Relay

EFFECTIVE FROM April 1, 2018 IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT RIVIGO AT SUPPORT@VYOM.COM. FAILURE TO DO SO WITHIN 12 (TWELVE) HOURS FROM THE TIME OF RECEIPT OF THIS DOCUMENT AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘send OTP’ BUTTON SHALL BE CONSIDERED AS YOU HAVE READ AND UNDERSTOOD OF THIS DOCUMENT.

GENERAL TERMS

Disclaimer:

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, general terms and terms of use for the access of usage of the Platform (as defined below).

This Platform (as defined below) is owned/ provided by Rivigo Services Private Limited. Rivigo Services Private Limited, a Company incorporated under the Companies Act, 2013 with its registered office at Plot No. 90, Sector-44, Gurugram, Haryana, India (hereinafter referred to as "Rivigo/ RSPL").

The Terms and Conditions of use of Web Site (‘Terms of Use’) govern Customer’s (as defined below) use of our website (the “Web Site”) and our “Rivigo” application for mobile and handheld devices (the “Rivigo App(s)”). The Web Site and Rivigo App(s) are jointly referred to as the “Platform”. The Terms of Use are published on Rivigo’s Web Site https://rivigo.com/platform-terms/Relay.

These general terms for Customers and/or Demand (hereinafter referred as to ‘General Terms’) are to be read along with RSPL’s Privacy Policy, Terms of Use, Product Terms (if any), or other RSPL’s policies (published on Platform) (collectively referred as to “ RSPL’s Terms”).

By clicking on ‘send OTP’ button, at the time of registering the account on Rivigo App has been developed by Rivigo to be used by its Customers for connecting with Rivigo’s Supply Partners (i.e. supplier providing the logistics and transportation services) to fulfill their logistics and transportation requirements (hereinafter referred as to “ Rivigo Relay App”), you are consenting that you have read and understood these General Terms, RSPL’s Terms and agree to be bound by these RSPL’s Terms.

For the purpose of these General Terms and RSPL’s Terms, wherever the context so requires the Relay customers (hereinafter referred as “You or Customer or Demand”) agree to use Platform or Rivigo’s Relay App by registering themselves on Rivigo’s Relay App using the computer systems or mobile, by providing their data/information required for such registration.

Customer’s agreement to the General Terms and RSPL’s Terms shall operate as a binding agreement between Customer and Rivigo in respect of the usage and services of the Platform.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

As long as you comply with these Terms of Use, Rivigo grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these General Terms you also accept and agree to be bound by the other terms and conditions and Rivigo policies (including but not limited to Cancellation, Penalties & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

Terms and Conditions:

Services:
The Customer shall use this Platform through mobile applications- Rivigo Relay App or Web Site (if applicable) for connecting with Rivigo’s Supply Partners (i.e. supplier providing the logistics and transportation services) to fulfill their logistics and transportation requirements (hereinafter referred as to “Platform Services/Services”).
Registration:
In event the Customer choses to use ‘Rivigo Relay app’ via phone or email, the Customer is allowing RIVIGO to create an account in its name with the RIVIGO network. Any ‘Relay load’ shared by Customer on email id - booking@rivigo.com or on Rivigo customer service number will be treated as ‘Relay load’ shared on Rivigo platform/ Rivigo Relay app and would be bound by these terms and conditions. For the purpose of these Terms and Conditions, Order shall mean: Customer’s freight requirement. The Customer’s account would allow Customer to post Customer’s freight requirement on ‘Rivigo Relay app’ and make payment for the placed order post confirmation of Order.
Customer agrees to use Platform or Rivigo’s Relay App by registering themselves on Platform using the computer systems or mobile, by providing their data/information required for such registration.
Customer represents that Customer shall promptly inform Rivigo on any change in the Data provided by Customer to Rivigo. Customer further represents that if the Data provided is found to be false or incorrect anytime by Rivigo or the Supply Partner the Customer shall be liable for appropriate legal action.
Rivigo shall bear no liability for the incorrect, false, incomplete Data provided for the registration provided by Customer. Customer agrees and permits Rivigo to share the Data and / or other information / data submitted by Customer during the use of Services or any other services offered through Platform with the third parties.
In case, Customer is unable to access its own account registered with Rivigo, Customer shall inform Rivigo at support@vyom.com.
Customer shall not transfer, assign, let, or sale its account registered in Platform to a third party. Rivigo shall not be liable for any loss that Customer may incur as a result of someone else using its account, either with or without its knowledge.
Load sharing with Customers:
The Customer gives permission to Rivigo for sharing its ‘Relay load’ with the Supply Partners registered with Rivigo.
Account Suspension:
Customer gives right to Rivigo to accept or reject its registration on Rivigo Platform. Rivigo has right to remove any Customer, Relay load from its Platform without any prior notice. Rivigo can use data analytics or on its sole discretion decide to block, suspend, remove any customer account on its Platform.
Rivigo reserves its right to suspend or terminate Customer’s account and the access to the Platform and the Services with immediate effect if:
1. the Data provided by Customer is incorrect, forged or false;
2. Customer is found to be non-compliant or in violation to the General Terms, or RSPL’s Terms;
3. it is believed that Customer’s actions may cause legal liability for you, other users or us; and
4. at RSPL’s sole discretion without notice for causes which includes but not limited to (i) requests by law enforcement or other government agencies, (ii) unexpected technical issues or problems, (ii) a request by you (self-initiated account deletions), or (iv) discontinue or material modification of the Platform or any Service offered on or through the Platform.
  After termination of Customer’s Account with Rivigo shall destroy all the Data collected from Customer, except the records and the data pertaining to the transactions undertaken using the Services on the Platform;
  Customer also agrees that any violation by Customer of these General Terms or RSPL’s Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Rivigo, for which monetary damages would be inadequate, and Customer’s consent to Rivigo obtaining any injunctive or equitable relief that Rivigo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Rivigo may have at law or in equity.
Account Reinstatement:
Rivigo has right to ask for any required documentation for re-instating any suspended, blocked account on its Platform.
Ratings:
Customer gives consent to Rivigo to have a rating criteria on its Platform wherein Supply Partners on Rivigo Platform can rate their experience of interaction / transaction with the Customer. Rivigo can use such ratings to optimize further its product.
Rivigo may also create rating profile of Customer based on their algorithms taking into consideration factors like Customer’s profile and behavior, over and above the feedback of Supply Partners.
Permission to use data:
The Customer gives permission to Rivigo to use its Data for any kind of analysis, product improvement or service enhancement to improve customer experience.
For the purpose of these General Terms, “Data” shall include but not limited to government approved identification documents.
Communication:
The Customer agrees to receive Services or RIVIGO promotional / scheme in-app notifications as well as sms, Whatsapp notifications and/or email on registered mobile number and email id. The user may opt out of any alert or notifications through Rivigo Relay App settings options.
Confidentiality/ Non-Disclosure:
As a result of the performance of these General Terms / arrangement and whether due to any intentional or negligent act or omission, Rivigo may disclose to its Customer or Customer may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of Rivigo’s business ("Rivigo’s Information"). Customer hereby agree and acknowledge that any and all of Rivigo’s information is confidential and shall be Rivigo’s sole and exclusive intellectual property and proprietary information. Customer agree to use Rivigo’s Information only for the specific purposes as allowed by the performance of this arrangement. Any disclosure of Rivigo’s Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. Furthermore, Customer acknowledge that Rivigo’s Information is proprietary, confidential and extremely valuable to Rivigo, and that Rivigo would be materially damaged by Customer’s disclosure of Rivigo’s Information. Customer acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that Rivigo shall be entitled to injunctive relief.
Price Quote:
For any ‘Relay load’ shared by Customer on Rivigo Relay App, Rivigo will share with Customer an estimated price (excluding GST and other incidental expenses/charges i.e. detention, green tax, unloading and loading charges etc.) for the Order as early as possible depending on the availability of trucks.
Order confirmation:
By requesting a truck on Rivigo Platform/ Rivigo Relay app, the ‘Order’ gets accepted as soon as Rivigo identifies the truck for the Customer. The Order would be considered confirmed unless cancelled by the Customer. The Customer may cancel the Order up to 30 minutes’ post Order confirmation without any penalty. Any cancellations post 30 minutes of Order confirmation would attract cancellation charges as per the Rivigo’s Refunds Penalties, and Cancellation Policy.
Service Guarantee:
Rivigo strives to provide 100% placement assurance post ‘order’ confirmation though cannot guarantee the same. In the event of placement failure post order confirmation, Rivigo will find a replacement for the same at the earliest, on the basis of the best available alternative available with Rivigo. In such instances, Customer shall have the option to either accept or not the alternative provided by Rivigo.
Invoicing & Taxes:
In cases where where Customer is consignor himself, final Invoice shall be raised by Rivigo to its Customer which would include GST @12% under forward charge, unless exempted by Government of India.
In cases where where Customer is not consignor himself, final Invoice shall be raised by Rivigo on behalf of the Supply Partner which would include applicable and relevant taxes, unless exempted by Government of India.
It is clarified that since RIVIGO SERVICES PRIVATE LIMITED doesn’t own any trucks on its name, therefore Customer to pay the invoice amount without any deduction of TDS. Rivigo would be responsible to deduct TDS from Customers as applicable and deposit the same directly with the applicable authorities.
Customer shall pay against the invoices raised within the time frame as per the allowed payment terms and in case of delay in making the payment additional interest as penalty on delayed payment shall be applicable. Rivigo will create 100% digital POD process in future same would be mutually agreed between the parties.
Customer will generate Eway bill using Rivigo Platform or enter Eway bill number for the ‘trip’ on Rivigo Relay App/ Platform and the same shall be considered as Customer’s acknowledgement to the invoice issued to the Customer.
Payment:
All payments shall be made by Customer in compliance with payment terms as selected and set up in Customer’s online account created on Rivigo Relay App.
Balance payment:
In certain cases, i.e. where Customer is not the consignor itself, the balance payment between the Customer and the Supply Partner can be settled directly between them outside Rivigo’s network. In all such cases, standard requirements related to balance payment processing like POD submission, detention charges adjustment, late delivery charges etc. adjustment would be settled directly between the Customer & the Supply Partner. Rivigo would not be liable to any claim by either party with respect to such balance trip payments. For trips where balance payment is settled through Rivigo, Rivigo holds the rights to finalize the additional charges (e.g. detention, loading etc.) and penalties. Rivigo will pay the Demand Partner the balance payment as per Rivigo’s balance payment terms which are subject to change.
Detention and Penalties:
Any detention charges and or penalties as agreed between the Supply Partner and Customer if different from Rivigo’s Refund and Cancellation Policy, are to be settled by them mutually. Rivigo on cases to case basis might help both parties in resolving such disputes with a sole purpose of reaching towards a closure. RIVIGO in no way is a party to any such financial relationship or dispute between the two parties. Rivigo’s Cancellation, Penalties & Refund Policy is attached as Annexure A herein.
Insurance:
In certain cases, where Customer is consignor himself, Customer authorizes Rivigo to insure the consignment and in case of loss/damage to consignment due to accident etc., Customer authorizes Rivigo as Customer’s authorized representative to claim such loss or damage through insurance. The claimed amount from insurance company will be used to compensate the Customer for the damages / losses incurred by Rivigo’s Customer in its service. For the sake of clarity, Rivigo in such cases is only responsible and liable to transfer the claim amount received from insurance company to the Customer.
In cases where Customer is not Consignor himself, RIVIGO’s liability in event of loss / damage to the consignment would not exceed 10% of total trip freight value. The claim / liability policy may change in future. All changes would be communicated to Customer in a timely manner.
For both the cases, Customer is required to support completion of all documents required by Rivigo for filing the insurance claim.
Indemnity:
Customer agrees to indemnify and hold harmless the RIVIGO and its licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation, reasonable attorney's fees) arising out of or related to its use of the Service, any materials downloaded or uploaded through the Service, any actions taken by Relay customers in connection with use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that the Rivigo may assert under this Agreement or by law.
Limited liability:
In no event shall Rivigo be liable for any special, incidental, indirect or consequential damages of any kind in connection with these General Terms. In no event Rivigo or its licensors, its suppliers or any third parties mentioned on the Platform shall be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from or in connection with these General Terms or its use, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
Rivigo shall not be responsible for any unauthorised transactions made through Customers’ account.
System & Data Security:
Rivigo uses industry best practices to safeguard your personal information, including firewalls and Secure Socket Layers. Rivigo utilizes several different security techniques to protect data from unauthorized access, but Rivigo cannot guarantee the security of Rivigo’s system. Rivigo also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control.
Out of Agreement:
Any commitment with the Customer which is done outside the preview of these General Terms by any individual including any Rivigo team member, Rivigo would not be bound for the same.
Record Keeping/ Audit:
Rivigo reserves the right to keep all records of any and all transactions and communications between Customer and other members for administration purposes.
Legal Compliance:
Customer shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Customer’s use of Rivigo’s service and Customer’s listing, shipping requirements should fall within country’s legal framework. Customer shall comply with all applicable provisions, as amended from time to time, of a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to taxation laws of the country such as GST, income tax, local levies) regarding Customer’s use of our Services. Customer shall not engage in any transaction in an item or services, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Agreement Updation:
Rivigo from time to time might update certain or entire terms and conditions of this arrangement. Customer shall be liable to update itself of such changes, if any, by accessing the changes on the Platform. Customer shall, at all times, be responsible for regularly reviewing the General Terms, RSPL’s Terms and note the changes made on the Platform. Customer’s continued usage of the Services after any change is posted constitutes Customer’s acceptance of the amended General Terms, RSPL’s Terms and the changes made on the Platform.
Force Majeure:
Rivigo shall not be liable for any failure to perform any obligations under this General Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case Rivigo’s obligations under this General Terms shall be suspended for so long as the Force Majeure Event continues.
For these General Terms, Force Majeure Event shall mean any act, event, non-happening, omission or accident beyond Rivigo’s reasonable control and includes in particular (without limitation) an event arising due to acts of God, fire, flood, landslides, hurricanes, sabotage, labor disputes or other industrial disturbances, strikes, embargoes, acts of government, riots, war, terrorism, revolt, , electrical or power outages, utilities or other telecommunications failures, acts/omissions of public/local authority, acts of local, state or governmental action prohibiting or impeding Rivigo from performing its respective obligations under the General Terms etc.
Jurisdiction & Dispute Resolution:
If any dispute between Customer and Supply Partner is reported to Rivigo, Rivigo will make every effort to help both the parties communicate; however, all disputes must be resolved directly between them. If after making constant endeavors still issue persist, then parties can take the resort of available legal remedies.
Customer undertakes not to make/ implead Rivigo as a party to any litigation that arises between the Customer and Supply Partner.
However, if any dispute arises between Rivigo and Customer, Rivigo and Customer hereby agree that these General Terms shall be governed by and interpreted in accordance with the laws of India and the competent Court at Gurugram, shall have exclusive jurisdiction.
A printed version of this General Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in the printed form.
Notice:
Rivigo may give notice by means of a general notice on the Platform/ Rivigo Relay App, or by electronic mail to Customer’s e-mail address or a message on Customer’s registered mobile number, or by written communication sent by regular mail to Customer’s address on record in Rivigo’s account information.
Customer may contact Rivigo by electronic mail on e-mail address support@vyom.com and by written communication sent by regular mail to our corporate address at:
Rivigo Services Private Limited,
Plot No. 90, Sector-44, Gurugram, Haryana, India
No Agency:
These General Terms shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise with the Customer. The Customer shall have no authority to make or accept any offers or representations on the behalf of Rivigo. Further this General Terms does not create an exclusive relationship between the Customer and Rivigo.
Waiver:
Rivigo’s failure, delay or omission to exercise or enforce any rights or provisions of these General Terms will not constitute a waiver of such rights or provisions. Rivigo’s failure to insist upon or enforce Customer’s strict compliance with these General Terms or applicable laws will not constitute a waiver of any of our rights.
Severability:
If any part of this General Terms is determined to be invalid or unenforceable pursuant to the applicable laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these General Terms will continue in effect.
Disclaimer of Warranties:
This Platform is provided by Rivigo on “as is” and “as available” basis. Rivigo makes no representations and warranties of any kind, express or implied; as to the operation of the Platform or information, contents, materials, prices or products included on this Platform. Customer(s) expressly agree to use this Platform on their sole risk. Rivigo reserves its rights to withdraw or delete any information from this Platform at any time and on its discretion.