Terms of Service
Transport World (the “Transport World”) operates a web/mobile application, “Transport World App” (the “App”) available on Google Play Store and other similar platforms and also operates a website https://www.transportworld.in/ (the “Website”). The App and the Website shall be together referred to as the “Platform”. These terms of service (“Terms”) govern the use of or access to the Platform and the Services (as defined below).
These Terms constitute a binding and enforceable legal contract between the “Transport World” and a User (as defined below) or any end user of the Services (collectively, “you”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are 18 (eighteen) years of age or older, and (c) are an Indian resident. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
These Terms also include our privacy policy, available at (“Privacy Policy”) and any internal guidelines, supplementary terms, policies, or disclaimers made available or issued by us from time to time. By continuing to access or use the Platform, or any Service on the Platform, you signify your acceptance of the Terms. Further, you understand that the Platform is intended for the use of Indian residents only and by your continuing access and/use of the Platform shall be construed as a deemed declaration that you are an Indian resident.
The “Transport World” reserves the right to make changes to these Terms by posting the new/updated version and your continued use and/or non-deletion of the Platform shall indicate your agreement to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the Platform so as to be abreast with the changes that we may be carrying out to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
If you have any questions about these terms and conditions, please contact us at transportworld.feedback@gmail.com
Services
The Platform (i) provides an online digital member directory, business directory, business card, & community feed services wherein the users (“Users”), can record their personal, educational, professional & business details, (ii) allows users to create, view & share their own – member profile, business profile & business card, (iii) allows users to view, save & share other users – member profile, business profile & business card, (iv) allow users to contact other members and businesses, and (v) allow users to rate & review businesses, (vi) allow users to connect, create and share content, and interact (collectively, “Services”). For the purposes of this clause, Services would include any other future services the “Transport World” provides/proposes to provide.
On-Boarding
To avail the Services, a User would be required to create a profile/sign-up on the Platform (“Profile”) using his/her email ID and/or phone number among other details. In addition to setting up username and password to create the Profile, the User will be required to furnish certain details, including but not limited to phone numbers and details of its customers and businesses. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respects. The User further agrees and undertakes to promptly update its details on the Platform in the event of any change or modification of such details.
The User is solely responsible for maintaining the security and confidentiality of its username and password, and agrees to immediately notify the “Transport World” in writing to our office of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.
The User expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise. The “Transport World” expressly excludes any liability for any unauthorised access to a User’s Profile.
The User agrees to receive communications from the “Transport World” regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about the “Transport World” and the Services; (iv) promotional offers and services from the “Transport World” and its third party partners, and (v) any other matter in relation to the Services.
Know your customer policy
The “Transport World” may require Users to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to their identification documents (“KYC Documents”).
The User hereby authorises the “Transport World” and any third-party service provider it may engage with or interact with in connection with using the Platform to process KYC Documents and ascertain the User’s eligibility. Any processing undertaken by the “Transport World” shall be in accordance with its Privacy Policy and these Terms. It is hereby clarified that as far as the permission of the KYC Documents by a third party service provider is concerned, the same shall be governed by the privacy policy of such third party service provider.
The User agrees that it may be required to submit additional documents as and when required by the “Transport World” or any of its third party service providers and if, in such an event, any additional information, data, or documentation is required (collectively, “Top-Up Documents”), the User hereby agrees to share such Top-Up Documents promptly upon request, and further, authorises the “Transport World” to process such Top-Up Documents. The User agrees and warrants to provide valid, true, complete, and up-to-date KYC Documents and Top-Up Documents. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.
The list of the KYC Documents and Top-Up Documents may be provided to the User at the time of creating the Profile/signing-up or at a later stage.
Transaction Information
The Users may upload information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between the Users and their customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Platform.
At the time of creating or uploading the first Transaction Information with respect to their customers, the User shall inform such customers of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such Customer’s express consent in this regard and to: The creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with the “Transport World”; receive communications from the “Transport World” regarding: (A) information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information about the “Transport World” and the Services; (D) promotional offers and services from the “Transport World” and its third party partners, and (E) any other matter in relation to the Services. If such customers fail to provide consent, or withdraw consent, the User shall immediately cease to use the Services in relation to such customers. The User shall be solely responsible for obtaining such consent from its customers and the “Transport World” shall assume that such consent as required under clause 4(b) above is sought and received by the User if the User provides details of such Transaction Information relating to any of such customers at any time during the use of the Platform.
Third party services
The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
The platform may contain links to third-party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by "Transport World" of the content on such third-party websites.
The “Transport World” makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
User responsibilities
The User hereby represents and warrants that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform. The “Transport World” does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
The User shall extend all cooperation to the “Transport World” in its defending of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
While the “Transport World” uses commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.
The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not: Infringe either directly or indirectly any third party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party; except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services; use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses or any other harmful programmers or similar computer code designed to adversely affect the operation of any computer software or hardware; use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof; engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; or violate applicable laws in any manner.
Use Restrictions:
Your permission to use the “Platform” is conditioned upon the following use, posting and conduct
restrictions:
You agree that you will not under any circumstances:
· Access the Servicess for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Servicess,
· Collect or harvest any personal data of any user of the Platform or the Services
· Use the Platform or the Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
· Distribute any part or parts of the Platform or the Services without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
· Use the Services for any unlawful purpose or for the promotion of illegal activities;
· Attempt to, or harass, abuse or harm another person or group;
· Use another user’s account without permission;
· Intentionally allow another user to access your account;
· Provide false or inaccurate information when registering an account;
· Interfere or attempt to interfere with the proper functioning of the Services;
· Make any automated use of the Platform, the Services or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· Bypass any robot exclusion headers or other measures we take to restrict access to the Services, or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or
manipulate data;
· Circumvent, disable or otherwise interfere with any security-related features of the Services or
features that prevent or restrict use or copying of content, or enforce limitations on use of the Services or the content accessible via the Services; or
· Publish or link to malicious content of any sort, including that intended to damage or disrupt
another user’s browser or computer.
Posting And Conduct Restrictions:
When you create your own personalized account, you may be able to provide Personal, Educational, Experience, Professional, Business, Address, E-Mail, Website, Contact Number, Images, Ratings, Reviews, Opinions, Advice, Statements, Offers, Feedback, Post, Comments, Reply, Reaction, Suggestions, or any other information or content (“User Content”) to the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Services.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The “Transport World”, however, reserves the right to remove any User Content from the Services at its sole discretion.
We grant you permission to use and access the Services, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Services, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, libelous, false or inaccurate;
· You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· You agree not to use the platform for any unlawful purpose or in any way that violates these terms of use. Prohibited conduct includes, but is not limited to, posting content that is defamatory, obscene, pornographic, abusive, harassing, or otherwise objectionable.
· Users may contribute content to the platform, including but not limited to text, images, videos, and links. By posting content to the platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your content on the platform. You retain all ownership rights in your User Content but you are required to grant the following rights to the Platform and to users of the Services as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Platform or the Services, you grant to the Platform a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Services; and you grant to each user of the Services, a worldwide, nonexclusive, royalty-free license to access your User Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Services and under these Terms of Service;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
· You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Services, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. The Platform is not responsible for any public display or misuse of your User Content.
The Platform does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services or with other Users.
Online Content Disclaimer:
Opinions, advice, statements, offers, or other information or content made available through the
Services, but not directly by the Platform, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Platform or the Services nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any
opinion, advice, or statement made by other parties. We take no responsibility and assume no liability
for any User Content that you or any other user or third party posts or sends via the Services. Under no
circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on
information or other content posted on the Services, or transmitted to users.
Though we strive to enforce these Terms of Service, you may be exposed to User Content that is
inaccurate or objectionable when you use or access the Platform or the Services. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Platform or the Services or to limit or deny a user’s access to the Services or take other appropriate action if a user violates these
Terms of Service or engages in any activity that violates the rights of any person or entity or which we
deem unlawful, offensive, abusive, harmful or malicious. [E-mails, Messages, Calls sent between you and other users that are not readily accessible to the general public will be treated by us as private to the
extent required by applicable law.] The “Transport World” shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under local law. If you become aware of a misuse of our Services or violation of these Terms of Service, please contact us at transportworld.feedback@gmail.com
Intellectual property
All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the “Transport World”. Subject to compliance with these Terms, the “Transport World” grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time. All content and materials available on the platform, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the property of “Transport World” or its licensors and are protected by copyright, trademark, and other intellectual property laws.
The User should assume that everything the User sees or reads on the Platform is protected under the Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used except with the prior written permission of the “Transport World”.
The “Transport World” may freely use, copy, disclose, publish, display, distribute without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Transport World’s or any third party’s intellectual rights.
The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to the “Transport World” and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the “Transport World”.
Term and Termination
These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
The “Transport World” may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
Notwithstanding anything to the contrary contained in the Terms, upon termination of a User’s access to or use of the Services, all amounts or outstanding amount due by you in relation to your use of or access to the Services shall become immediately payable.
Disclaimers and Warranties
The use of the Services is at your sole risk.
You acknowledge and agree that the “Transport World” is not engaged in the provision, grant, or disbursement of any financial product. Further the “Transport World” does not act as an intermediary and does not collect or facilitate the collection of monies. The “Transport World” is not and will not be responsible for any claim or for any damages suffered, whether by the Users, the customers of the Users or any other person or party, that are related, directly or indirectly, to or arise out of the same including any payments made by the User or by the customers of the User. The User further agrees and undertakes to retain proof of sale documentation (in electronic or physical form) in connection with each payment link it generates or sends to customers.
The “Transport World” is only a technology platform service provider and: is not registered with the Reserve Bank of India; does not hold any license to engage in any activities relating to financial products; is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India; and is not an intermediary under the applicable laws.
To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. The “Transport World” does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
To the fullest extent permissible under applicable law, the “Transport World” expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the “Transport World” shall have absolutely no liability with respect to the same.
To the fullest extent permissible by law, the “Transport World”, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services; the occurrence or existence of any defect, interruption, or delays in operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to the Transport World’s records, programmes, services, server, or other infrastructure relating to the Services; or the failure of the Services to remain operational for any period of time.
Notwithstanding anything to the contrary contained herein, neither the “Transport World” nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the “Transport World”, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
The platform is provided "as is" and "as available" without any representations or warranties, express or implied. “Transport World” makes no representations or warranties in relation to the platform or the information and materials provided on the platform.
Indemnity
You shall indemnify, defend at the Transport World’s option, and hold the “Transport World”, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with the “Transport World”, of these Terms.
In no event shall "Transport World" be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the platform; (ii) any conduct or content of any third party on the platform.
Consent to use data
You agree that the “Transport World” and any third party service providers it engages, may, in accordance with its Privacy Policy, collect and use your information and technical data and related information.
The “Transport World” may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
Subject to applicable laws, the “Transport World” may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the “Transport World” shall have the right to share such data with relevant agencies or bodies.
Maintenance of Records
You shall maintain the records of all payment transactions on the Platform independently of the Platform (by way of physical copies et cetera) and the “Transport World” reserves the right to seek copies of such records for their own use including record keeping.
Fees/Charges
The “Transport World” reserves the right to charge a convenience fee for the Services and non-payment may result in denial of Services.
Modification
The “Transport World” reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. The “Transport World” shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
Jurisdiction, Governing laws, and Dispute resolution
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Indore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Indore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the “Transport World”. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
Miscellaneous Provisions
Modification – The “Transport World” reserves the right at any time to modify these Terms and to add new or additional terms or conditions on the use of the Services. Such modifications and additional terms of service will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment - You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Transport World’s prior written consent. The “Transport World” may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The “Transport World” may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
Notices - All notices, requests, demands, and determinations for the “Transport World” under these Terms (other than routine operational communications) shall be sent to transportworld.feedback@gmail.com
Third Party Rights - No third party shall have any right to enforce any terms contained herein.
Translations –The “Transport World” may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.
Cancellation/Refund
Cancellation
(a) UPI Transactions can't be cancelled after initiating the transaction and if user has entered the wrong number/VPA ID then Transport World is not a liable party in the transaction.
(b) All UPI transactions are realtime and if there is any delay in the end of the transaction then user can check with support team of Transport World after 30 mins cool period.
Debit/Credit Card
(a) If user has any issues related to the transaction related to transaction linked with Debit/Credit card then we suggest user to report the same to Transport World Via mail with level of escalation.
(b) Transport World will respond and try to resolve the issue in the given escalation matrix as per the policy defined.
(c) All refunds will be processed by following the validation of the transaction from case to case basis in the given legal framework.
(d) Escalation matrix remains the same for the Refunds/Cancellation for all the transactions.