Biker Dot Com Terms and Conditions

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Terms of Use

Welcome to our website www.bikerdotcom.in and Thank You for downloading our Mobile Application “BIKER DOT COM". The Website and the Mobile Application is owned and operated by BIKER DOT COM. In these terms of use unless the context otherwise requires the following “Terms” shall have the following meanings:
1. “BIKER DOT COM” affiliate “BIKER DOT COM”, “We”, “US”, “Our”.
2. “Website and Mobile Application” collectively referred to as the “Platforms”.
3. “User” (“You”, “Your”, “Yourself” OR “Users”) referred to any person accessing or using any of the Platforms or availing the Services offered by us.
4. "Orders" means the booking or request placed by the users through our platform.
5. "Delivery Partners" means a person who has registered and agreed with us to accept orders from you by using our platform.
6. "Product Delivery" is the service offered for picking and delivering any parcel or product as requested by the Users.
7. "Pick up Location" is the address from where the product needs to be picked up by the delivery partner.
8. "Drop Location" is the address where the product needs to be delivered.
9. "Delivery Partner Assigned" means the order accepted by the delivery partner to provide the service to the Users.
10. "Restricted Items / Product" means the list of the product that is prohibited by us and for which we don't accept any liability.
11. "Single" order means there is only one pickup location and one drop location.
12. "Return" order means the delivery partner will deliver the product at the drop location and get back the other mentioned product to the first (pickup) location.
13. "Multiple" orders are the orders which will have more than one picks up or drop location.
14. "Upload Photo" means that the user can upload the product image at the time of booking.
15. "Delivery Type" will be the Mode of Transport used by the delivery partner for delivering the product, its include Delivery by Bike,
16. "Schedule Orders" are the orders booked for a future date or time.

Acceptance

These terms and conditions set out the entire agreement and understanding between BIKER DOT COM and users on the use of the platform and the services. Please read the terms and conditions carefully before using our platform. You accept all these terms and conditions and agree to be legally bound by the same.

User Registration

1. To access our platform and to get connected with our delivery partner, You need to register as a user on the platform and create Your account with us.
2. As a registration process, you will be required to enter Your personal information and a 10 digit valid mobile number or E-mail on which a One Time Password ("OTP") will be sent for verification.
3. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate, and up-to-date. You acknowledge and accept that BIKER DOT COM has not independently verified the details provided by You. We shall in no way be responsible or liable for the accuracy or completeness of any details provided by You. If we found that the details given by You are untrue, inaccurate, or incomplete, We reserve the right to suspend, terminate or delete Your account (defined below) and refuse all current or future use of the Platform (or any portion thereof) at any time.
4. You shall safeguard your login details of our platform and shall not disclose the One Time Password (OTP) to third parties; You are solely responsible for and in control of the information provided to us. We shall assume that any person using your mobile device, your login credential will either be you or someone authorized by you.
5. Once You register the phone number and E-mail with us, You consent to be contacted by us via phone calls, SMS notifications, Messages also allowed us to send You the Promotional messages of any updates or offers. We shall have the right to show the details, feedback, ratings, reviews, etc. provided by you on the platform.

Amendments to the T&Cs

• The Company reserves the right to amend these T&Cs at any time, notably owing to the evolution of the functionalities offered by the Site and the Applications or the rules of operation of the Services. The amendment shall take effect immediately upon making the amended version of the T&Cs available through the Site, which every Member must have first read and accepted in order to use the Services. If a Member objects to the amendment to the T&Cs, he must refrain from using the Site or Applications and the Services.
• When the amendment occurs after payment by the Member of a sum of money corresponding to a Delivery of Goods, the amendment shall not apply to the transaction in progress. If the amendment entails changes to the procedure for access to and/or use of the Site and/or Applications, the Company shall inform the Member of such change in advance via mobile application push notifications or by email at the address notified by the Member.

Definitions

In these T&Cs, capitalised terms shall have the meanings set out below: “Applications”: means the computer applications accessible from a Device and enabling access to the Services and shall include mobile applications (BIKERDOTCOM) for Android and iOS for user. “Assigned Courier”: the Courier automatically chosen to provide the Services to the User. “Collection Address”: means the collection address of the Goods stated on the Order Request. “Company” (or “our”, “us” or “we”): BIKER DOT COM. info@bikerdotcom.in;

“Courier”: means the individual, who offers his services via the Applications or Site in order to execute Deliveries of Goods on behalf of the Users. “Goods”: means the item(s) subject to the Order Request, with the exception of the Excluded Items. “Delivery Address”: means the delivery address or multiple delivery addresses for the Goods stated on the Order Request. “Delivery (ies) of Goods”: means the courier services provided by the Courier(s) to the User via the Applications.

“Device”: means any mobile or other device (smartphone, tablet) having an internet connection and able to download, install and use the Applications.

Services

BIKER DOT COM offers you various services with the help of our technology platform/mobile-based software application.
1. Users can avail the product pickup and delivery service from a predetermined pickup location to a predetermined drop location at the given pickup date and time with the delivery type and other details for delivering the product.
2. Users can book a "Single" order which has only one pickup location and one drop location.
3. Users can book a "Return" order. It's a two-way service in which a product is picked up from the first location and delivered at the second location, again from the second location as mentioned by the user will be picked up and bought at the first location.
4. Users can book a "Multiple" Order through our platform where there will be more than one pick up location or drop location.
5. Once the order is placed for Product delivery on our platform, depending upon the availability of delivery partner around your area, who is willing to accept Your order, The product delivery services are provided to You directly by the registered delivery partner and we merely act as a platform to fulfil your requirement. We do not take any responsibility or liability for any form of deficiency of services on part of the delivery partners.
6. The delivery partner then shall start the order will collect the product from the pickup location and deliver them to the drop location. The delivery partner has the right to check and confirm the product content or refuse to pick up the product if the product is in our restricted list. BIKER DOT COM may at its absolute sole discretion, add, modify, upgrade, extend, withdraw, or alienate any of the Services from time to time. We do not provide any guarantee to You that the Services will be made available to You at all times. We shall have the right to refuse to pick up or deliver products on any account at any time.
7. Users hereby agree and acknowledge that we provide you the Platform to connect with Delivery Partners to initiate Your orders on the Platform. You hereby agree and acknowledge that we will not be a party to any of the transactions that are initiated by You through the Platform and we shall not be liable in any manner or incur any liability for the services performed by the Delivery Partners, as the case may be. Further, You hereby agree and acknowledge that we shall not be liable for the conduct, acts, and omissions of the Delivery Partners in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Delivery Partner, as the case may be.
8. You hereby agree that scheduling and rescheduling an order on the Platform depends upon the availability of Delivery Partners around Your location.
9. If the order placed by you on the platform cannot be executed or completed, we shall notify you on the platform.
10. We shall provide updates on the status of delivery via SMS/ Application Notification. Additionally, the Recipient/Sender may be able to track the delivery partner through the live-tracking facility available on the platform. Though live-tracking may be reliable, it is also prone to inaccuracies due to network issues. We do not give any assurance with respect to the accuracy of the live-tracking system available on the Application.

Check OR Verify

We do not check or verify the products that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Delivery Partner, and therefore we shall have no liability with respect to the same. However, if it comes to the knowledge of us You have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal, dangerous substance or restricted items/products we shall have the right to report You to the government authorities and take other appropriate legal actions against You.
1. You agree that You shall not request a Pick-Up and Drop Off Services for Items which are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law or regulation or the provisions of this Terms of Use.
2. You hereby acknowledge that we shall not be liable for any damages of any kind arising from Your use of our Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
3. You hereby agree that we shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, you agree that we have no control over the product provided to You by the sender and therefore, we shall not incur any liability with respect to such product.
4. We shall use Your location-based information that is captured by us through a global positioning system when You are using Your mobile device to book the order on its App. Such location-based information shall be used by us only to facilitate and improve our Services being offered to You.
5. You hereby acknowledge that if You have any complaint with respect to our Services, You will first inform us in writing within 24 (twenty-four) hours of using such Services.

LOCATION DATA

1) Under this Permit Understanding, you will get the Authorized Substance through the Programming interface key given by (BIKER DOT COM – USER APPLICATION).

2) Every application in the device has some private storage in the internal memory and you can find this in android/data/your_package_name directory. Apart from this internal storage, the rest of the storage is called the Shared Storage i.e. every application with the storage permission can access this part of the memory.

3) You can't reserve or store, record, pre-get or in any case store any part of the Authorized Substance or embrace any mass download tasks.

4) You will not straightforwardly or in a roundabout way move any information got from (BIKER DOT COM – USER APPLICATION) to any outsider and will restrict admittance to your workers and project workers with a need to know such data in execution of their obligations.

5) You will not make or reveal measurements about, or play out any factual investigation of, the Authorized Substance. You will not uncover any such measurements or examinations connected with or associated with the Authorized Substance to any outsider, during the legitimacy of this Authorized Arrangement and for a further time of 3 years following end of this Programming interface Understanding.

6) You will not, straightforwardly or by implication, sell, abuse or misuse the Authorized Substance got by you through the Programming interface key

7) You will not, straightforwardly or by implication, make upgrades, subordinates, mystery content in all media, mediums, and organizations (counting, without constraint, all dialects), to the Authorized Substance. 8) You will not co-exist the Authorized Substance with outsider substance. Further, you will not show Authorized Substance and Imprints alongside content that under regulation are viewed as unlawful, ungodly, disparaging, questionable, against public arrangement and slanderous or unfavourable to (BIKER DOT COM – USER APPLICATION) standing.

9) If you quit utilizing the Authorized Substance or then again in the event that this Permit Understanding is ended, you should erase all Authorized Substance you have gotten from (BIKER DOT COM – CLIENT AGENT) or through utilization of the Programming interface and (BIKER DOT COM – USER APPLICATION) claims all authority to deactivate the Programming interface key gave to you.

10) (BIKER DOT COM – USER APPLICATION) might expect you to entomb alia immediately erase and eliminate all calls to the Programming interface made by you including however not restricted to any information got from the Programming interface and stop all utilization of the Imprints assuming you disregard the agreements of this Permit Understanding or whatever other circumstances that (BIKER DOT COM – USER APPLICATION) may later on make material to you with respect to the Programming interface, the Authorized Substance or the Imprints.

Service Fees and Payment Terms

1. Our fees for the service are charged as per the delivery basis.
2. Before processing your order, you will be able to see the details in the order summary page as billing details of your order. GST/Taxes will be charged additionally.
3. In Product delivery other than the delivery fees, there are other charges which and when applicable as per the scenario.
• Excess Baggage Fees -
• Baggage fees will not be applicable for parcels weighing up to 10 Kgs.
• Above 10 Kgs weight will be added as per increase in total weight charges depending upon weight slab.
• Cancellation Fees – 28/- INR.
• There are no cancellation fees apply if the "Delivery Partner" has not been assigned to Your order.
• No Change of address will be done once order got punched.
• Delivery Fee can be different on Special Days.
4. You are allowed to pay via cash at any location or via an integrated payment platform (Online Payment). We do not accept cheque, voucher or any other form of payment
5. In case if You have any payment due or pending to be paid us, you will be required to clear the payment towards such fees before you book another order. The pending balance will be added to your current billing details.
6. We will be providing you the e-copy of your invoice in our Mobile Application, we do not issue any physical copies of the Invoices for rendering our services. If requested by You the Invoice can be sent to your registered email id.

User Eligibility

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 BIKER DOT COM 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 BIKER DOT COM 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 BIKER DOT COM in writing, you may only possess one Account.

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 COURIER 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 delivery 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

Text Messaging

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

User Provided Content

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 BIKER DOT COM the license to the User Content as set forth above.
(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor BIKER DOT COM 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, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by BIKER DOT COM in its sole discretion, whether or not such material may be protected by law. BIKER DOT COM may, but shall not be obligated to, review, monitor, or remove User Content, at BIKER DOT COM sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply 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. BIKER DOT COM 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.

Restricted Product

1. We do not deliver illegal, prohibited, or restricted products under applicable laws of India, including but not limited to the Restricted Products. Users shall ensure that the Sender does not, send any of such products through our services. The User further agrees and understands that any false or misleading statements in this relation may result in penalty action by us and under applicable law.
2. List of Restricted Products/Items:
• Excluded and Prohibited Items Excluded Items You are entitled to send the following items via the Courier Service but the Company will have no liability in respect of such Excluded Items or in the following circumstances:
• Items which may suffer loss, damage, deterioration or depreciation caused by variation in temperature (unless caused by an accident to the conveying Vehicle)
• Items which suffer any mechanical, electronic or electrical derangement unless caused by external means.
• Loss or damage caused by: defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Goods or other property; vermin, wear, tear or gradual depreciation; inherent vice
• [Include Here the point for Legal Drugs in connection with the urgency and couriers availability] •Living & dead creatures
• Bullion
• Cash and cash like instruments including bank notes, specie and unnamed cheques
• Bonds, treasury notes and other securities
• Stamps
• Prepaid phone cards and similar
• Negotiable instruments
• Precious metals (unless part of a piece of jewellery)
• Precious stones (unless part of a piece of jewellery)
• Cigarettes and other tobacco.
• Data stored in writing in any format, whether hard copy or electronically, with contents including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Customer’s risk. Prohibited Items You are prohibited from using the Services for delivery of the following Prohibited Items, in respect of which the Company accepts no liability whatsoever. We do not accept liability for any consequence whatsoever resulting directly or indirectly from or in connection with any of the following Prohibited Items, regardless of any other contributory cause or event: Any and all items which are illegal to carry own or transport or which, in the reasonable opinion of the Company, may potentially be hazardous or dangerous to the Courier or the general public, including but not limited to:
• Explosives including fireworks
• Pornographic materials
• Illegal drugs or any other contraband
• Weapons, Arms, Ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons
• Blades of any kind longer than 1.5 inches
• Dangerous power tools such as chain saws
• Flammable materials
• Dangerous chemicals
• Dangerous biological agents
• Any item packaged in a hazardous or dangerous box

Representation and Warranties

1. You agree not to access or attempt to access the Platform by any means other than through the interface that is provided by BIKER DOT COM. You shall not use any deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any of our Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
2. You represent and warrant that You are legally authorized to view and access the Platform and avail our Services. You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing our Services.
3. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent, or otherwise objectionable. BIKER DOT COM disclaims all liabilities arising in relation to such offensive content on the Platform.
4. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the Delivery Partner;
5. Post, upload, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
6. 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;
7. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platforms;
8. Violate any code of conduct or other guidelines, which may apply for or to the Services;
9. Impersonate any other User, Merchant, Delivery Partner or person;
10. Violate any applicable laws or regulations for the time being in force in India; and
11. Violate, abuse, unethically manipulate or exploit, any of the Terms.
12. Violate the Terms of Use contained herein or elsewhere;
13. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting for any other nation.
14. You agree and acknowledge that the use of our Services is at Your sole risk and we disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
15. Without prejudice to the above, we will make no representation or warranty that our Services will meet Your requirements.

Offers and Promo code (Discounts)

These T&Cs may be amended from time to time and as and when required, at the discretion of the Company.

SEVERABILITY

1. As a BIKER DOT COM user, you can apply Promo code (as defined below) on the Order placed by You from our service platform.
2. The Promo code (“Discount”) cannot be clubbed with BIKER DOT COM points or any other offer.

Intellectual Property Rights (IPR)

1. The Service platform and the process, and the software is developed and made available exclusively by BIKER DOT COM. We are the sole owner of the Platforms and all software created to provide you with the Services. We provide 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.
2. All content on the Platforms, including limited to, all designs, text, videos, graphics, image, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by us.
3. All Content is the exclusive copyright of BIKER DOT COM or its licensors, except third party content and link to third party websites. You may not copy, reproduce, or use such Content without due attribution of ownership to Use of the Content for any purpose not expressly permitted by us in these Terms is prohibited and may invite legal action.
4. The trademarks, logos, and service marks displayed on our Platform are the property of BIKER DOT COM, except any trademark, logos, and service marks of third parties available on the Platform. You are not permitted to use or copy any of it without the prior consent from us or such third party as may be applicable.

License

Subject to your compliance with these Terms, BIKER DOT COM grants you a limited, non-exclusive, non-sub licensable, 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, non-commercial use. Any rights not expressly granted herein are reserved by BIKER DOT COM and BIKER DOT COM licensors.

User Provided Content

BIKER DOT COM may, in BIKER DOT COM sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to BIKER DOT COM 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 BIKER DOT COM, you grant BIKER DOT COM, 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 BIKER DOT COM 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 BIKER DOT COM the license to the User Content as set forth above.
(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor BIKER DOT COM 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, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by BIKER DOT COM in its sole discretion, whether or not such material may be protected by law. BIKER DOT COM may, but shall not be obligated to, review, monitor, or remove User Content, at BIKER DOT COM sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

Disclaimer of Warranties and Liabilities

1. BIKER DOT COM is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with Services, whether caused by BIKER DOT COM., Members, or by any of the equipment or programming associated with or utilized by BIKER DOT COM.
2. Under no circumstances will BIKER DOT COM. or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, any content posted on the Website or transmitted to Members, or any interactions between Members, whether online or offline. BIKER DOT COM will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without your knowledge.
3. Services are provided "AS-IS" and BIKER DOT COM. Expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BIKER DOT COM cannot guarantee and does not promise any specific results from the use of Services.

Indemnity and Limitation of Liability

1. You agree to indemnify and hold BIKER DOT COM., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the platform, including also your use of the platform to provide a link to another platform/software or to upload content or other information to the platform.
2. For fragile/delicate products, we recommend private transportation which needs to be booked by you and it’s completely your responsibility to send the product for delivery. In any case, we shall not be responsible for any direct or indirect damage or loss that happens in transit.
3. BIKER DOT COM shall not be liable to any Member, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these T&C.

Liability
No exclusion

Nothing in these T&Cs limits or excludes the Company’s liability to a Member for:
• death or personal injury caused by its negligence;
• fraud or fraudulent misrepresentation; or
• Any other liability which cannot be limited or excluded at law.

Limitation of liability

the Company’s total liability to any Member, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the T&Cs.
The Company shall not be liable to any Member, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these T&Cs for:
• loss of profits;
• loss of sales or business;
• loss of agreements or contracts;
• loss of anticipated savings;
• loss of or damage to goodwill;
• loss of use or corruption of software, data or information;
• any indirect or consequential loss;
• losses arising as a result of any information provided by Members, including in relation to the dissemination of such information on the Site and/or Applications;
• losses arising in connection with any use of the Technology and/or the Services by a Member which is in breach of these T&Cs;
• losses arising in connection with: (i) the use or unavailability of the Services, the Site and/or the Applications; and (ii) access to the Services, the Site and/or the Applications by an unauthorised user;
• losses arising in connection with any malfunction of any nature relating to the Member’s Device and his connection to the internet upon accessing the Site, Applications and/or the Services;
• Losses arising in connection with mechanical, electronic or electrical derangement of the Goods unless caused by external means; or caused by: latent or inherent defect; defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Goods or other property: vermin, wear, tear or gradual depreciation; or inherent vice.

Additional provisions in relation to the Delivery of Goods

The following apply in relation to the Delivery of Goods:

• The User acknowledges and agrees that the quality of the services of Delivery of Goods requested via the Site falls wholly under the responsibility of the particular Courier who accepted and/or effected the Delivery of Goods in question.
• The Company shall not be liable for any losses howsoever arising, in relation to any Deliveries of Goods by the Couriers or with regard to the acts, actions, behaviour, attitudes and/or negligence of the Courier.
• On the request of a Member, the Company shall use its best endeavours to seek to resolve any dispute over a Delivery of Goods executed by a Courier.

Additional provisions applicable to the acts of the Members and the contractual relations between the User and the Courier

• In addition to the following provisions apply in relation to acts of the Members and the contractual relations between the User and the Courier.
• The Member is solely responsible for breaches and/or violations of the legislation applicable to him and to these T&Cs with regard to both the Company and the other Member with whom he is in contractual relations, and for damages that may arise owing to these violations and/or breaches.
• The Member shall be liable for, and shall compensate, the Company and/or any other Member and/or a third party in respect of any claims, complaints, remedies and petitions, of any nature, resulting from such a violation or breach, relating to: i) the use of the Technology by the Member; ii) the relationship between the Courier and the User; iii) the operation of the Method of Transport with regards to the Courier; and iv) the Delivery of Goods with regard to the Courier.
• The Member shall compensate the Company and/or third parties for any direct and indirect damages resulting from such violations and/or breaches.

Indemnity

The Member shall indemnify, defend and/or settle and hold harmless the Company against any loss or damage (including legal costs) which the Company may sustain or incur, in relation to any third party claim, to the extent such claim is based upon any breach by the Member of the provisions of these T&Cs. Where Goods include sensitive data and documents the User shall indemnify the Courier against all actions, claims, proceedings and judgments together with costs incurred relating to loss, damage or disclosure of such data or documents.

Enhanced Protection

The Company may, from time to time, offer Users the ability to purchase Enhanced Protection for losses suffered for Delivery of Goods.

Link to Third Parties

1. Our Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating such third party websites, and We do not warrant the products or offerings of any of these businesses or individuals or the accuracy of the content of such third party websites.
2. You should review their terms and condition policy before you decide to access any such linked third-party website, you do so at your own risk. We disclaim all responsibility and liability as regards the services, conduct, or actions of such third parties.
Modifications, Amendments, and Terminations
1. You agree that we have the sole rights to modify, amend, or waive any of the arrangements or offering of these Terms, from time to time.
2. You agree to the modified and updated terms of use on placing a new order or on downloading the updates of the platforms.
3. You agree and understand that you are responsible for checking our terms from time to time to remain in compliance with these terms.
4. You agree when you are using our platforms after any amendment to these terms shall constitute your acceptance of such amended terms.
5. You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and You consent to the Company or Client obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances.
6. You agree in case of company or client takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief that may be granted.
7. You may anytime discontinue the use of the platform, and delete your account by sending an email to info@bikerdotcom.in. The User agrees and confirms that such deletion of his account will not come into effect till the time all the outstanding liabilities of the User have been cleared. Upon deletion of the User's account, we may retain certain information and records of transactions as per our Privacy Policy.

Definitions

In these T&Cs, capitalised terms shall have the meanings set out below:
“Applications”: means the computer applications accessible from a Device and enabling access to the Services and shall include mobile applications (BIKERDOTCOM) for Android and iOS for user.
“Assigned Courier”: the Courier automatically chosen to provide the Services to the User.
“Collection Address”: means the collection address of the Goods stated on the Order Request.
“Company” (or “our”, “us” or “we”): BIKER DOT COM. info@bikerdotcom.in;
“Courier”: means the individual, who offers his services via the Applications or Site in order to execute Deliveries of Goods on behalf of the Users.
“Goods”: means the item(s) subject to the Order Request, with the exception of the Excluded Items.
“Delivery Address”: means the delivery address or multiple delivery addresses for the Goods stated on the Order Request.
“Delivery (ies) of Goods”: means the courier services provided by the Courier(s) to the User via the Applications.
“Device”: means any mobile or other device (smartphone, tablet) having an internet connection and able to download, install and use the Applications.

“Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation:

• acts of God, flood, drought, earthquake or other natural disaster;
• Epidemic or pandemic;
• Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
• Nuclear, chemical or biological contamination or sonic boom;
• Any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition [, or failing to grant a necessary licence or consent
• Collapse of buildings, fire, explosion or accident;
• any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party);
• Non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause
• Interruption or failure of utility service.
“Member”: means either the Courier or the User.
“Method of Transport”: means the method(s) used by the Courier to carry the Goods for the purposes of making the Delivery of Goods, including (i) transport by bicycle, (ii) transport on moped/motorbike, or (iii) transport by land motor vehicle, hereinafter referred to as “Vehicle(s)”.
“Offered Price”: means a quote, calculated from the tariffs listed on the Site, for the execution of a Delivery of Goods.
“Order Acceptance”: means the User’s confirmation that the User accepts the Offered Price and grants the Company the permission to bill the User on the Courier’s behalf.
“Order Details”: means all details to be provided by a User when requesting a Delivery of Goods via the Site or Applications, including the following: Delivery Addresses, timeslots, nature of Goods, weight of parcels, User and Receivers’ valid mobile phone numbers.
“Order Request”: means a request by a User for a Couriers’ acceptance to provide the Services set out in the Order Details.
“Party (ies)”: means any of the parties, being the Courier, the User or the Company
“Price”: means the remuneration for the Delivery of Goods and Services billed to the “Prohibited Item”
“Sender”: means the individual (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the User as sender of the Goods, and located at the Collection Address;
“Services”: means all services putting the Users and the Couriers in contact, offered through the Site and Applications.
“Site”: means https://www.bikerdotcom.in/, providing access to the Services.
“Technology” means the Applications and any other method introduced by the Company that allows for the automated placing of orders between a User and a Courier.
“Recipient”: means the person (including the agent or representative of a company) whose identity and contact details are entered in the Site or Applications by the User as Recipient of the Goods and located at the Delivery Address or, where applicable, within a nearby adjacent area.
“SC”: means the special conditions of these T&Cs that apply to the Couriers only.
“T&Cs”: means these terms and conditions and including the Privacy Policy.
“User” (or “you” or “your”) means the adult individual, or the corporate entity represented by a duly authorized individual, who is resident in the India and requests a Delivery of Goods and to be put in contact with a Courier through the Site or Applications.

Cancellation by the Courier

• The Courier may only cancel a Delivery of Goods in the following cases:
• If the Goods differ from the description given in the Delivery Request;
• If the Goods present dimensions greater than those set out in the Delivery Request;
• If the Goods have no packaging or are insufficiently packaged;
• If the Goods are not labelled correctly;
• If the Goods contain a Prohibited Item; or
• If the Courier cannot execute the Delivery of Goods without communicating with the User and/or the Sender and/or the Recipient and is unable to connect with the User and/or the Sender and/or the Recipient on the telephone numbers provided. .
• The cancellation by the Courier of the Delivery of Goods for the aforementioned reasons must be considered as cancellation by the User as defined in T&C, and the full Price shall be billed to the User.

Damaged Goods

• Upon Delivery of Goods, the User shall, unless otherwise agreed in advance, sign (or ensure that the Recipient signs) for the Goods, indicating to the Courier that the Goods are undamaged.
• In the event of loss or damage to the Goods, the Recipient must refuse to sign for the Delivery of Goods and explain the reasons to the Courier. The User shall also notify the Company of any loss or damage to the Goods separately in writing within 1 day of Delivery of Goods.
• In the absence of detailed reservations recorded by the Recipient at the time of the Delivery of Goods, it shall be the User’s responsibility to prove that the damage took place during the Delivery of Goods by the Courier, and to establish that the damage was caused during the Delivery of Goods by the Courier.
• Once the Courier has left following Delivery of Goods, all enquiries relating to loss or damage to the Goods should be directed through the Company as agent for the Courier.
• Any additional information requested to substantiate a claim for loss or damage of Goods must be made available within 21 days of request. If the information requested is not received within this timescale, the Courier reserves the right to close the claim. The User can send an email to submit a damage/loss claim to https://www.bikerdotcom.in/
• To proceed with a claim, the User will need to have proof that the Courier has taken the Goods from the Sender. In addition, in the event of a claim, a copy of the receipt for the Goods will be required to prove the value of the Goods, together with serial numbers and IMEI numbers for electrical items.
• The damaged Goods together with all packaging should be kept until the claim is concluded as photographs or inspection of the Goods may be necessary.
• If a claim is made that the Goods have been damaged, all packaging should be kept for inspection by the Courier. The item must also be available for inspection in the state it was delivered, at the Delivery Address. Further journeys could cause further damage, making it difficult to assess the original damage. The Courier may also ask for photographs of the internal and external packaging as well as the damaged item to process the claim.
• If the User makes a claim relating to damaged Goods, the Courier may also ask for an estimate of repair costs for the Goods supplied by a specialist. If the Goods cannot be repaired, then the Courier would need this in writing from the specialist.
• A claim relating to lost Goods can only be processed once the Courier has concluded its searches for the Goods within a reasonable timescale.
• Any amounts payable in relation to lost or damaged Goods will only be paid to the User. Please ensure the exact name or company name is entered at the time of booking as a Surcharge will be charged to re-issue a settlement cheque.
• The Courier will not be liable (whether in negligence or otherwise) to the User in respect of any loss or damage of Goods unless legal proceedings are commenced against the Courier within 15 days from the date of Delivery of Goods or the date of a claim decision.

Other causes

• No suspension or reimbursement of the Price owed by the User shall be made in any circumstance. Including without limitation, the refusal of the Goods by the Recipient, or his refusal to receive them. If the Recipient refuses to accept the Goods for any reason other than those set out in, the Courier shall return the Goods through a Delivery of Goods and the User will be billed for such return.
• The User acknowledges and agrees that the Courier is not responsible for any non-conformity of the Goods or delay in Delivery of Goods in relation to the estimated timeframe indicated, and that these do not constitute a valid and admissible reason for refusing to accept the Goods.

Surcharges

• Certain surcharges may be payable by the User to the Courier in addition to the Price. When a surcharge is payable, it may be charged directly to the payment method used to make the initial order (and the User hereby authorise the automated payment of such charges).
• Any Surcharges represent the additional administrative costs, which will be suffered by the Courier in connection with the Services and charges which the Company may incur. The Company act on behalf of the Courier as agent for the purpose of collecting any surcharges. This information is made available to you prior to placing the User’s order.
• For illustrative purposes, the following is a non-exhaustive list of when surcharges may be payable.
• If the Goods are not ready for collection at the proposed collection time set out in the Order Request, if requested by the User, the Courier will wait for collection of the Goods. An additional charge of 3 per minute (in addition to the Price remaining payable for the Delivery of Goods) shall be charged to the User if the Courier waits for the Goods for more than 15 minutes after the proposed collection time set out in the Order Request.
• A surcharge of up to 100% of the Price (in addition to the Price remaining payable) may be applied when the Courier tries to deliver the Goods and is unable to deliver in accordance with the Order Request, after the Courier’s attempts to contact you have failed or it has been confirmed that the collection cannot be made when scheduled. Where a failure to deliver the Goods arises from the acts, actions, behaviour, attitudes and/or negligence of the Courier, the User not be liable for the surcharge.
• A surcharge of respective value (in addition to the Fee remaining payable) will be applied if the receiver refuses to take delivery of the goods and they need to be sent back to the collection point or if it is not, in the reasonable opinion of the Courier, possible to leave the Goods in a safe place at the point of delivery. The respective value will be calculated as if the returning point is the additional waypoint and initial.

Please Read These Terms Carefully Before Accessing or Using the Services

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and BIKER DOT COM. If you do not agree to these Terms and conditions, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. BIKER DOT COM may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
BIKER DOT COM may amend the Terms and conditions related to the Services from time to time. Amendments will be effective upon BIKER DOT COM posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Governing Law

1. These Agreement terms of use shall be governed by the laws of India. The courts at Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms.

Acceptance of Agreement and Report abuse

1. You hereby agree and accept that these Terms along with the Privacy Policy shall constitute the final, complete and exclusive statement of the agreement between BIKER DOT COM and the User with respect to the use of our Platform. 2. In the event, you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Platform, please report the same to the following e-mail id: info@bikerdotcom.in.

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