Last Updated : 15th March 2022
The terms and conditions contained in this User Policy are framed in compliance to all the Laws that are in force in India and any other country Laws to which the user of this Website/Mobile Application belongs to. The acceptance to the Terms & Conditions by the User shall be considered as a valid contract under the Indian Contract Act, 1872. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed. The Terms and Conditions of this User Policy are framed by INCILO. The User Agreement has been last updated on 15th Mar 2022.
1. USER INFORMATION:
1.1 The User of this Website/Mobile Application shall be a person who has attained the age of majority i.e. 18 years of age as per the Indian Majority Act.
1.2 The User of this Website/Mobile Application, shall provide with the authentic Identity details such as Contact Number, Email Address, Name etc., as a proof of verification to access the Website/Mobile Application.
1.3 The information collected by the INCILO shall be protected under the Data Privacy and such information shall be handed over to the Appropriate Law Enforcement Agencies as and when it shall be deemed required by the Appropriate Law Enforcement Agencies.
2.1 CONFIDENTIAL INFORMATION: All information collected by the Website/Mobile Application for the purpose of creating an account and also all the information collected in future to maintain, upgrade or degrade the account shall be the Confidential Information of the User.
2.2 GOODS: means the thing or things in relation to which Relocation Services are to be provided but excluding coins, cash, bank notes cheques, money orders, postal orders, national saving certificates, premium bonds, travel tickets, passport, securities, manuscripts or documents of any description, Jewellery, Perishable goods, hazardous materials like Crackers, Explosives, Chemicals, Filled Gas Cylinders, Battery Acids, Inflammable Oils; such as Diesel, Petrol, Kerosene, Gasoline, Narcotics & Contraband items and other like items.
2.3.1 User shall be a person who has attained the age of majority and also who is a sound mind.
2.3.2 Any person irrespective of Nationality shall be termed as a user of this Website/ Mobile Application under this USER POLICY.
2.3.3 The user is an individual who basically utilizes the services provided by the application.
2.3.4 The user reserves the duty to follow the points laid down in this User Agreement.
2.3.5 The user is an individual who assures the usage of the INCILO for legitimate use only.
2.4 Website/Mobile Application:
INCILO shall be referred to as ‘Website/Mobile Application’ under this USER POLICY. A Website/Mobile Application can be defined as a product and in this case a product developed by INCILO. The Website/Mobile Application is created as the intellectual property of INCILO.
2.5 Intellectual Property:
Trademarks, Copyrights, Website/Mobile Application content, Logos, Words, terminologies, Software Codes etc. belonging to INCILO.
2.6 Cyber Crime:
Any action committed by the User or any Third Party for any illegal or unlawful purpose by utilizing the services provided by INCILO.
3.1 The information collected from the User shall be confidential information and it shall not be shared with the third person.
3.2 However, the Website/Mobile Application reserves the right to share basic contents of the confidential information for the promotion of the Business of both the User and the Website/ Mobile Application .
3.3 The confidential information shall only be shared with the Law Enforcement Agencies as and when appropriate procedure is followed.
4. SERVICES PROVIDED BY INCILO:
4.1 INCILO connects its users with the mini-truck drivers to carry-out delivery of packages or goods within a city.
4.2 The services provided by the INCILO shall be during the business hours i.e. 7:00 AM - 9:00 PM (IST).
4.3 The INCILO shall also provide a driver as a helper if required by the user as per the additional charges.
4.3.1 No additional Helper is provided by INCILO, the assigned driver delivering the Goods, will act as a helper for loading/unloading of the Goods when requested via Website/Mobile Application at an additional charge.
4.3.2 Driver acting as a Helper is not responsible for the full loading/unloading of the goods.
4.3.3 The help will be limited to Ground Floor of the premise and approximately 30 metres in distance.
4.4 It shall be the sole risk of the user to avail the services of the INCILO.
5. GOODS OR PACKAGES:
5.1 Goods which are prohibited by law shall not be packed in the transport vehicle.
5.2 If any goods or packages are found which are prohibited by law, then the complete liability shall be borne by the owner of the goods or packages i.e. the user.
5.3 In case of lost or damaged goods or packages the user shall inform the INCILO within 12 hours of such loss.
5.4 Any kind of special instructions for the transit shall be clearly specified by the user in prior.
5.5 The user shall be responsible for loading and unloading the goods.
5.6 The users shall clearly specify the nature of goods before loading or unloading the goods.
5.7 If any package is destroyed or lost during the transit or during the unloading, the transporter or the INCILO shall not be liable unless the packages are destroyed intentionally.
5.8 INCILO shall absolutely not be liable for the damage of any kind to the goods or packages.
5.9 In cases of theft or robbery, the INCILO shall not be liable and therefore the payment shall neither be withheld by the user nor claim refund in such cases.
5.10 The user shall sufficiently inform or provide visible indication regarding the fragile goods or packages.
5.11 In cases of any kind of delay or failure in delivery of packages due to any kind of situation which is completely out of the control of the transporter, in such cases both the transporter and the INCILO shall not be responsible whatsoever.
6. INTELLECTUAL PROPERTY RIGHTS:
6.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Website/Mobile Application are protected by copyright laws, trademark laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be.
6.2 These works, logos, graphics, sounds or images shall not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
6.3 Nothing contained on the Website/Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website/Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Website/Mobile Application is prohibited.
6.4 We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
6.5 The User shall also not use the services provided by INCILO to broadcast messages to promote any form of business that is of similar nature to that of the services provided by INCILO.
6.6 The Website/Mobile Application designed for the purpose of creating the INCILO Website/Mobile Application is protected under the Copyright Laws of India and therefore shall not be reverse engineered or replicated or re-created by the User.
7.1 While every care is taken during the transit. The goods are deemed to be self-insured by the user.
8.1 The estimation rate/actual rate of an order provided in the Website/Mobile Application may change after the completion of the trip. Toll charges, Parking charges if applicable have to be borne by the User.
8.2 The user shall also avail the option of payment by cash.
8.3 The payment should be made by the user by cash or through online gateways before unloading of the goods.
8.4 Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services.
8.5 In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
8.6 Server Slow Down/Session Timeout: In case the Website/Mobile Application or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact INCILO via e-mail or any other mode of contact as provided by INCILO to confirm payment.
In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider. No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
8.7 INCILO and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
Any interruption or errors in the operation of the Payment Gateway.
8.8 The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that INCILO or the Payment Service Provider(s) have no control over such matters.
8.9 Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, INCILO does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
8.10 The INCILO, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
8.11 The User will be required to login his/ her own User ID and Password, given by INCILO in order to register and/ or use the Services provided by INCILO on the Website. By accepting these Terms and Conditions the User agrees that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
Choose a new password, whenever required for security reasons.
Keep his/ her User ID & Password strictly confidential.
Be responsible for any transactions made by User under such User ID and Password.
If the login is prompted an one time password (OTP), the user shall not share it with others.
8.12 Debit/Credit Card, Bank Account Details:
8.12.1 The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
8.12.2 The User may pay his/ her fees to INCILO by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
The User is authorizing debit of the nominated card/ bank account for the payment of fees selected by such User along with the applicable Fees.
The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
8.13 The Taxes payable shall be deducted as per the Goods and Service Tax, Income Tax Act and any other law in force.
8.14 Any kind of disputes regarding billings and taxes shall be addressed by the user within 5 working days via email or call.
8.15 The Online Payment Service for INCILO is provided by RAZORPAY SOFTWARE PRIVATE LIMITED. Payment Service Provider Terms can be found in this link www.razorpay.com/terms.
9. CANCELLATION POLICY:
9.1 The user may as per their best interests request to deactivate their account at any point of time. All cancellation requests must be submitted to INCILO. The User may submit his cancellation requests by email or phone. The request for cancellation shall be considered valid unless and until the User receives confirmation from our team. The confirmation email or number given by INCILO will act as a proof of the cancellation of service.
10. REFUND POLICY:
10.1 Payment Refund Policy for Online Payments Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach INCILO (contact details are mentioned in the “About” section on the website) with his/ her claim details and claim refund from INCILO alone. Such refund (if any) shall be affected only by INCILO via payment gateway or any other means as the INCILO deems appropriate. No claims for refund/ chargeback shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
10.2 Refund for fraudulent/duplicate transaction(s): The User shall directly contact INCILO for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by INCILO alone in line with their policies and rules.
10.3 Any kind of abuse directed towards our staff in any medium or format will result in immediate suspension or termination of your services. Any kind of Spamming activity which is against the Cyber laws will also result in suspension of user's account.
10.4 Any reason for suspension and termination has to be discussed with the customer care of INCILO.
10.5 No legal action shall be initiated by the Website/Mobile Application user on grounds for refund or money recovery without initiating a discussion with INCILO.
10.6 Any legal action taken to tarnish the reputation and integrity of INCILO shall be treated as a misuse of law and shall be dealt with legal action under The Indian Penal Code.
11.1 We may periodically make changes to the contents of the Website/Mobile Application , including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Website/ Mobile Application.
11.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Website and shall take effect from the date of such posting.
11.3 The user is advised to review these terms and conditions periodically as they are binding upon you.
12. DISCLAIMER AND EXCLUSION OF LIABILITY:
12.1 INCILO agrees to protect all data provided by the User for the purpose of using the Website.
12.2 INCILO agrees to manage, store and delete all the data when necessary belonging to the User in light of the circumstances that are raised.
12.3 INCILO shall abide by the provisions laid down in the Information Technology Act to protect the data provided by the user for the purpose of using the application.
12.4 In light of a scenario where the State Government and the Central Government, or The Courts of appropriate Jurisdiction, or any other appropriate body, in the name of public welfare and cyber security request INCILO to provide the data so collected from users, then INCILO shall provide the data, but only under the provisions substantiated by the law.
12.5 INCILO shall take complete precaution and make effort to protect the data provided by the User. But in light of situations unfathomable or beyond the control of reasonability, if there is a data breach by the actions of a third party against public welfare, then INCILO reserves the right to stay indemnified by the User.
12.6 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Website/Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Website, warranties of merchantability, quality, and fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
12.7 INCILO do not warrant that the Website/Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
12.8 While INCILO may use reasonable efforts to include accurate and up-to-date information on the Website/Mobile Application. INCILO do not guarantee the accuracy, timeliness or completeness of the Website/Mobile Application .
12.9 INCILO shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Website/Mobile Application and the services offered in the Website, your access to, use of or inability to use the Website/Mobile Application or the services offered in the Website/Mobile Application , reliance on or downloading from the Website/Mobile Application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
12.10 INCILO shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Website/Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
12.11 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
12.12 Notwithstanding our efforts to ensure that our system is secure, the User acknowledges that all electronic data transfers are potentially susceptible to interception by others. INCILO cannot, and do not, warrant that data transfers pursuant to the Website/Mobile Application , or electronic mail transmitted to and from us, will not be monitored or read by others.
12.13 The User shall not ask the assigned driver/helper to break any government/traffic rules for fulfilling the delivery or to overload the vehicle above the allowed limit.
12.14 The User shall not indulge in damaging the vehicle/devices or misbehaving with the driver or INCILO representative.
13.1 If at any time the User breaches the terms and conditions of the service, INCILO may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from the User arising from the event(s) giving rise to the suspension, termination or cancellation.
13.2 INCILO reserve the right to suspend your service at any stage for any reason INCILO may deem necessary to continue to provide any of INCILO’s services in a way that may be hindered by the User’s status as being the client, the User’s financial status or the content of the messages originating from the User.
13.2 Upon any such termination, cancellation and/or suspension, the User is still responsible for any obligations than accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation.
13.3 Upon termination and/or cancellation, for any reason, the user agrees to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.
13.4 The User is free to terminate or cancel this agreement at any time, and for any reason. For such termination or cancellation to be effective however, the User shall inform us in writing through Email. You will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.
14. LEGAL ACTION and DISPUTE RESOLUTION:
14.1 Any dispute arising with respect to the usage, services or any other dispute arising from third party shall be referred to Arbitration.
14.2 The user agrees to not take any legal action in the courts of India in light of a scenario; the User has faced any issue.
14.3 The User shall intimate INCILO, and also initiate a discussion leading up to Arbitration if needed.
14.4 INCILO reserves the right to take legal countermeasures if the User chooses to take any legal action. The action so taken by INCILO will be on grounds of breach of contract and misuse of the law.
14.5 In light of an action caused by a Third party, the User agrees to not initiate any action or proceeding for the damage caused by a third party.
14.6 If INCILO suspects any misuse of the application by the User, then INCILO reserves the right to initiate a strict legal action against the User.
14.7 The User has to from time to time provide proof which is genuine in nature in any Dispute Resolution model.
14.8 The jurisdiction for any kind of legal action shall be the courts of Bhopal.
14.9 Any action taken without the consent of INCILO will be treated as a violation of this User Agreement and if it results in any damages sustained by INCILO, then the USER will be dealt with as per the provisions of the Indian Penal Code, Information technology Act, Intellectual Property Laws, Contract Act, etc.