User Terms – End Users & Delivery Partners (Dakia)

Thank you for visiting our website, www.dakiaservices.com ("Website") or downloading our mobile application ("App"). While the Dakia partners finish your personal tasks, please spare the time to read the following terms and conditions. You can learn about our services from the Website and use our services through the mobile application or App (the Website and the App referred to herein as "Platforms").

For the purposes of these Terms of Use, the term 'Company' or 'Us' or 'We' refers to Tracra Corplab Systems Private Limited. The term 'You' refers to the user or visitor of the Website and/or App . The term ‘Dakia' or ‘Delivery Partner' refers to the person who is associated with the Company for the purpose of ‘Pick-Up' and Delivery of the item to the user. When You use our services, You will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.

Acceptance of Terms

These Terms of Use sets forth legally binding terms for Your use of our Platforms and services. By using the Platforms, End User and Dakia, both agree to be bound by these Terms of Use, whether You are a "Visitor" (which means that you simply browse our Platforms) or you are a "Subscriber" (which means you have registered with Dakia as a user). If End User & Dakia do not accept these terms, they should leave the Website and/or App and discontinue the use of the service immediately.

We may modify these Terms of Use from time to time, and such modification shall be effective upon its posting on our Platforms. End User and Dakia agree to be bound by any modification to these terms when both of You use the Platforms after any such modification is posted; it is therefore important that Both of You review these Terms regularly.

General Registration Requirements

2.1 In consideration of your use of our Platforms, End User and Dakia represent that they are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. End User and Dakia also agree to:

1. provide true, accurate, current and complete information about yourself while registering on our Platforms to avail the Services; and
2. maintain and promptly update Your registration data to keep it true, accurate, current and complete.

If End User and Dakia provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Platforms (or any portion thereof) at any time.

2.3 There is limited content available on our Platforms. All of such content is provided "AS IS" for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company. Tracra Corplab Systems Private Limited reserves all rights not expressly granted in and to the Website/App and the Content.

2.4 End User and Dakia may access our Platforms as available for information and for personal use.

2.5 End User and Dakia will be required to enter a valid phone number while registering on our Platforms as a subscriber or as a delivery partner. By registering phone number with us, End User and Dakia consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription/service updates. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below. If You are registered with the DND National registry, You may not receive any promotional messages from Us.

3. Subscriber Account and Security

If you register as End User or as a Delivery Parner(Dakia) with Dakia App, you may be required to complete a verification process as part of setting up Your account. Once set up, You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.

4. Services and Payment

Corplab Systems Private Limited services constitute a technology platform that connects End User to a third party (Dakia) Delivery Partner/ Merchant to schedule and complete your requirements and errands ("Services"). Dakia does not run your tasks or errands by itself nor does it actively supervise the completion of Your tasks.

4.2 When End User use the services of a Tracra Corplab Systems Private Limited/ Dakia Partner/ Merchant, End User will incur a charge. Tracra Corplab Systems Private Limited will facilitate your payment for the services and the service provider/delivery partner/ merchant fee through integrated payment platforms. To the extent that Dakia receives charges on behalf of the service provider/partner/ merchant, it acts as an associated member of the service provider/partner/ merchant and all payments made by You for services rendered are deemed to be payments made to the service provider/partner/ merchant. Payments are inclusive of taxes , parcel charges & convenience fees.

5. User Information

5.1 Our Services depends on the information End User provide to us. You are solely responsible for and in control of the Information You provide to us.

5.2 If You use the Website or the App, You agree that information about Your use of the Dakia Platforms through Your mobile telecommunication device may be communicated to us, and we may obtain information about Your mobile carrier, Your mobile device, or Your physical location. In addition, use of our Platforms through a mobile telecommunication device may cause data to be displayed on and through Your mobile device. By accessing our Platforms using a mobile telecommunication device, You represent that to the extent You import any of Your Dakia data to Your mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Dakia account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge that You are responsible for all charges and necessary permissions related to accessing our Platforms through Your mobile access provider. Therefore, You should check with Your provider to find out if our Platforms are available for Your specific mobile devices.

5.3 Tracra Corplab Systems Private Limited reserves the right to collect user data including name, contact information and other details to facilitate the Services or use of its Platform to avail Services. All information collected from You are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without the obligation of a prior notice to You.

5.4 Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by Tracra Corplab Systems Private Limited.

5.5 In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. Tracra Corplab Systems Private Limited reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information whatsoever.

5.6 We may disclose to third parties certain data related to You, without providing Your personal details such as name, residential and e-mail address, mobile number, unless: (1) You expressly permit us to do so, or any other person You may specifically designate to disclose such information or (2) We are required to disclose such information by any applicable law or legal process.

6. Prohibited Conduct

6.1 End User and Delivery Partner(Dakia) agree not to use the Platforms inappropriately, send/carry illegal & prohibited items, arms or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content" means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

7. Termination or Suspension of Account or Services

End User and Delivery Partner (Dakia) agree that Tracra Corplab Systems Private Limited may at any time and for any reason, terminate your access to our Platforms, or restrict or suspend your access to all or any part of the Website or the App at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service without prior notice or liability.

8. Preservation/Disclosure

End User and Delivery Partner (Dakia) acknowledge, consent and agree that ., Tracra Corplab Systems Private Limited may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

8.1 comply with legal process nationally or internationally

8.2 enforce these Terms

8.3 respond to your requests for service or complete your tasks

8.4 protect the rights, property or personal safety of Tracra Corplab Systems Private Limited , its subscribers and the public, or

8.5 pursuant to the terms of the Privacy Policy.

9. Security Components

You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Tracra Corplab Systems Private Limited and/or content providers who provide content to Tracra Corplab Systems Private Limited . You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.

10. Proprietary Rights

All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Tracra Corplab Systems Private Limited . You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without prior express written permission from Tracra Corplab Systems Private Limited . You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

11. Tracra Corplab Systems Private Limited and Links to Third Parties

Our Platforms 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, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their Websites. Tracra Corplab Systems Private Limited does not assume any responsibility or liability for the actions, product, and content of any such Third Party websites. Before End Users and Delivery Partners use any Third Party websites, they should review the applicable terms of use and policies for such Third Party websites. If they decide to access any such linked third party website, they do so at their own risk.

12. General Terms and Conditions

12.1 End Users and Delivery Partners agree and accept that the use of the Services provided by Tracra Corplab Systems Private Limited is at Your sole risk and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied.

12.2 End Users and Delivery Partners shall ensure that they will not indulge in any of the following activities while using the service asking the service provider to break any Police and/or government rules for any purpose (especially getting the service faster). The service provider has the right to refuse such a request by You.

12.3 End Users and Delivery Partners agree and acknowledge that the use of the Services offered by Company is at Your sole risk and that End Users and Delivery Partners isclaims 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.

12.4 Without prejudice to the above, End Users and Delivery Partners makes no representation or warranty that the Services will meet the customer's requirements. In all circumstances Company's liability is limited to the service fee paid by You for the transaction in question.

12.5 Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

12.6 Tracra Corplb Systems Private Limited shall be entitled at any time without giving any reason to terminate the request for services from You.

12.7 If You have any complaint in respect of the Services, You must inform Company for the same in writing within 24 hours of using the Services of Tracra Corplab Systems Private Limited.

12.8 Company shall not be liable for any conduct or behaviour or actions of third party service providers. However, we encourage you to notify it of any complaints that you may have against the service provider that you may have hired using our services.

12.9 Tracra Corplab Systems Private Limited will only run Your errands as per your instructions. In the interest of end user privacy, delivery partner does not check any bags or packages for any contents. End Users are solely responsible for the contents of the packages.

12.10 Scheduling and rescheduling a task depends on the availability of Dakia at the time of scheduling and at the time of running the task. Should end user choose to reschedule a task at a later point in time it will be considered as a new task.

12.11 If a delivery partner/ Dakia /merchant cannot fulfil any of end users tasks, it will be notified as soon as is reasonably possible.

12.12 Under no circumstances can we run any tasks which are immoral or unlawful in nature. Dakia reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unlawful/banned. Dakia may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.

12.13 To help the Dakia to serve end user better, please provide as much information as possible regarding the task.

12.14 The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when You use the mobile phone to request a service. The location based information will be used only to facilitate and improve service offerings to You.

12.15 In the event task requires the purchase of any product or service, such product or service is provided to you from a third party merchant. Any grievance with such product or service should be raised with such merchant. End Users understand and acknowledge that except for the Services, Dakia by itself does not sell or provide any such product or service. Dakia is not responsible for the quality, merchantability or fitness of such product or service.

13. Compliance with Applicable Law

13.1 Delivery Partners and End Users agree, not to use Dakia Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, Dakia Content:

1. in violation of any applicable law or regulation,
2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
3. that belongs to another person and to which the user does not have any right to,
4. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
5. harm minors in any way,
6. deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
7. impersonate another person or entity,
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company's computer systems or site or customer's computer systems or site,
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

14. Intellectual Property Rights

14.1 The Services provided by Tracra Corplab Systems Private Limited is premised on a proprietary software developed and made available exclusively by Tracra Corplab Systems Private Limited. Company is the sole owner of the Dakia App, Website and all software created to provide End Users, Deliver Partners & Merchants with the Services. Company provides all of you with a limited license to download, use and access the App/Website on Your mobile telephone devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. All content on the Dakia App or the Website, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content ("Content") are the exclusive and sole property of Tracra Corplab Systems Private Limited. Users may not copy, reproduce or use such Content without due attribution of ownership to Company. All icons and logos are trademarks of and proprietary to Tracra Corplab Systems Private Limited. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

14.2 All Content is the exclusive copyright of Tracra Corplabs Systems Private Limited or its licensors, except the Third Party Content and link to third party website. Systematic retrieval of Dakia App Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Tracra Corplab Systems Private Limited is prohibited. In addition, use of the Content for any purpose not expressly permitted by Compant in these Terms is prohibited and may invite legal action.

15. Acceptance of Terms

15.1 These Terms shall remain in full force and effect for so long as it is posted on any of our Platforms. You may terminate your use of the services at any time.

15.2 Company reserves the right to terminate Your account or Your access to the Platforms immediately, with or without notice to You, and without liability to You, if Company believes that You have breached any of these Terms, furnished Tracra Corplabs Systems Private Limited with false or misleading information, or interfered with use of the Platform by others.

16. Disclaimer of Warranties and liability

16.1 All the material and products on our Platforms, (including but not limited to software) and services, included on or otherwise made available to you through our Platforms are provided on "AS IS" and "AS AVAILABLE" basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Company does not warrant that the Website or App and services provided pursuant thereto will be constantly available, or available at all.

16.2 Tracra Corplab Systems Private Limited will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with its Platforms. Company does not warrant that the Website; information, Content, materials, product (including software) or services included on or otherwise made available to you through its Platforms; their servers; or electronic communication sent from us are free of viruses or other harmful components.

16.3 SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL TRACRA CORPLAB SYSTEMS PRIVATE LIMITED OR ITS EMPLOYEES OR ITS ASSOCIATED DELIVERY PARTNERS AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY TRACRA CORPLAB SYSTEMS PRIVATE LIMITED FROM END USERS AS SERVICE FEES FOR THE SERVICES RENDERED FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.

17. Cancellations and Refunds

17.1 We will proceed with the execution of Your task upon confirmation from You. Should You thereafter wish to cancel the task, You may incur a service fee if we have already commenced work.

17.2 Whilst we surely hope not, but We may need to cancel Your order in any of the circumstances below:

1. in the event of the designated address following outside the delivery zone offered by us;
2. if in our discretion the task involves the supply of goods/services that may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
3. Inability to proceed/complete the task due to lack of information, direction or authorization from You;
4. inability to complete the task due to reasons beyond Our control.

17.3 Refunds may be provided only when the task has been pre-paid. In any one of the following circumstances we may provide a refund:

1. Your order packaging has been tampered or damaged at the time of delivery;
2. Dakia cancelling Your order due to the area of delivery being outside the jurisdiction of the services offered by us or by third party vendors;
3. You cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

17.4 Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund shall be processed and credited to your account in accordance with the terms that may be stipulated by the partner payment merchant and/or associated bank.

18. Exclusions and Limitations

Those who access or use our Platforms from other jurisdictions do so at their own volition and are responsible for compliance with the local law.

19. Indemnity

You agree to defend, indemnify and hold harmless Dakia, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees and costs) arising from:

1. Your use of and access to our Platforms in a manner except as permitted herein;
2. Your violation of any of these Terms or any applicable law;
3. Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

This indemnification obligation will survive the termination of Your account or use of services and the App.

20. Additional Terms

We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Platforms. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.

21. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Platforms (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Platforms.

You may discontinue using the services at any time. You may also delete your account by writing to us at support@dakiservices.com. Deletion of your account will be effective once all outstanding credits to your account have been cleared. Please note, upon deletion of your account we may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.

22. Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Company without restriction.

23. Integration Clause

These Terms together with the Privacy Policy and any other legal notices published by Company on its Platforms, shall constitute the entire agreement between you and Tracra Corplab Systems Private Limited concerning its Platforms and governs Your use of our Platforms and Service, superseding any prior agreements between You and Company with respect to our Platforms and Service.

24. Waiver and Severability of Terms

The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

25. Governing Law and Venue

These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Lucknow.

26. Grievance Officer

In case of any grievance arising from the use of the Website or the App, please write to support@dakiaservices.com.

27. DAKIA CASH: Terms and Conditions

1. This document is an electronic record in terms of Information Technology Act, 2000 that requires publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Dakia marketplace platform (hereinafter referred to as "Dakia").
2. Your use of the Dakia and services and tools are governed by "Terms of Use" as applicable to Dakia including the applicable policies which are incorporated herein by way of reference. By mere use of the Dakia app , You shall be contracting with Tracra Corplab Systems Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Company.
3. In these Terms, references to "You", "User", "Your" shall mean the end user/shopper/customer accessing Dakia App . The term "We", "Us", "Our" shall mean Tracra Corplab Systems Private Limited .
4. Usage/redemption of Dakia Cash will be subject to the following terms and conditions:

   Dakia Cash can be used only for making a payment on the Dakia app. These cannot be taken as cash-back, or transferred to a bank account.

   Dakia Cash cannot be redeemed on restricted items.

   Dakia Cash cannot be combined or exchanged with any other promotion offer on the App, except when an outlet / merchant offers a discount communicated to the user on the platform.

   Dakia Cash cannot be redeemed on bike rides.

   Dakia Cash cannot be transferred from one Dakia account to another.

   Dakia Cash needs to be redeemed within 7 days from the day they become active, post which Dakia Cash will expire.

   Dakia reserves the right to change/modify these usage criteria. In that event, the user shall be notified.

   Any fraud or abuse concerning the usage of Dakia Cash is subject to strict administrative and / or legal action by us, including but not limited to reversal of Dakia Cash reward and/or termination of membership. A fraud encompasses:

   If a user is found signing up using multiple IDs or phone numbers.

   If a user is found making multiple accounts, redeeming Dakia Cash and then a majority of these orders are returned or cancelled or the payment for which is not completed.

   Any other attempt to take unfair advantage, as deemed by us, of the Dakia Cash Program.

5. Participation in the Dakia Cash Program may require you to submit personal information about you and the users you refer, such as name and email address. You agree to receive communications from us with regard to your participation in the Dakia Cash Program. Any information collected from you as part of the Dakia Cash Program shall be subject to Dakia's Privacy Policy.
6. We may terminate your eligibility for Dakia Cash or terminate your account, or the accounts of Dakia members you have referred, if you or they take any of the following actions:

   Open multiple accounts, including with different email addresses, for the same person in order to generate additional Dakia Cash rewards.

   Use false names, impersonate other people, or otherwise provide false or misleading information to us.

   Violate these terms or any other terms and conditions on Dakia.

   Participate in the Dakia Cash Program where doing so would be prohibited by any applicable law or regulations.

7. We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove or otherwise change the terms of this program, including but not limited to:

   Modifying the amount of the Dakia Cash rewards.

   Modifying the eligibility criteria for the user.

   Modifying when the Dakia Cash reward is given to the user.

   Modifying how you may use the Dakia Cash rewards earned through this program.

   Requiring minimum purchase amounts for redemption of Dakia Cash reward.

   Instituting a cap on the maximum amount of Dakia Cash which the user earns or spends.

   Discontinuing the Dakia Cash Program entirely.

8. We shall post an updated version of these terms on the Dakia App, and you shall be deemed to have accepted such changes by continuing to use the Dakia App or the Dakia Cash Program after the date such changes are posted.
9. This is a limited period offer and is subject to change, at the sole discretion of Company.
10. Dakia reserves the right to amend, modify, cancel, update or withdraw this Program at any time without notice. Upon such premature suspension, inconvenience, cessation, withdrawal, termination or closure by the Company, no person shall be entitled to claim loss of any kind whatsoever.
11. Customers agree to be bound by these "Terms and Conditions", the "Terms of Use", "Privacy Policy" and other relevant documentation that are available on Dakia Mobile App/website including any modifications, alterations or updates that we make.
12. All disputes arising out of the referral program shall be subject to the exclusive jurisdiction of the Courts in Lucknow, India.

Partner Terms

This Services Agreement ("Agreement") constitutes a legal agreement between an independent company in the business of providing transportation and logistics services ("Customer") and Tracra Corplab Systems Private Limited, a private limited company registered under the Companies Act, 2013, having its offices at B1/202, Nirala Nagar, India.

Tracra Corplab Systems Private Limited provides the Dakia Services (as defined below) for the purpose of transportation and logistics . The Services enables aa motor cyclist to pick-up and drop, facilitate other logistic services, including transportation services from an authorized user of Dakia's mobile application.

Customer and Delivery Partners acknowledge and agree that Dakia App is a technology services that does not provide transportation or logistics or delivery services. The Company Tracra Corplab Systems Private Limited has engaged motor cyclists (Delivery Partners/Dakia)to pick up and drop an item from an individual or from a merchant to deliver it to the end users. These motor cyclist are willingly associated with the company to execute last mile delivery. In order to use the Dakia App, Customer and Delivery Partners must agree to the terms and conditions that are set-forth below. Upon Customer's execution (electronic or otherwise) of this Agreement, Customer and Company & Delivery Partner shall be bound by the terms and conditions set-forth herein.

Definitions

1.4. "Delivery Partner" means a associate or an individual: (a) who meets the then-¬‐ current Company's requirements to be an active driver using the DakiaApp Services; (b) whom Company authorizes to access the Dakia App Services to provide Transportation and/or Logistics Services to pick up and drop an item from place A to place B; and (c) who has submitted required documents to Tracra Corplab Systems Private Limited.

1.5. "Delivery Partners Id" means the identification and password key assigned by Dakia to a Driver that enables a Driver to use and access the Dakia App.

1.7. "Dakia Partner App" means Dakia's mobile application that enables independent associate to access the Dakia App Services for the purpose of seeking, receiving and fulfilling on-¬‐demand requests for on-demand delivery services by Users, as may be updated or modified byCompany at its discretion from time to time.

1.8. "Dakia Data" means all data related to the access and use of the Dakia Services hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation and/or Logistics Services via the Dakia App and the Driver App, and the Driver ID.

1.10. "Dakia App" mean electronic services rendered via a digital technology platform, being on-¬‐demand intermediary and related services that enable an associate to seek, receive and fulfil on-¬‐demand requests for transportation and/ or logistics services by Users seeking such transportation and/ or logistics services; such Dakia App include access to the Driver App and Company related software, websites, payment services and these may be updated or modified by Company n from time to time.

1.18. "User" means an end user authorized by Tracra Corplab Systems Private Limited to use Dakia mobile application for the purpose of obtaining Transportation and/or Logistics Services.

2. Use of the Dakia Services

2.1. End User acknowledges and agrees that a delivery partner is an asscociate to Tracra Corplab Systems Private Limited and the Company is not liable for any fraud by the delivery boy or by the merchant. Customer acknowledges and agrees that it and each Driver are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws)

4. Financial Terms

4.1. Fare Calculation and Customer Payment. Company is entitled to charge a fare for each instance of completed Transportation Services provided to a User that are obtained via the Dakia App ("Fare"), where such Fare is calculated based upon a base fare amount plus distance (as determined by Dakia using location-¬‐based services enabled through the Device) and/or time amounts, for the applicable Territory ("Fare Calculation"). Company is also entitled to charge User for parcel charges and a convenience fees in addition to any Tolls, taxes or fees incurred during the provision of Transportation and/or Logistics Services, if applicable.

End User agrees that he will prompted by Dakia App to enter pickup and drop location of an item. He understands that Dakia Application will calculate distance between pickup and drop location, apply given logic to estimate delivery time and show approximate expenses for the transaction including parcel charges, convenience fees, distance charges, time charges & eligible taxes. By accepting this the end user accepts to pay the charges to Delivery Man in advance. End user will also be required to submit recipient details and contact number to facilitate Dakia.

End User is expected to ensure that the parcel is packed and there is no chance to any loss of the item from the parcel.

Pick Up and Drop Off Terms

1. As agreed by you (User) in the Terms of Use, Tracra Corplab Systems Private Limited enables a registered user of the Dakia App to connect with independent service providers ("Dakia Partner"), to fulfil tasks raised by such user. Such tasks could include, tasks to pick up and drop items from one location ("Pick-Up Location") and to drop to another location ("Drop Location") (such pick up and drop off tasks, "Pick-up/Drop-off Task(s)").
2. You understand and agree that the pick-up and drop service is provided to you by the Dakia Partner directly. Tracra Corplab Systems Private Limited merely acts as a technology platform to facilitate such tasks raised by you, and Tracra Corplab Systems Private Limited does not assume any responsibility or liability for any deficiency in the service on part of the Dakia Partner.
3. You agree that if the Dakia Partner picks up certain item(s) from a Pick-Up Location on Your behalf, the Dakia Partner does so on your sole instructions under the task raised by you. Tracra Corplab Systems Private Limited is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity.
4. You acknowledge and agree that the Pick-Up Location and the Drop Location have been voluntarily added by you on the Dakia App. You agree that your location data is collected in accordance with Privacy Policy.
5. You agree that you shall not request for a Pick-up/Drop-off Task on the Dakia App, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation.
6. You agree that before initiating a Pick-up/Drop-off Task on the Dakia Platform, you are well aware of these contents of the package sent or requested by you through registered Dakia Partners, and that such contents are legal and within limits of transportation under any applicable law. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers' cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances).
7. You also agree that you shall not request for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
8. You are also aware that the Dakia Partner may choose to not deliver item(s) for any reason whatsoever.
9. You also agree that, upon becoming aware of the commission any offence or your intention to commit any offence upon initiating or during a Pick-up/Drop-off Task of any item(s) stipulated under paragraph 6 of these PND Terms or otherwise restricted under applicable law, the Dakia Partner may report such information to the law enforcement authorities.

Merchant Terms

Merchant Partner Terms of use

The Merchant & Tracra Corplab Systems Private Limited agreement represents Merchants"s participation on the proprietary mobile platform currently made available by Tracra Corplab Systems Pvt Ltd or its affiliates, from time-to-time, and referred to as the "Dakia App". Upon signing by both parties, The Merchant & Tracra Corplab Systems Private Limited agreement , the terms of use will be binding and enforceable legal contract between the Merchant and Tracra Corplab Systems Private Limited as of the date set forth above ("Effective Date") The Terms with you are as follows:

Structure of Terms

Our Terms shall consist of this Agreement, addressing areas of collaboration agreed to by both of us. In connection, we will designate those actions, responsibilities and services to be respectively provided by each of us.

2. Intended Projects

We each agree to work in good faith with one another on certain collaborative projects, (as described below) or other projects as we mutually agree, in connection with the item(s), via the Dakia App.

3.

The suggested search term(s) or Merchant item(s) visible on the Dakia App is the general availability of Item(s) during the Merchant's normal business hours. The Merchant's customers (the "Buyers" and/or "Dakia App Users"/" User(s)") may select Item(s) from the displayed search term(s)/listing(s) on the Dakia App.

4. Delivery

Tracra Corplab Systems Private Limited will give access to Dakia Web Dashboard to The Merchant to mention available items on store along with the price list. The Merchant may also be allowed to upload photographs of the available items on mutually agreed terms & conditions, Merchant will also have the right to add/delete/edit item list & prices. For the sake of clarity Tracra Corplab Systems Private Limited provides a platform "DAKIA" for outlets like yours to connect with Delivery Partners for delivery services. "Delivery Partner" is defined as an independent person who intends to provide on demand delivery services using Dakia's proprietary technology platform under license from Tracra Corplab Systems Private Limited. For purposes of delivery of the Items, Tracra Corplab Systems Private Limited and the Delivery Partners shall operate (i) under cover of any approval, license or permission required to operate your business at the Merchant Outlet (ii) as a delivery channel only and not employee. For the sake of clarity, The Merchant , through the services provided by Delivery Partners, are responsible for the delivery of Items and you maintain possession, control and care of the Items at all times. You shall have marketable legal right and title to sell the products or render the services. You shall not offer any products or services which are illegal, unlawful, expired and in violation of applicable laws and policies. Tracra Corplab Systems Private Limited & delivery partners will not be liable for any damage or loss incurred by the Users in relation to the delivery of the Items and will follow reasonable guidance you provide regarding the delivery of the Items.

5. Availability of Item(s)

1. Item(s). The Merchants are fully responsible for quality, safety and delivery of the Items and shall adhere to all applicable laws and regulations in relation to the preparation, provision, packaging and delivery of the Items. You will determine any quality, portion, size, ingredient or other criteria (including those of laws and regulations) that apply to the Items ("Criteria") and you are solely responsible for ensuring that the Items meet such criteria when these are made available via the Dakia App. In the event of failing to provide Items that adhere to the Criteria (each, a "Substandard Item"), Tracra Corplab Systems Private Limited is under no obligation to make such Substandard Items available for sale via the Dakia App.
2. Taxes. You are responsible for determining and setting the retail price ("Retail Price") for each Item and duly updating Dakia Web Dashboard from time to time, including any Item discount(s)/discounts on offer from time to time. You shall be the "retailer" or "seller" of all Items for the purpose of any indirect tax (Goods & Services Tax) ("Indirect Tax") and the responsible party for collection and remittance of applicable Indirect Tax. For the sake of clarity, the Retail Price for each Item shall include Indirect Tax, as applicable. You undertake that all applicable taxes on item(s) & delivery would be deposited by you with the government treasury within stipulated timelines. Except as may be expressly agreed in this Terms, each party shall be responsible for its expenses and costs during its performance under this Terms.
3. Item Inventory. You maintain title to all Item inventory until each Item is delivered to a User. You are responsible for the costs of all Items. Whenever a User wishes to avail Items or Service as identified by the Dakia App, Dakia App will notify the Merchant Partner of the particulars of the order as is received from the User. Upon receipt of an order request from a User, the Merchant Partner shall keep ready the product or provide any service as required by the User. In the event the particulars are not sufficient for the Merchant Partner to process any order, the Merchant Partner must seek further information as required.
4. Notwithstanding these Terms, Tracra Corplab Systems Private Limited reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant Partner which includes, but is not limited to, the following instances:
   
   1. User/Buyer complaints received by Tracra Corplab Systems Private Limited which are directly or indirectly attributable to the quality of item(s) provided by the Merchant Partner either through poor ratings, as defined by Dakia App, through calls placed with delivery partners or through any other means;
   2. Sale of products, items and medicines requiring a prescription, without one to the User or the sale of products which are below the standard quality or prohibited from sale under any law;
   3. Breach of the provisions and the rules, including any other law applicable to the Merchant Partner;
   4. Breach of the representations and warranties of the Merchant Partner; or

   5. Any other material breach of the terms.

      Notwithstanding anything contained under this Terms, Tracra Corplab Systems Private Limited has the right to immediately delist any of the item(s) from the Platform, which is not in compliance with applicable law or the rules or regulations, made there under.
5. You are responsible for costs related to reimbursement to the Users in the event Users have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Merchant Partner, including but not limited to, User's expectations not being met or User dissatisfaction in relation to, inter alia, the quality of the Item(s), undelivered Item(s), discrepancy in the Item(s) delivered which is not in accordance with the Item placed and/or those Item(s) for which User requests for a replacement. ("Disputed Orders") Any such User(s) request a refund for any Item(s) (including, without limitation, any costs associated with retrieving any such Item(s), if applicable), for reasons that are considered by Tracra Corplab Systems Private Limited in its sole discretion as reasonable, for (i) request by the Users of refund or (ii) acceptance by the Delivery Partner of the request. Tracra Corplab Systems Private Limited may deduct refunds from the payment made to you under these Terms.
6. It is clarified that Dakia shall not be liable to make any payment for a Disputed Order.
7. In case of complaints from the User pertaining to item quality, or any other such issues, Tracra Corplab Systems Private Limited shall notify the same to Merchant Partner and shall also redirect the Buyer to the consumer call center of the Merchant. Merchant Partner shall alone be liable for redressing and bound to take action on the complaints by the User. Tracra Corplab Systems Private Limited has the right to share with the Merchant Partner, the relevant information including the Merchant details to enable satisfactory resolution of the complaint. Tracra Corplab Systems Private Limited shall in the interest of satisfactory resolution of the Complaint, share with the User, relevant information pertaining to the Order along with Merchant details.

7. Non-Exclusive

We each acknowledge and agree that, unless otherwise stated in agreement, our relationship is non-exclusive.

9. Representations and Warranties; Disclaimer

1. Each party hereby represents and warrants that: (a) it has full power and authority to enter into this Terms and perform its obligations hereunder; (b) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (c) it has not entered into, and during the Term (as defined below) will not enter into, any Terms that would prevent it from complying with or performing under this Terms (in your case, including without limitation, any exclusive Terms with any third parties for the availability of item via a technology platform); and (d) the content, media and other materials used or provided as part of this Terms shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.
2. The Merchant further represents and warrants that it will comply with all applicable laws and regulations in its performance of this arrangement.
3. The Merchant further represents and warrants that the details of the tax registrations provided by the Merchant and Indirect tax to be levied on each item to be made available for sale via the Dakia App is as per laws, forming integral part of this Terms. The Merchant further confirms and declares that the information provided in agreement and the copies of tax registrations, are true and correct, and assumes responsibility to intimate Tracra Corplab Systems Private Limited in case of any change in the provided information. The Merchant undertakes that all Indirect Tax applied on each Item and Delivery made available for sale via the Dakia App would be deposited with the Government Treasury within stipulated timelines.

10. Indemnification

1. Indemnified Claims. Each party (the "Indemnifying Party") will indemnify, defend and hold harmless the other party, its affiliates and their respective directors, officers, employees and agents (the "Indemnified Party") from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) (collectively, "Losses") with respect to any third party claim arising out of or related to: (a) the negligence or wilful misconduct of the Indemnifying Party and its employees or agents (in your case, excluding Tracra Corplab Systems Private Limited and Delivery Partners in their performance of this Terms; (b) any claims that the Indemnifying Party breached its representations and warranties in this Terms; (c) any claims that the Indemnifying Party's Marks infringe a third party's intellectual property rights, as long as such Marks have been used in the manner approved by the Indemnifying Party; or (d) any breach and/or non-compliance with applicable data protection laws. In addition, you will indemnify, defend and hold harmless the Tracra Corplab Systems Private Limited Indemnified Parties from and against any and all Losses with respect to any third-party claim arising out of or related to any harm resulting from your violation or alleged violation of any applicable retail or other health and safety code, rule or regulation, except to the extent such harm was directly caused by the gross negligence or wilful misconduct of Tracra Corplab Systems Private Limited or its employees, agents or Delivery Partners.
2. Procedure. Each Indemnified Party shall provide prompt notice to the Indemnifying Party of any potential claim subject to indemnification hereunder. The Indemnifying Party will assume the defence of the claim through counsel designated by it and reasonably acceptable to the Indemnified Party. The Indemnifying Party will not settle or compromise any claim, without written consent of the Indemnified Party, which will not be unreasonably withheld. The Indemnified Party will reasonably cooperate with the Indemnifying Party in the defence of a claim, at Indemnifying Party's expense.

11. Limits of Liability

For the purposes of this clause, "Liability" means liability in or for breach of contract, negligence, misrepresentation, tortuous claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term under this contract. Tracra Corplab Systems Private Limited does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, Tracra Corplab Systems Private Limited shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise. However, Tracra Corplab Systems Private Limited will use its best endeavors to ensure that the unintentional operational errors do not occur, Tracra Corplab Systems Private Limited cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, Tracra Corplab Systems Private Limited aggregate liability under this Agreement and respective Terms of Use shall not exceed the total value of a Disputed Order.

13. Term and Termination

Either Dakia or the Merchant Partner can terminate this contract providing 15 days' prior written notice to the other.

14. No Waiver

No failure or delay by any Party in exercising any right, power or remedy under these Terms of Use or provided by law shall operate as a waiver thereof or affect that right, power or remedy. No waiver by any Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

15. Relationship

The Parties agree that nothing in this Terms shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees.

16. Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with Services, which the Parties are unable to settle within 30 days, shall be referred to arbitration by a sole arbitrator appointed mutually by both Parties. The venue of the arbitration shall be Lucknow and the arbitration shall be conducted in English language. Subject to the foregoing, the courts at Lucknow shall have exclusive jurisdiction.

17. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms of Use which can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.

18. Notice

All notices under these Terms shall be sent by registered post acknowledgment due, contemporaneous courier or email to the address mentioned below:

Tracra Corplab Systems Private Limited, B1/202, Nirala Nagar, Lucknow 226020

19.

If the Merchant Partner notices any discrepancy in the weekly settlement, the Merchant Partner may raise a ticket by writing an email to support@Dakiaservices.com and the same will be mutually resolved by both parties.

20.

The failure of either party to enforce, at any time or for any period of time, the provisions hereof, or the failure of either party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party's right to enforce such provisions or exercise such option.

21.

Any modification or amendment to this Terms shall be effective only if in writing and signed or sealed with print name by both parties. In the event any provision of this Terms is determined to be invalid or unenforceable by ruling of an arbitrator or court of competent jurisdiction, the remainder of this Terms and each of the remaining terms and conditions contained herein) shall remain in full force and effect.

Addendum I

Special Terms

Reporting

Tracra Corplab Systems Private Limited will give you information regarding the number of Items picked up by Delivery Partners pursuant to the Terms. The Merchant Partner shall maintain such documents to record the proof of delivery of product or performance of service. Without prejudice to the generality of the aforesaid, Merchant shall routinely and at such time intervals provide such reports and in such formats as may be specified by the Company.

2. Payment

1. Parcel Fees & Convenience Fees : In consideration for Dakia's lead generation, demand prediction, payment processing and other related services provided via the Dakia App under the Terms, Tracra Corplab Systems Private Limited will charge you Parcel Fees & Convenience Fees This Service Fee is charged as consideration for expediting the Users' orders via the Dakia App.
2. Goods and services tax ("GST"). Collection by Tracra Corplab Systems Private Limited from Users on your would be in accordance with the applicable GST laws.
3. Item Revenue received by Tracra Corplab Systems Private Limited from the User on behalf of the Merchant Partner will be settled into the Merchant Partner's bank account. Settlement of transaction payments shall be within the time period as set forth by the guidelines of the Reserve Bank of India, where applicable. The Merchant Partner agrees to provide such documents and information necessary or as may be sought by a payment facilitator or bank to enlist the Merchant Partner as a payee of Tracra Corplab Systems Private Limited. The Merchant Partner agrees that for this purpose, information about and provided by the Merchant Partner will be shared with a payment facilitator or bank.

3. Restrictions

Delivery Partners are independent service providers, and as such, they reserve the right to refuse to accept any item for delivery in their sole discretion. Any item that you do not have permission or license to sell or deliver may not be sold to Users.