-app notifications, and social media. It is the user’s responsibility to ensure they are subscribed to receive communications from SaakSan and to review promotion details.
• Promotion Disputes: Any disputes regarding promotions or offers shall be resolved at the sole discretion of SaakSan. Users agree to abide by the final decision of SaakSan in such disputes.
• Governing Law: These terms and conditions for promotions and offers are governed by the laws of India. Any disputes arising out of or in connection with promotions or offers shall be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India.
• Acceptance of Terms: By participating in any promotion or offer provided by SaakSan, users acknowledge that they have read, understood, and agree to comply with these terms and conditions in their entirety. Failure to adhere to these terms may result in the user’s disqualification from participating in current and future promotions or offers provided by SaakSan.