Terms and Conditions

  1. DEFINITIONS

    1. “Applicable law(s)” shall mean any law, regulation, ordinance, statute, rule, judgement, decree, order, resolutions, and policy etc. past or decreed by the Government of India or any sub-division thereof or other concerned statutory authority;

    2. “App”shall refer to our mobile application by the name ‘Traffic Sahayak’;

    3. “Company” shall refer to our Company ‘Collective Limitless Ambitious Smart Solutions (OPC) Private Limited’, registered under the Companies Act, 2013, having it’s Registered Office at Nagpur, Maharashtra, India, having CIN: U72900MH2017OPC296733. Company can be addressed as We, Us Ours, in this Terms and Conditions;

    4. “Details”shall refer to following:

      1. Name, email ID, phone number of the User;

      2. User ID of the User;

    5. “Entry”shall mean and consist uploading of entire video, audio, geo-location along with written details thereof in the format provided on the App, of the Offence, by the User, on the App;

    6. “Government Authorities” shall refer to and mean any authority duly authorised and having jurisdiction over the Offence;

    7. “Material Defect” shall mean absence of any one or more of the following in the Recording or the Entry as applicable:

      1. Registration number plate of the vehicle committing the Offence; or

      2. Clearly visible commitment of the Offence by the Offender; or

      3. Geo-location of the place where Offence was committed; or

      4. Correct details of the vehicle registration number in the Entry; or

      5. Correct details of the Offence committed by the Offender;

    8. “Offence” means breach of any law rule, regulation, notification, circular, instruction issued in reference to traffic regulations & control and such breach is committed under the allotted jurisdiction of various Traffic Police Branches of Police Departments of Various States ;

    9. “Offender” shall mean the Person who has committed an Offence;

    10. “Person” means and includes an individual, proprietorship, partnership, corporation, company, unincorporated organization or association, trust or other entity, whether incorporated or not;

    11. “Recording” shall mean the recorded audio-video clip uploaded by the User on our App for the purpose of reporting of the Offence;

    12. “Spam” shall mean irrelevant or unsolicited Entry or Recording, for the purposes of advertising, phishing, spreading malware, Recordings without evidence of Offence, etc.;

    13. “Terms and Conditions” shall refer to this document;

    14. “Third Party” shall mean and include any Person apart from the User agreeing to this Terms and Conditions;

    15. “User/Sahayak/You” shall mean any individual availing the services of our App by signing up with us. User shall be addressed as you, yours in Terms and Conditions;

  2. INTERPRETATIONS

    1. Any reference in this Terms and Conditions to any statute or statutory provision shall be construed as including a reference to that statute or statutory provision as from time to time amended, modified, extended or re-enacted from the date hereof and to delegated legislation made under the provision from time to time;

    2. The meanings set forth for defined terms in this Article and all pronouns shall be equally applicable to both the singular and plural, masculine, feminine or neuter forms as the context may require;

    3. All references to Clauses are to clauses of this Terms and Conditions;

    4. All references in this Terms and Conditions to Annexures are to annexures in or to this Terms and Conditions unless otherwise specified therein. The Annexures are an integral part of this Terms and Conditions. The words “hereof,” “herein” and “hereunder” and words of similar import when used in this Terms and Conditions shall refer to the entire Terms and Conditions or specified Clauses of this Terms and Conditions, as the case may be. The words “include”, “including” and “among other things” shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import;

    5. All references in this Terms and Conditions to any document or Terms and Conditions shall be deemed to include references to such document or Terms and Conditions as amended, varied, restated, supplemented or replaced from time to time in accordance with the terms thereof and to include any side letters executed in connection therewith, except as otherwise provided in this Terms and Conditions;

    6. The headings/captions of the several Clauses of this Terms and Conditions are intended for convenience only and shall not in any way affect the meaning or construction of any provision therein;

  3. ACCEPTANCE

    1. By clicking on ‘checkbox’ besides ‘I Agree’, you conditionally agree with our Terms and Conditions for use of our App. You agree that we have a right to amend, modify and change the Terms and Conditions at any time. The amended, modified, changed Terms and Conditions shall be effective from the date of their publication on our App, with or without any specific notification regarding modification, amendment or change on our App. You agree that your continued usage of our App will be considered as acceptance of modified, amended, changed Terms and Conditions.

    2. You agree and acknowledge that the functioning of the App might be changed, modified, amended or discarded, without any specific notification to you in this behalf, in accordance to Applicable laws and directions of Government Authorities. You agree that no acceptance is required from you for any change, modification, amendment or discarding done under the provisions of this clause.

    3. User is not permitted to possess more than one Account or to transfer his Account to other User or to a Third Party. The User further understands that he alone is responsible for the username and password on the Company’s App. The Company possess the right to limit the User’s use of the Company’s App, including number of Entries which a User can post and the time period for which they will remain visible.

    4. The User hereby acknowledges that the Company reserves the right to send them administrative and promotional emails.

  4. You hereby acknowledge and agree to with following for using our App:

    1. You agree that by registering on our App, you unconditionally provide us access to your mobile device’s camera, audio recording, video recording, phone directory, SMS directory, geo-location and further permit us to use your mobile device’s camera, audio recorder, video recorder, make phone calls, send SMS and access internet services, use your geo-location while the App is functional on your mobile device. You further agree that you have no objection in sharing of recorded audio, video, details contained in the said audio video by us with general public on social media or otherwise, with Government Authorities, with State Police Department and such other Government Authority which has jurisdiction on the matter of Offence.

    2. You agree to keep your geo-location services on during the entire duration of App usage by you and further agree to permit us to access your geo-location while you are using our App.

  5. You hereby agree to following conditions for recording and uploading videos:

    1. You agree to not record the Offence while you yourself are driving or riding any vehicle. However, if you are a pillion, you may do so.

    2. You agree that in case your Recording or Entry one or more any Material Defects, we have a right to discard the Recording and the Entry.

    3. You agree to input correct details in the Entry description page of our App. In absence of any discrepancy between the Recording and details being input, the Entry will be discarded by us. You agree that the Company is not under an obligation to provide you any reason for discarding of Entry.

  6. MULTIPLE ENTRIES FOR SAME OFFENCE

    1. In case of multiple Entries for same Offence, following shall be the order of preference for registration of the Entry:

      1. The Entry which has been uploaded and received by us first;

      2. If there is any Material Defect in the first Entry, then second preference will be given to the next Entry in line which has been received by us after the first Entry;

      3. The sequence will continue till an Entry complete without any Material Defect is determined by us.

  7. ANONYMITY

    1. We provide an option of anonymity to all our Sahayaks. If you do not want us to publish your Details on our App, public forum or to the Government Authorities, you are requested to check the ‘Checkbox’ against the ‘Don’t Publish my Details’, in absence of which we shall be at liberty to publish your Details.

  8. PENALTY

    1. If the User uploads Recording/s and/or Entry/Entries where no Offence can be viewed/heard or which is Spam by nature or contains false, distorted, manipulated, defamatory, libellous, vulgar, fraudulent or misleading content, the User shall not permitted to use our App for a period of 7 (seven) days from the date of detection of such Entry by us;

    2. On the next occasion where User uploads Recording/s and/or Entry/Entries where no Offence can be viewed/heard or which is Spam by nature or contains false, distorted, manipulated, defamatory, libellous, vulgar, fraudulent or misleading content, the User shall not permitted to use our App for a period of 15 (fifteen) days from the date of detection of such Entry by us;

    3. On the third occasion where User uploads Recording/s and/or Entry/Entries where no Offence can be viewed/heard or which is Spam by nature or contains false, distorted, manipulated, defamatory, libellous, vulgar, fraudulent or misleading content, the User shall not permitted to use our App for a period of 30 (days) days from the date of detection of such Entry by us;

    4. On the fourth detection, the User will be permanently banned from using our App;

  9. USER’S COVENANTS

    1. The User will not intercept or attempt to intercept any communications transmitted by way of a telecommunication system;

      1. for a purpose other than which we have designed them or intended them to be used;

      2. for any fraudulent purposes;

      3. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or Person;

    2. The User will not conduct itself in anyway, that in the Company’s exclusive discretion, results in breach of this Terms and Conditions itself or which restricts or inhibits any other User from using or enjoying the Company’s App.

    3. The User agrees that he will not use techniques such as morphing, deformation techniques, warping techniques in the content of Recording or Entry.

    4. The User undertakes to not do commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of the Company to become the Users of other online or offline services directly or indirectly competitive or potentially competitive with the Company.

    5. The User agrees that the Company is not obliged to store, maintain or provide a copy of the Recording or Entry, beyond agreed time period, except to the extent required by applicable law and as noted in our Privacy Policy.

    6. The User agrees to not undertake any conduct that restricts or inhibits any other User/Recruiter from using or enjoying the Company’s App.

The User hereby acknowledges that any breach of the covenants set forth here may be a cause temporarily or permanently suspension of their accounts and/or for termination of the Terms and Conditions by the Company, at its sole discretion and further may invite such necessary legal action from the Company as may be deemed appropriate by the Company. The User agrees to indemnify and hold the Company harmless in case breach of any of the above covenants leads to any harm or loss to the Company, to a User or any Third Party.

10. Reward Policy

Our App allows you to report multiple Offences in one single recording. Based on our guidelines, our team will approve the Recording and accordingly approve the number of Offences visible in the Recording. (“Approved Offences”) The number of approved Offences may differ from the number of Offences claimed by you at the time of submission of Recording. Our team’s approved Offences will be considered for Reward and not the number of Offences claimed by you at the time of submission. This is done so that only clearly visible Offences are vetted and approved.

Each User[B1]  is eligible for a Reward of 5 Credits for each Approved Offence. The Reward will be credited in User account on the Company’s App and will be visible on the Company’s App dashboard. The Reward can be utilised by Users by transferring it in their Mobikwik account. This account would be the Mobikwik account available on the same phone or linked with the same number as registered with us. Users who do not have a Mobikwik account are requested to first download the Mobikwik app before Reporting Offences to be able to utilize the amount of Reward. Users who report Offences and do not have Mobikwik account would deemed to have waived off their Reward.

The User may choose to transfer the entire amount or lesser amount from the Company’s App dashboard to their Mobikwik account. Once transferred, the amount cannot be retransferred to the Company’s dashboard.

Once the transfer is initiated from Company’s App dashboard, Mobikwik and Third Parties operate and handle the transfer. Company, therefore, has no control over the transfer post its initiation and Users are advised to directly contact Mobikwik for any queries or problems that may occur. Users are also advised to read Mobikwik’s Privacy Policy and Terms of Use before registering with Mobikwik. Any transfer initiated and conducted would be at User’s sole risk.

The Reward will be transferred as Loyalty Money into Mobikwik and for that the users need to get their KYC done on the Mobikwik app.

11. INTELLECTUAL PROPERTY

All Intellectual Property Rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements, whether registered or unregistered) on the App, (subject to the Title & Ownership Rights as mentioned below) information content on the App or accessed as part of the usage of App, any database operated by us and all the App design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of the Company (or that of our licensors). The User shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

None of the material listed in the clause above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without obtaining prior express written permission from the Company.

The Logos and variations thereof, owned by and belonging to the Company, found on the App are trademarks owned by the Company and all use of these marks inures to the benefit of the Company. All rights (including goodwill and, where relevant, trademarks) in the Company’s name are owned by the Company (or our licensors). Other product and company names mentioned on the App are the trademarks or registered trademarks of their respective owners. This Terms and Conditions does not provide any right to such trademarks, registered or otherwise to the User or to any Third Party.

The content of the Recordings and Entries, whether or not uploaded on the App by the Users, is the intellectual property of the respective User and non-exclusive worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content are provided by the User to the Company to exhibit on the App of the Company. This Terms and Conditions doesn’t transfer the rights of the Recordings and Entries to the Company, other Users, the Government Authorities or to any Third Party. The User agrees that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy. The feedbacks submitted by you, however do not remain your exclusive property. By submitting suggestions or other feedback to the Company, the User understands that, such feedback may be published by the Company, at its discretion, and that the User is not liable for any compensation for publication of such feedback.

12. MONITORING

The Company shall have the right, but not the obligation, to monitor the content of the App at all times, including the Recordings and Entries, to determine compliance with this Terms and Conditions and any operating rules established by the Company as well as to satisfy Applicable laws, regulation or authorized government request. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion and without providing any explanation for reasons or notice of removal, for removal thereof, finds to be in violation of the provisions hereof or otherwise objectionable.

13. TERMINATION

Without limiting the foregoing, the Company shall have the right to immediately terminate in its sole discretion:

  1. In case of breach of any clause of this Terms and Conditions;

  2. In case conduct of the User is not in terms with this Terms and Conditions;

  3. In case of breach of Applicable laws;

  4. On order of any government authority

14. FORCE MAJEURE

Without prejudice to any other provision herein, the Company shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the Company’s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of the Company’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm, or other acts of God.

15. MISCELLANEOUS

No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Terms and Conditions except as expressly stated in this document. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Terms and Conditions and that party’s only remedies shall be for breach of contract as provided in this Terms and Conditions.

No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall be of no legal force or effect.

If any provision of this Terms and Conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Terms and Conditions and the remaining portions of this Terms and Conditions shall continue in full force and effect. The failure of either party to exercise any of its rights under this Terms and Conditions shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

All provisions of this Terms and Conditions apply equally to and are for the benefit of the Company, its subsidiaries, any holding companies of the Company, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Terms and Conditions may be varied or rescinded without the consent of those parties).

16. DISPUTE RESOLUTION

Any and all claims, disputes, questions or controversies involving the User on one hand and the Company on the other hand (together, the “Disputing Sides” and each individually a “Disputing Side”) arising out of, relating to or in connection with this Terms and Conditions, or the execution, interpretation, validity, performance or breach hereof (collectively, “Disputes”) which cannot be finally resolved by such Disputing Sides within Sixty (60) calendar days of the arising of a Dispute by amicable negotiation and conciliation shall be resolved by final and binding arbitration to be administered by a sole arbitrator appointed mutually by the Disputing Sides in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in Pune only and the arbitration proceedings shall be conducted in English. The arbitrator may award punitive, exemplary, multiple or consequential damages. In connection with the arbitration proceedings, the Disputing Sides hereby agree to cooperate in good faith with each other and the arbitrator and to use their respective best efforts to respond promptly to any reasonable discovery demand made by such Party and the arbitrator. All expenses relating to the arbitration, shall be paid by the respective Parties.

The arbitral award (the “Award”) shall be rendered no later than Six (6) months from the commencement of the arbitration unless otherwise extended by the arbitrator for no more than an additional Six (6) months for reasons that are just and equitable.

Each of the Parties expressly understands and agrees that the Award shall be the final and binding remedy between them regarding any and all Disputes presented to the arbitrator and shall be enforceable in any court of competent jurisdiction and an application may be made to such court for a judicial acceptance of the Award and to issue an order of enforcement.

17. GOVERNING LAW

This Terms and Conditions and all matters arising from this Terms and Conditions shall be governed by and construed in accordance with laws of India. Subject to the provisions of the Clause 15 of this Terms and Conditions and for such matters which the Court may have jurisdiction under and in respect of any arbitration proceedings, and subject further to Applicable Laws in this regard, this Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts in Pune.

18. GRIEVANCES OFFICER

In case if the User has any grievances regarding our App, he may contact our Grievances Officer on email support@trafficsahayak.com

19. PRIVACY POLICY

For provisions related to Privacy Policy followed by us, the User is requested to refer to the document ‘Privacy Policy’ on our App.

CONTACT US:

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