Thank you for downloading our mobile application Vaahac (“Application”). The Website, Application or any other computer Platform is operated under the brand-name ‘Vaahac’ and are hereinafter collectively referred to as the “Platforms”. This page (read in conjunction with our Privacy Policy details the terms and conditions on which Vaahac Solutions (“Vaahac”, “We”, “Us”, “Our”) provide their services (“Services”) on the Platforms (“Terms”).
These Terms become effective on any person accessing or using any of the Platforms or availing the Services offered by Vaahac (“Sender”). For the purposes of these Terms, the term (“you”) refers to the Sender, or visitor of the Platforms.
Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by Vaahac at its sole discretion and posted on the Platform from time to time.
Unless there exists a specific Service/Subscription Agreement (“Agreement”) to the contrary, the contents of these Terms of Use shall not be superseded by any oral or written commitment. However the terms of an Agreement entered between Vaahac and any Business Owner may provide additional details and specifications with respect to Vaahac’s Services, which are in addition to and not derogation of these Terms. All orders placed under a separate specific Agreement by a business shall be governed by these Terms as well as the terms provided in the separate Agreement even if Vaahac services are not being provided through any of its Platforms.
Enrolment and Account Information
To access the Platform, you need to enrol on the Platform and open an account by completing the registration process which will also include a verification process. Each registration is for a single individual Sender only.
By registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription or service updates.
You shall not disclose your password or account information to any person. You shall notify Vaahac immediately of any unauthorized use of your account or any other breach of security. Vaahac will not be liable for any unauthorised use of your account and for any loss that you may incur because of such unauthorised use. However, you shall continue to be liable to indemnify Vaahac for any losses incurred by it either directly or indirectly because of the unauthorised use of your account.
Proprietary Rights
All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Vaahac. You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Vaahac’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material.
Intellectual Property Rights
The Services provided by Vaahac are premised on a proprietary software developed and made available exclusively by Vaahac. Vaahac is the sole owner of the Platforms and all software created to provide you with the Services. Vaahac provides you with a single limited license to download, use and access the Platforms on your devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, non-licensable and non-exclusive. All content on the Platforms, including but not limited to, text, images, information, logos, buttons, designs, graphics, video, icons, software, audio files and any other content (“Content”) are the exclusive property of Vaahac. You may not copy, reproduce, or use such Content without due attribution of ownership to Vaahac. All icons and logos are trademarks of and proprietary to Vaahac. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All Content is the exclusive copyright of Vaahac or its licensors, except third party content and link to third party website. Use of the Content for any purpose not expressly permitted by Vaahac in these Terms is prohibited and may invite legal action.
Links to Third Parties
Our Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, payment partners, etc.). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. Vaahac does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before you use any third-party websites, you should review the applicable terms of use and policies for such third-party websites. If you decide to access any such linked third-party website, you do so at your own risk. Vaahac disclaims all responsibility and liability as regards the services, conduct or actions of such third party.
Modification and Discontinuation
Vaahac reserves the right to modify, amend or waive any of the provisions of these Terms, from time to time entirely at its own discretion. The Sender explicitly agrees to the modified and updated Terms of Use on placing of a new order or on downloading the latest updates of the Application. You additionally agree and understand that you are responsible for checking these Terms periodically to remain in compliance with these Terms. Your use of the Platforms after any amendment to the Terms shall constitute your acceptance of such amended Terms.
The Sender may discontinue the use of the Website and the Application at any time, and delete his account by writing to Vaahac. The Sender agrees and confirms that such deletion of his account will not come into effect till the time all the outstanding liabilities of the Sender have been cleared. Upon deletion of the Sender’s account, we may retain certain information and records of transactions as per our Privacy Policy.
Vaahac Services
The Services constitute a technology platform/mobile based software application through which the Sender can avail pick-up and delivery service for goods that the Sender wishes to transport (“Package”) from a predetermined Pick-Up Location (“Pick-Up Location”) to a predetermined drop-off point (“Drop Off Location”) to the person as identified by the Sender. The Sender may choose to be the person sending the Goods or could identify such other person who will be the sender of the Goods (“Sender”) or be the Receiver of such Goods or could identify such other person who will be the Receiver of the Goods (“Receiver”), as the case may be.
Vaahac will assign a delivery person for providing these Services to you (“Commuter”). The Commuter will collect the Goods from the Sender at the Pick-Up Location and deliver them to the Receiver at the Drop Off Location.
Vaahac will not be responsible for the loss or damage of the package which was/were damaged, broken, or not fit for transport before the Goods were handed over to the Commuter. Vaahac does not conduct any checks on the Goods, and it is the Sender’s responsibility to ensure that the Goods are packed properly before sealing the Goods in the tamper-proof packaging or otherwise. In case due to any circumstance the Commuter handles the Package on the instruction of the Sender/Receiver or otherwise, the same shall not make the Commuter liable for any damage to the contents of the Package or the delivery item.
Upon initiation of service via placement of order on any of the Platforms of Vaahac, a unique One Time Password (“Security Pin”) is created and communicated to both the Sender and the Receiver. Thereafter, once the Goods are handed over by the Sender to the Commuter, the Commuter will Click a picture of the package during the time of pickup of the order. Subsequently, the Commuter, upon reaching the location of the Receiver, will click a picture again at the drop off point signifying its delivery to the Receiver. Vaahac will neither pick up the delivery items from the sender nor deliver the Goods to the Receiver unless the Security Pin provided by the Sender/Receiver respectively matches with the respective package before the order is picked up from the Sender or delivery is made to the Receiver.
Vaahac may bypass either/both Security Pin on the Sender’s request or an Agreement to the contrary, but will not be liable for any defect/damage/destruction to/of the delivery item(s).
Vaahac may at its sole discretion refuse to pick up or deliver goods on any account at any time.
We do not detain any delivery without any valid reason and ensure our best to deliver untampered Packages within the promised timeframe, however we shall not be liable for a tampered Package or delayed delivery or non-delivery if a force majeure event occurs, or if the Sender is in breach of these Terms or if the Security Pin provided by the Receiver does not match. If the Receiver for whatever reasons is unavailable to collect the Goods, or if a valid Security Pin is not entered at the time of delivery, we will return the Goods to the Sender or the Sender, towards which the Sender shall have to pay such additional fee as may be applicable.
Vaahac shall provide updates on the status of delivery via Application Notification. Additionally the Receiver/Sender may be able to track the movement of your Goods through the live-tracking facility available on the Application or otherwise through services provided to Vaahac by third-parties. Though live-tracking may be reliable, it is also prone to inaccuracies due to network issues. Vaahac does not give any assurance with respect to the accuracy of the live-tracking system available on the Application.
It is also pointed out that Vaahac does not store delivery items from pickup to delivery location at any point, however, it reserves the right to pick up multiple items along the way, consequently storing items transiently, or transferring items across Commuters at its sole discretion which shall be considered as a part of the Service and agreeing to these Terms shall explicitly give Vaahac the right to transiently store delivery items as well as transfer delivery items across Commuter without inducting any additional liability.
By giving us the Goods in the Safe Packaging or otherwise, you hereby appoint us as your agent, and as agent solely for the delivery of the Goods to the Receiver. In some instances, local authorities may require additional documentation confirming our appointment. You hereby agree that your confirmation and agreement to these Terms are the confirmation of our appointment as your agent for the limited purpose as set forth above.
Payment
Subject to a written Service/ Subscription Agreement to the Contrary, Vaahac offers a standard price for its Services which is currently calculated on the basis of distance between the pick up and delivery location, time taken by the Commuter for delivery, size of the delivery item and any additional and ancillary costs that may have been incurred by Vaahac for fulfilling its order. Our fees for the Services shall be charged on a per transaction basis, where prior to processing your Gig we will inform you about the fee payable. You will be required to pay upfront for the Services through integrated payment platforms connected to the Platform. In case any payments are due on the end of the Sender and payable by the sender after the completion of Services, for any reason whatsoever, The Sender will be required to clear the payment towards such fee before they can place another Gig for our Services. Promotion and Referral coupon terms & conditions are at the discretion of the company and are subject to change without any prior intimation.
In the event of any change in specifications/details of the Gig with respect to the size of the Package delivery item, change in the drop off location, change in pick up location or unusual wait time during pick up or delivery, Vaahac may levy an additional fee which shall be added to the subsequent invoice of the Sender.
We do not issue any physical copies of the invoices for rendering our Services; however, you will always be able to view the e-copy of your invoices on your Application and upon your request on the Application, a copy of the invoice will be delivered to your registered e-mail address after successful completion of our Services.
Disclaimer of Warranties & Liabilities
You hereby represent and warrant to Vaahac that:
You are over eighteen (18) years of age and are capable of entering, performing and adhering to these Terms. In case a Sender under the age of eighteen (18) years accesses the Platforms and/or uses our Services we assume such use is under parental/legal guardian’s guidance;
You will not use the Platforms in any manner that could damage, disable, overburden, or impair the Platforms, or adversely affect the reputation of Vaahac; and
In case any package being transported by you contains tobacco or tobacco-related products, you shall ensure that the Receiver/intended Sender of the package is not a minor and that the delivery location of such package is not within 100 yards of an educational institution.
All the information provided by you to Vaahac is true and correct;
The Goods will be packed in the tamper-proof Packaging in secure premises either by you or Sender or by any reliable persons authorized by you or Sender and protected against unauthorized interference during packing and handing over to the Commuter;
You will not use the Platforms for any purpose that is unlawful or prohibited by these Terms;
You will not transport through Vaahac any package which contains illegal, prohibited or restricted goods under applicable laws of India, including but not limited to the goods set out in Annexure-A below (“Restricted Goods”);
Sender Conduct and Rules
You agree and undertake to use the Platforms only to post and upload information and material that is proper. By way of example, and not as a limitation, you agree and undertake that while using our Services or accessing our Platforms, you will not:
Violate any applicable laws or regulations for the time being in force in India; and
Violate, abuse, unethically manipulate or exploit, any of the Terms.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the Commuters;
Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platforms;
Post, upload, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Violate any code of conduct or other guidelines, which may be applicable for or to the Services;
Prohibited and Restricted Goods
Vaahac does not deliver goods which are illegal, prohibited or restricted under applicable laws of India, including but not limited to the Restricted Goods. Senders shall ensure that the do not send any Goods which are illegal, prohibited, or restricted including but not limited to the Restricted Goods. The Sender further agrees and understands that any false or misleading statements in this relation may result in penalty action by Vaahac and under applicable law.
Vaahac takes no responsibility on behalf of the Sender for any restricted goods if and when found out inside the package. Vaahac reserves the right to check the Package contents and report to appropriate authorities if and when applicable
Force Majeure
Vaahac shall not be liable to you whatsoever for any interruption or delay in its Services, or to access the Platforms if such interruption, delay, or inability is caused by a force majeure event. A “force majeure event” means any event or circumstance beyond the reasonable control of Vaahac including but not limited to an act of war, strike, riot, crime, power failure, epidemic or sudden legal changes prevents governmental actions including acts of governmental officials or police authorities, failure of third parties to provide services on which the business of Vaahac is dependent, acts of terrorism, national emergency, civil disturbance, sabotage, labour disputes, strikes, change in law or policies, court orders, cyber threats and cyber-attacks including those resulting from malware, trojans, ransomware, data breach, hacking, or malicious damage to the Platforms.
Termination or Suspension of Account or Services
You agree that Vaahac may at any time and for any reason, terminate your access to the Platforms, or restrict or suspend your access to all or any part of the Website or the Application at any time, for any or no reason, with or without prior notice, and without liability. Vaahac reserves the right to cancel your rights to access the Platforms, if it believes that you are using any of the Platforms in breach of these Terms.
Additional Charges, Cancellation and Refunds
We will proceed with the execution of your Gig upon your having successfully placed a Gig. Should you thereafter wish to modify the gig, you may incur additional charges for such modification. Such additional charge shall be calculated on the basis of the change in the distance, traffic along the route, time taken to complete such Gig or the size of the delivery package. In case you request to cancel the Gig, you may incur a part of or the entire fee depending on the time and effort put in by Vaahac towards the Service. We may not be able to process any requests for cancellation after the Goods have been picked up from the Pick-Up Location. If such an event does take place under exceptional circumstances, Vaahac will return the Goods to the Pick-Up Location, towards which the entire fee chargeable for the original scheduled delivery of Goods along with the inconvenience fee towards the reverse delivery to the Pick-Up Location will become payable.
We will attempt the delivery of the Goods to the Drop Off Location, and if such delivery is unsuccessful, the Goods will be placed at a safe place at the Drop off location whose picture will be shared with the Sender. Commuter will wait for 10 Mins, both Sender and Receiver will be contacted during this time. If for some reason, No response is given from the Receiving end, Commuter/Vaahac will not be liable for the Goods lost/damaged/disrupted at the Drop off Location.
We may need to cancel your Gig in any of the circumstances below:
in the event of the Pick-Up Location or Drop Off Location following outside the service zone offered by us;
if in our discretion the Goods violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction;
inability to proceed/complete the Gig due to lack of information, direction or authorization from you;
if Vaahac Commuter has to wait for over 10 minutes for you or your Sender and/or Receiver to complete the pickup or drop for any reason including the Commuter’s inability to contact you or your Sender and/or Receiver; or
inability to complete the Gig due to reasons beyond our control such as force majeure events.
Providing refunds in the aforesaid circumstances is the sole discretion of Vaahac, and such refunds may be provided only when the fee has been paid by the Sender in advance i.e. amount paid. Our decision on refunds shall be final and binding. All refunds shall be processed and credited to your account in accordance with the terms that may be stipulated by the partner payment merchant and/or associated bank.
Security Components
You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Vaahac and/or content providers who provide content to Vaahac. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.
Indemnity
The Sender and/or the User’s designated Sender and/or the Sender’s designated Receiver agrees to defend, indemnify and hold harmless Vaahac, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all direct and indirect claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees and costs) arising from:
Your use of and access to Platforms in a manner except as permitted herein;
Your, or the Sender’s, or the Receiver’s violation of any of these Terms or any applicable law;
Your breach of the representations and warranties set out in these Terms;
Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
Any and all claims of third parties relating to, arising out of or resulting from, the Sender’s conduct or negligence; or
Your, or the Sender’s, or Receiver’s conduct which causes harm to the Commuter or is prejudicial to the reputation or goodwill of Vaahac.
This indemnification obligation will survive the termination of your account or use of Services and the Platforms.
Disclaimer of Warranties
Vaahac shall not be liable for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system, loss of profits, loss of data arising out of the use of the Platforms, delay or inability to use the Platforms, failure to provide the Services, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the Platforms, shutting down of the whole or part of the Services that might result in any loss of information, non-retrieval or loss of data, or arising out of the inability to use any Services.
If a tampered/damaged Package is being delivered to you: (a) without the occurrence of a force majeure event; (b) without you having breached the provisions set out in these Terms, you will be eligible for damages in accordance with these Terms; and (c) with non interference by police/local authorities
Our liability in respect of any Goods transported through us is limited to the lower of: (i) the current market value or declared value of the Goods or (ii) five (5) times the value of the fee paid by you (the value of the fee for the purposes of this section only shall be net of discount and exclusive of any taxes paid by you). Our liability is strictly limited to direct loss and damage to the tamper-proof packaging only and all other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to our attention.
Vaahac provides a pickup guarantee of reaching the pickup geographic at the stipulated pickup time slot chosen by the Sender(Provided your Gig has been accepted by the Commuter) subject to the operating conditions (usually announced at the time of accepting a Gig), and other conditions specified in these Terms. The Vaahac Guarantee is not applicable if any modification is made to the order including but not limited to a change in size of package or change in pickup or delivery location(s). If the Gig remains Unmatched, Vaahac will return the money debited to the Source account while posting of the Gig. Vaahac reserves the right to withdraw or temporarily suspend the pickup guarantee without any prior intimation to the Sender including but not limited to days declared as public holidays, New Year’s Eve, national or regional festivals, etc. in view of difficult operating conditions for pickup and/or delivery. We will make every reasonable effort to pick up and/or deliver the Goods according to the Sender’s pickup slot/or delivery schedules, but these schedules are not binding and do not form part of these Terms. Vaahac is not liable for any damages or loss caused by any delay, or disruption of any third-party services which are used by us for the performance of the Services. Vaahac is also not liable for any delay or delivery of a tampered packaging of Goods which delay or tampering is caused due to actions of governmental authorities.
All claims must be submitted in writing to Vaahac within seven (7) days from the date that Commuter accepted your Gig for delivery of Goods, failing which Vaahac shall have no liability whatsoever. Claims are limited to one claim per Package of Goods, settlement of which will be full and final settlement for all loss or damage in connection therewith. The Sender will have the option to receive the amount towards such settlement in their Vaahac account or as a credit into their source bank account.
Assignment
The Sender shall not have the right to assign these Terms or any rights or obligations hereunder. However, Vaahac may, at its sole discretion, assign any of its rights under these Terms to any person without restriction.
Entire Agreement
These Terms along with the Privacy Policy shall constitute the final, complete, and exclusive statement of the agreement between Vaahac and the Sender with respect to the use of the Website and the Application.
Waiver and Severability
The failure of Vaahac to exercise any right as per these Terms shall not constitute a waiver of such right. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. No waiver of any breach of these Terms shall waive any other breach, and no waiver shall be effective unless made in writing.
If any provision of these Terms is held invalid by any court or tribunal in a final decision from which no appeal is or can be taken, such provision shall be deemed modified to eliminate the invalid element and, as so modified, such provision shall be deemed a part of these Terms. The remaining provisions of these Terms shall not be affected by such modification.
The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Governing Law and Venue
These Terms shall be governed by the laws of India. The courts at New Delhi shall have exclusive jurisdiction over any disputes arising under these Terms.
Grievance Officer
Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through e-mail. Vaahac shall not be responsible for any communication, if addressed, to any non-designated person in this regard.
Mr. Kashish Verma,
Grievance Officer https://www.Vaahac.com
Email : Foundersvaahac@gmail.com
Annexure – A
List of Restricted Goods
Goods of perishable nature, or such goods which require specific controlled-temperature;
Adult goods, sexually suggestive material and pornographic material (including literature, imagery and other media);
Hazardous goods, weapons (including chemical weapons), and ammunition of any sort; or
Items infringing or attempting to pass off any third parties’ intellectual property.
Alcohol or intoxicating substances of any type including chemical or herbal unless legalized by the state in which pick up and delivery take place;
Any animal or bird species or any product containing a part of such animal or bird species including but not limited to furs, feathers, horns, skin, antlers;
Endangered plant varieties;
Gold and silver metals, other than items hallmarked as per standards set by the Bureau of Indian Standards;
Uniforms and badges of any defense personnel or police authorities;
Hazardous chemicals including pesticides, oxidizing substances, organic peroxides, radioactive substance or any object containing any of these;
Illegal drugs, narcotics or psychotropic substances whether allopathic, ayurvedic or herbal;
Currency (Indian or foreign), counterfeit or fake notes or coins;
Gases of any type including inflammable, compressed, liquefied, dissolved under pressure or deeply refrigerated, or inflammable or combustible liquids or solids;
Antiquities and art treasures in violation of applicable law;