MUVR TECHNOLOGY INDIA PVT LTD("MUVR"), primarily operates, controls and manages the Services (as defined below) provided by it from its corporate office at 29/2nd Floor, 4D Square Mall, Visat – Gandhinagar Road, Motera, Ahmedabad – 380005.
- ( a ) SERVICE PARTNER OR PROVIDER means the person or the firm which is registered with the MUVR and ready to provide their services for the mobilization or transportation of goods and accept the offer of the Customer.
- ( b ) CUSTOMER means the person or the firm which is registered with the MUVR and is desirous to mobilize the goods or desirous to higher the transportation services from the SERVICE PARTNER OR PROVIDER and is floating the inquiry for such purpose.
- ( c ) Driver means the person who is registered / Non registered with MUVR and drive the transportation vehicles.
- ( d ) REGISTERED USER/Smeans any person/firm who has registered with the APP of the MUVR it includes the SERVICE PARTNER, CUSTOMER and Driver also.
1. Acceptance of Terms
These application (hereinafter referred to as MUVR Customer app “MC”, MUVR Partner “MP” and MUVR Driver “MD” is owned and operated by MUVR Technology India Pvt. Ltd. Technology PVT Ltd is a Goods Transport Agency (Hereinafter referred to as “GTA”) engaged in the business of connecting the customers (buyer of trucking services) with transport firms /fleet owners / Agents/ (Providing trucking services, hereinafter referred as Service Partner) to serve their transportation/logistics needs. Driver is person who engaged with service partner to extend his services.
YOU SPECIFICALLY AGREE THAT BY USING THE APP, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
2. Registration and Accessibility
A. ACCESS to Application
B. REGISTRATION ELIGIBILITY CRITERIA
Use of the APP is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the APP and Services offered through this APP do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with MUVR to simply visit and view the APP, but to access and participate in certain features of the APP, you will need to create Account by submitting relevant documents. To protect un authorized use of from your account is your responsibilities. You will also have the ability to provide additional optional information, which is required to register for an account but may be helpful to MUVR in providing you with a more customized experience when using the APP. You may also register for an Account using your existing “third party account” and log-in using same credentials.
You are solely responsible for safeguarding your MUVR Account. In future MUVR may allow password/pin to protect your account. You are responsible to keep your Passwords/Pins secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify MUVR immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without MUVR’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the APP and/or the Services offered through the APP.
You hereby expressly acknowledge and agree that you yourself and not MUVR will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of MUVR or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
- You will not copy or distribute any part of the APP in any medium without MUVR's prior written authorization.
- You will not alter or modify any part of the APP other than as may be reasonably necessary to use the APP for its intended purpose.
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
B. ADDITIONAL POLICIES
C. Member Conduct
1. PROHIBITIONS ON SENDING MESSAGES
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- unsolicited advertising or marketing of a service not offered on the APP or an external APP.
2. NO DISCRIMINATION
1. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. MUVR will not knowingly accept any Posting which is in violation of the law. MUVR has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
2. PROHIBITIONS WITH RESPECT TO SERVICES
While using the APP, you shall not:
- Post content or items in any inappropriate category or areas on the APP.
- fail to deliver payment for Services purchased by you, unless the Service Providers materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Provider’s identity
- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, der you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings
- circumvent or manipulate our fee structure, the billing process, or fees owed to MUVR; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any APP user)
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the APP or using it for purposes unrelated to the APP)
As a participant in the APP, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Provider or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Provider or a Service User from leaving Feedback.
1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, MUVR, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
2. Reporting Inappropriate Use of Feedback. You may contact MUVR regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org.
3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the APP concerning Feedback, MUVR shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE APP CONCERNING FEEDBACK, MUVR HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. MUVR reserves the right to (a) terminate your access to your Account, your ability to post to this APP (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that MUVR determines is inappropriate or disruptive to this APP or to any other user of this APP and/or Services. MUVR reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that MUVR deems appropriate in MUVR's sole discretion. MUVR may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MUVR's discretion, MUVR will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this APP or on the Internet. MUVR does not and cannot review every Posting posted to the APP. These prohibitions do not require MUVR to monitor, policy for remove any Postings or other information submitted by you or any other user.
D. Rules for Service Providers
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT MUVR FEES
In case we realize that any provider is involved in any of the above activities, MUVR holds the sole discretion to blacklist the service provider and withhold any outstanding credits or payments to the provider
3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL APP USERS
4. CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION
It is further clarified that your registration on the APP shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
5. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROVIDERS
If a Service Provider violates any of the above-referenced rules in connection with his or her Posting, MUVR, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Provider’s Account privileges; (c) suspend the Service Provider’s Account; (d) cause the Service Provider to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Provider's status earned via the Feedback page.
E. Rules for Service Users/Consignor/Customer
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Provider's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by MUVR in connection with the use or purchase of any Service.
2. Payment of Detention Charges:
The consignor/customer or service user is supposed to make the delivery OR load the delivery in the vehicle, in reasonable time opted and accepted by the Service Provider; in case of any unusual delay in providing the goods for consignment purpose, the service provider may opt for cancellation of the contract and/or may claim the detention charges from the customer, which the customer is bound to pay.
3. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, MUVR, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
F. Use of Submitted Content
1. NO CONFIDENTIALITY
The APP may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, MUVR does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the APP is provided on a non-proprietary and non confidential basis. You agree that MUVR shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a Provider who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to MUVR.
MUVR may also disclose user information including personal information if MUVR reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate MUVR’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO MUVR
You acknowledge and understand that the technical processing and transmission of the APP, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the APP at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4. MUVR'S DISCLAIMERS AND RIGHT TO REMOVE
2. You acknowledge and understand that when using the APP, you will be exposed to Submitted Content from a variety of sources, and that MUVR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MUVR with respect thereto, and agree to indemnify and hold MUVR, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the APP.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the APP, or transmit to other APP users. You understand and agree that MUVR may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of APP users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to MUVR, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the APP, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and MUVR is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that MUVR is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
J. Copyright Infringement Take Down Procedure
MUVR has high regard for intellectual property and expects the same level of standard to be employed by its users. MUVR may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the APP of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the APP in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the APP, and information reasonably sufficient to permit MUVR to locate the material.
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law.
(iv) information reasonably sufficient to permit MUVR to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed.
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice.
K. Modifications to or Termination of APP
1. MODIFICATION OR CESSATION OF APP
MUVR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the APP (or any part thereof) with or without notice and in its sole discretion. You agree that MUVR shall not be liable to you or to any third party for any modification, suspension or discontinuance of MUVR services.
2. TERMINATION BY MUVR
3. TERMINATION BY YOU
4. EFFECT OF TERMINATION
Unless MUVR has previously cancelled or terminated your use of the APP (in which case subsequent notice by MUVR shall not be required), if you provided a valid email address during registration, MUVR will notify you via email of any such termination or cancellation, which shall be effective immediately upon MUVR's delivery of such notice.
It is stated that, upon termination of your account/registration the obligation for the services used by you through the platform shall remain your liability till you make such payment for the services utilized by you, your obligation towards the service partner or the fees, commission, or any other payment of MUVR.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of MUVR Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that MUVR shall not be liable to you or any third party for any termination of your access to the APP. Upon Termination of Service, MUVR retains the right to use any data collected from your use of the APP for internal analysis and archival purposes, and all related licenses you have granted MUVR hereunder shall remain in effect for the foregoing purpose. In no event is MUVR obligated to return any Submitted Content to you. Sections K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the APP or your Account.
You agree to indemnify and hold MUVR, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
L. Intellectual Property Rights
1. MUVR OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE APP
The content on the APP (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by MUVR. Other trademarks, names and logos on this APP are the property of their respective owners.
Data on the APP is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MUVR reserves all rights not expressly granted in and to the APP and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the APP for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the APP or features that prevent or restrict use or copying of any Data or enforce limitations on use of the APP or the Data therein.
2. MUVR'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The APP may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
M. MUVR Fees
1. FEES INCURRED BY SERVICE PROVIDERS
Joining MUVR, and viewing posted Services is free, however, the opening of an Account with the MUVR you are required to deposit required fees prescribed from time to time and suggested on APP. MUVR reserves the right at its sole discretion to charge fees to Service Providers for other services that MUVR may provide in the future. The MUVR shall charge the requisite fees, which thought it fit for posting Services by the SERVICE PARTNERS.
MUVR may also in certain categories require Service Providers to make payments for following up on job leads i.e. requests posted by Service Users, and permitting the Service Provider to contact the Service User (“Lead Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. In order to be eligible to make such Lead Fee payment, Service Providers shall be required to make advance payments (“Credits”) from which the Lead Fee may be deducted as and when necessary. Whenever the Credits fall below the prescribed threshold, the Service Provider shall be prompted to refill the Credits in order to continue enjoying the ability to follow up on leads and contacting Service Users.
The service Provider is entitled to refund of credits that is credited back in their wallet in the following conditions:
1.Refunds are processed when customer cancels request.
2.Refunds are processed if the customer has not viewed quote and not cancelled request 4 days after your response.
In the event, (i) the job lead is identified to be non-genuine, or (ii) the Service User within 48 hours of posting a request on the APP withdraws the same by way of the APP or the mobile APP only, or (iii) the Service Provider pays the Lead Fee to respond to the Service User’s request for service but the Service User does not open or access the Service Provider’s response, the Lead Fee shall be reimbursed to the Service Provider. The decision of MUVR pertaining to the above shall be final and binding.
MUVR offers premium services to Service Providers for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Providers can also choose to purchase. MUVR reserves the right to charge fees for these services at its sole discretion.
2. FEES INCURRED BY SERVICE USERS
Joining MUVR, opening an Account by the Customer/Consignor, viewing posted Services, and bidding on posted Services is free. MUVR currently does not charge Service Users for transactions completed on the APP between Service Users and Services Providers. However, MUVR reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion.
3. PAYMENT BY CUSTOMER/SERVICE USERS TO SERVICE PARTNER/SERVICE PROVIDER:
MUVR offer different payment mode and registered user has to follow the same based on customer and service partner confirmation. Any delay for payment lead to holding of material in vehicle their own responsibility. All the banking transaction are chargeable and to be charged to registered users.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that MUVR shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Provider.
5. REFUND POLICY
All commissions payable to MUVR by Service Providers on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.
All monies paid by Service Providers in form of “Credits” are non-interest bearing. Unutilized and unclaimed "Credits" for a period of more than 364 days from the date of purchase of "Credits" shall expire and stand forfeited. No refunds of credits will be processed after the expiry date.
N. Negotiation of Terms of Service; Disputes Between Registered Users
1. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, MUVR provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.
You should not rely on the any information or resources contained on the APP, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any Provider, financial, legal or other advice or counsel. MUVR makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the APPs, including, without limitation, the Negotiation Worksheet. In no way will MUVR be responsible for any actions taken or not taken based on the information or resources provided on this APP. If you have a situation that requires Provider advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining Provider advice from a qualified specialist because of information or resources that are provided on this APP, however provided.
2. MUVR IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that MUVR is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the APP. Each Registered User acknowledges, agrees and understands that MUVR only seeks to provide a platform wherein the Service User and Service Provider can be brought together and MUVR itself has not role in the execution or provision of Services.
3. NO AGENCY OR PARTNERSHIP
4. DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Registered participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the APP, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such service partner (individual or organization) or vice versa. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service Providers and Service Users.
You understand that deciding whether to use the Services of a Service Provider or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that MUVR does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the APP and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While MUVR may attempt to seek information about the background of a Service Provider, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalized APP, LinkedIn, Twitter etc., you understand that Service Providers may register themselves suo moto. You also understand that any so called background check undertaken by MUVR is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that MUVR only seeks to provide a platform wherein Service Users and Service Providers have an opportunity to meet each other.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE MUVR only seeks to provide a platform wherein the Service User and Service Provider can be brought together and MUVR itself has not role in the execution or provision of Services ITSELF, MUVR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE APP, OR BETWEEN REGISTERED USERS OR ANY APP USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT MUVR IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE APP USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE MUVR, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE APP OR ANY SERVICE PROVIDED THEREUNDER.
O. Dispute Resolution
1. GOVERNING LAW
The ARBITRATOR facility is provided by the MUVR on the request and the dispute shall be dealt by the Arbitrator according to the provisions of The Indian Arbitration Act, 1996.
P. INSURANCE OF THE GOODS IN TRANSPORT
Customer / clients are responsible to protect their goods by appropriate transit insurance. Service partner are responsible to protect their vehicle, driver and third-party damage by opting appropriate insurance coverage.
In no event shall muvr, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service providers, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any.
Aspects of the APP and other MUVR services may be supported by advertising revenue. As such, MUVR may display advertisements and promotions on the service. The manner, mode and extent of advertising by MUVR on the APP are subject to change and the appearance of advertisements on the APP does not necessarily imply endorsement by MUVR of any advertised products or services. You agree that MUVR shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the APP.
R. Third-party Links, Contact Forms and Phone Numbers
S. Disclaimer of Warranties
You agree that your use of the app shall be at your own risk. To the fullest extent permitted by law, and muvr and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service providers, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this app, the services offered on or through this app, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this app, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this app, the services offered on or through this app, data, materials, submitted content, and any information or material contained or presented on this app is provided to you on an "as is," "as available" and "whereis" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Muvr does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the app or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the app by any third party, any interruption or cessation of transmission to or from the app, any defamatory, offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the app or submitted content posted, emailed, transmitted, or otherwise made available via the app. Muvr does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the app or any hyperlinked site or featured in any banner or other advertisement. Muvr will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
T. Limitations of Liability
1. In no event shall muvr, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service providers, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the app or any services offered by any service providers via the app, including services provided pursuant to an agreement formed independently of the app, whether or not an agreement for service formed via the app is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the app or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the app by any third party; (v) any interruption or cessation of transmission to or from the app; (vi) any errors or omissions in any data, content, information, materials or substance of the app or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the app; (viii) any defamatory, offensive, or illegal conduct of any third party or service user or service provider; or (ix) any use of any data, marks, content, information, materials or substance of the app or submitted content posted, emailed, transmitted, or otherwise made available on or through the app, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not muvr is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
2. In no event shall the total, aggregate liability of muvr, in the case of dispute, arising from or relating to the app, and/or submitted content exceed the total amount of fees actually paid to muvr for it’s platform charges/commission for utilization of services.
You hereby acknowledge and agree that muvr shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that muvr shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between app users entered into independently of the app.
3. FORCE MAJEURE
U. Indemnification and Release
If you have a dispute with one or more app users, you forever release muvr (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service providers, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the app and/or any submitted content.
V. No Third-party Beneficiaries
X. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the APP must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS