Terms & Conditions
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:
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:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
is legally banned, not allowed, objectionable and prohibited such as drugs, arms & ammunition etc. Delivery Partners or Dakia will not pick up such items for delivery under any circumstances. Sender will be held responsible in the court of Law in such cases. If any Dakia or Delivery Partner attempts to pick up such items – he shall be solely responsible for this act & will be responsible in the court of law. ., Tracra Corplab Systems Private Limited will not be accountable at all.
harasses or advocates harassment of another person.
exploits people in a sexual or violent manner.
contains nudity, violence, pornography, sexually explicit material or offensive subject matter
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
solicits passwords or personal identifying information from other Subscribers
involves commercial activities and/or sales without prior written consent of Tracra Corplab Systems Private Limited , such as contests, sweepstakes, barter, advertising, and/or pyramid schemes
includes a photograph of another person that you have posted without that person's consent or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights
denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.
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:
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:
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:
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:
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
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.
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.
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.
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
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)
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.7. Non-Exclusive
We each acknowledge and agree that, unless otherwise stated in agreement, our relationship is non-exclusive.
9. Representations and Warranties; Disclaimer
10. Indemnification
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
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.
ADDENDUM II
TAX DETAILS OF THE MERCHANT
Details of Tax Registrations
Details of Registration | Registration Number |
---|---|
Permanent Account Number | |
Goods & Service Tax Registration |
2. Indirect Taxes to be levied on each Item enlisted on the Dakia App
Nature of Tax | Percentage Levy |
---|---|
Service Tax | |
Value Added Tax | |
Central Goods & Service Tax | |
State Goods & Service Tax | |
Integrated Goods & Service Tax |
3. Other Charges to be levied on each Item enlisted on the Dakia App
Nature of Charges | Percentage / Amount |
---|---|
Packaging Charges |
OTHER DETAILS
Name of Merchant Partner | |
Effective Date | |
Registered Address of the Merchant Partner | |
Service Address, Email, Telephone numbers, | |
User/Customer Complaint Redressal Number | |
Merchant Partner contact person | |
Service Fee | % of the Item Value. |
Mode of Payment Settlement | |
Bank Account details of the Merchant Partner |
2. Payment - Done
3. Restrictions
Dakia(s) 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.
ADDENDUM II - Done
TAX DETAILS OF THE MERCHANT - Done
Details of Tax Registrations
Details of Registration | Registration Number |
---|---|
Permanent Account Number | |
Goods & Service Tax Registration |
2. Indirect Taxes to be levied on each Item enlisted on the Dakia App
Nature of Tax | Percentage Levy |
---|---|
Service Tax | |
Value Added Tax | |
Central Goods & Service Tax | |
State Goods & Service Tax | |
Integrated Goods & Service Tax |
3. Other Charges to be levied on each Item enlisted on the Dakia App
Nature of Charges | Percentage / Amount |
---|---|
Packaging Charges |
OTHER DETAILS
Name of Merchant Partner | |
---|---|
Effective Date | |
Registered Address of the Merchant Partner | |
Service Address, Email, Telephone numbers, User/Customer Complaint Redressal Number | |
Merchant Partner contact person | |
Service Fee | % of the Item Value. |
Mode of Payment Settlement | |
Bank Account details of the Merchant Partner |
Merchant Outlet Offer(s) and Sampling: Terms & Conditions
Cancellations
As a general rule you shall not be entitled to cancel your order once you have received OTP for the same. If you cancel your order after OTP has been sent to you, Dakia shall have a right to charge you cancellation fee of a minimum INR 23/- per cancellation.