Hello Saarthi India Self Employed Private Limited
Terms and Conditions
The Effective Date shall be March 15, 2024 for whole of the Indian Territory.
India
1. CONTRACTUAL RELATIONSHIP
These Terms of Use govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services provided by the Resource to User”) made available by Hello Saarthi India Self Employed Private Limited (“Self Employed App”) a private limited liability company established in India , having its registered office at New Delhi Okhla Phase 3 and having a place of business at Jhansi(UP) along with office in other states with Corporate Identification Number ************ . PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES THROUGH OUR APP OR WEBSITE. Your access and use of the Services from the Resource using our Platform constitute your agreement to be bound by these Terms, which establishes a Tri-party contractual relationship between you (User), Resource and Self Employed. If you do not agree to these Terms, you may not access or use the Services offered by the Resource using the Self Employed. These Terms expressly supersede prior agreements or arrangements with you. Self Employed may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services offered by Resource or any portion thereof, at any time for any reason. Supplemental terms may apply to certain types of Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Self Employed may amend the Terms related to the Services from time to time. Amendments will be effective upon Self Employed’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services at Self Employed App after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in Self Employed’s Privacy Policy located at address Self Employed may provide to a claims processor any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include involving you and a Resource and such information or data is necessary to resolve the complaint, dispute or conflict.
2. THE SERVICES
The Services constitute (a) the technology platform that enables users of Self Employed’s mobile applications or websites (each, an “Application”) to arrange and schedule different Services with independent, Disparate Resource’s providing such services, under an agreement with Self Employed (ii) support services to the users of the Applications in relation to, among others, payment facilitation, service related details, resolving issues/queries/complaints/support tickets, arranging another Resource facility in case of cancellation from Resource side or such other and similar support services.
Unless otherwise agreed by Self Employed in a separate written agreement with you, the Services offered by Resource are made available solely for your personal and non-commercial use. YOU ACKNOWLEDGE THAT SELF EMPLOYED DOES NOT PROVIDE DIRECT SERVICES OR FUNCTION AS A SERVICE PROVIDER AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT DISPARATE RESOURCE WHO ARE NOT EMPLOYED BY SELF EMPLOYED OR ANY OF ITS AFFILIATES AND ARE JUST REGISTERED RESOURCE (SERVICE PROVIDER) UNDER THE ABOVEMENTIONED PLATFORM OF SELF EMPLOYED.
LICENSE.
Subject to your compliance with these Terms, Self Employed grants you a limited, non-exclusive, non- sub licensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non commercial use. Any rights not expressly granted herein are reserved by Self Employed.
RESTRICTIONS
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Self Employed; (iii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES.
You acknowledge that the Services may be made available by Disparate Resource under Self Employed App. You also acknowledge that the Services may be made available under such request or options by or in connection with your requirement or demand.
THIRD PARTY SERVICES AND CONTENT.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Self Employed does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Self Employed does not endorse such services and content and in no event shall Self Employed be responsible or liable for any products or services of such Resource (Service providers). Additionally, Apple Inc., Google, Inc., Microsoft Corporation or other Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
OWNERSHIP
The Services and all rights therein are and shall remain Self Employed’s property or the property of Self Employed’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Self Employed’s company names, logos, product and service names, trademarks or services marks.
3. YOUR USE OF THE SERVICES
USER ACCOUNTS
In order to use most aspects of the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Self Employed certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (a credit card, Debit Card, UPI or wallet). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up- to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Self Empoyed’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
USER REQUIREMENTS AND CONDUCT
The App is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from the Resource, unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no use for any unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Resource or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
TEXT MESSAGING
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt- out of receiving text (SMS) messages from Self Employed at any time by sending an email to support@hellosaarthi.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
USER PROVIDED CONTENT
Self Employed may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Self Employed through the Services textual, audio, and/or visual content and information, and feedback related to the Services, initiation of support requests, and submission of entries for Promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Self Employed, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Self Employed the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Self Employed’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Self Employed in its sole discretion, whether or not such material may be protected by law.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Self Employed does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. PAYMENT
You understand that use of this App beyond the Extent of your current city may result in charges to you for the accessing the services from Resource via Self Employed App. Before accessing the services beyond that extent, Self Employed App will facilitate your payment of the applicable Charges through abovementioned payment options. All Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Self Employed. You retain the right to request lower Charges from a Resource for services or goods received by you from such Resource at the time you receive such services or goods. All Charges are due immediately and payment will be facilitated by Self Employed using the preferred payment method designated in your Account, after which Self Employed will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Self Employed may use a secondary payment method in your Account, if available. As between you and Self Employed, Self Employed reserves the right to establish, remove and/or revise the Charges for any or all services or goods obtained through the use of the Services at any time in Self Employed’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Self Employed will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for services or goods from Resource at any time prior to such Resource arrival, in which case you may be charged a cancellation fee. This payment structure is intended to compensate the Resource and Self Employed for the services or goods provided. Self Employed does not designate any portion of your payment as a tip or gratuity to the Resource. Any representation by Self Employed (on Self Employed’s website, in the Application, to the effect that tipping is “voluntary,” “not required,”) You understand and agree that, while you are free to provide additional payment as a gratuity to any Resource who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Resource.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SELF EMPLOYED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SELF EMPLOYED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SELF EMPLOYED DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF RESOURCE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
SELF EMPLOYED SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SELF EMPLOYED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELF EMPLOYED SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY RESOURCE OR TEAM OF RESOURCE, EVEN IF SELF EMPLOYED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELF EMPLOYED SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SELF EMPLOYED’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT RESOURCE PROVIDING SERVICES REQUESTED THROUGH. BUT YOU AGREE THAT SELF EMPLOYED HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES, GOODS OR OTHER SERVICES PROVIDED TO YOU BY RESOURCE OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY
You agree to indemnify and hold Self Employed and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Self Employed’s use of your User Content; or (iv) your violation of the rights of any Third Party, including Resource.
6. GOVERNING LAW; ARBITRATION
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and in Hindi language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. OTHER PROVISIONS
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to Self Employed’s designated agent and officers. Please visit Uber’s web page at webpageaddress for the designated address and additional information.
NOTICE
Self Employed may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Self Employed by written communication to Self Employed's address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without Self Employed’s prior written approval. You give your approval to Self Employed for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Self Employed’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Self Employed or any Resource as a result of the contract between you and Resource or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
SELF EMPLOYED GUIDELINES FOR LAW ENFORCEMENT AUTHORITIES
The following guidelines are intended to inform law enforcement about the legal process for seeking records from Self Employed. These are merely guidelines, and this information may change at any time. For private party requests, including requests from civil litigants and criminal defendants, we recommend browsing Guidelines for Third Party Data Requests.
WHAT IS SELF EMPLOYED AND WHAT RECORDS DO WE HAVE?
Self Employed is a technology company that has developed an app that connects users (Service Seekers) with Resource who provide Services to the user. Self Employed is not a Service Provider, and does not employ any Resource (Service Provider). Users can use the Self Employed App to request Services via their smartphone, the web, or via SMS. Self Employed users can choose from a variety of Resource available in his or her location. After the Completion, both the Resource and user receive a copy of the Bill receipt. More information about our services is available here. We store and maintain information as described in our Privacy Statements and our Terms of Use.
WHAT TYPE OF LEGAL PROCESS DOES UBER REQUIRE BEFORE PRODUCING USER OR PARTNER INFORMATION?
For Law Enforcement we require valid and sufficient legal process before we can disclose business records regarding Resource, users, or Services. In most instances, we won’t be able to provide any information without a valid court order, or search warrant. We accept law enforcement requests via email to support@selfemployapp.com or via personal service through our corporate agent, National Registered Agents, may be required to compel disclosure of certain records. address: **SELFEMPLOYEDAPP ADDRESS&PIN**. Our acceptance of legal process does not waive any legal objections. Self Employed may have and may raise in response to the request.
WHAT FORM OF REQUESTS DOES SELF EMPLOYED REQUIRE, AND HOW ARE REQUESTS PROCESSED?
To respond to a request, we will need to receive the applicable process described above, as well as a valid return email address from an official government domain. We review each request for facial and substantive validity, and will reject requests that are not facially and substantively valid. Among other things, we require requests to be narrowly tailored to a legitimate law enforcement need and will reject overly broad, vague, or unduly burdensome requests. In order to make sure your Law Enforcement Request is valid and does not seek more information than necessary, we ask for the following: A sufficiently narrow/defined time period; A specific event or action that the subject took; A specific reference (i.e., you must uniquely identify a user or driver partner) We disclose data to law enforcement when we determine that we are required to do so by law. In those instances, we will search for and disclose data that we are reasonably able to locate and retrieve.
DOES SELF EMPLOYED NOTIFY INDIVIDUALS OF A LAW ENFORCEMENT REQUEST FOR INFORMATION RELATING TO THEM?
Yes, we may notify subjects before producing their information to law enforcement, unless we are prohibited by law from doing so, or in exceptional circumstances such as emergencies. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.
DOES SELF EMPLOYED PROVIDE A CERTIFICATE OF AUTHENTICATION OR EXPERT TESTIMONY?
provide in-person or expert witness testimony. Law enforcement officials with questions about these guidelines should email support@selfemployapp.com. Please note that we will not respond to non-law enforcement inquiries received at this email address.
Help keep Self Employed safe for the community by disclosing security issues to us
We take security seriously at Self Employed. If you are a security researcher or expert, and believe you’ve identified security-related issues with Self Employed’s website or apps, we would appreciate you disclosing it to us responsibly. Our team is committed to addressing all security issues in a responsible and timely manner, and ask the security community to give us the opportunity to do so before disclosing them publicly. Please submit a bug to us on our ***HackerOne page***, along with a detailed description of the issue and steps to reproduce it, if any. We trust the security community to make every effort to protect our user’s data and privacy. For a list of researchers who have helped us address security issues, please visit our ****HackerOne page***. Submit the bugs to us on our *****HackerOne page*******, along with a detailed description of the issue and steps to reproduce it.
Zero Tolerance Policy
Self Employed does not tolerate the use of alcohol or drugs neither by Resource nor User using the Self Employed app. If you believe your Resource or User (Whatever the case may be) may be under the influence of drugs or alcohol, please ask the Resource or User(Whatever the case may be) to END OR TERMINATE THE SERVICE IMMEDIATELY. Then exit the User premises in case of Resource or ask the Resource to leave in case of User and call our Customer Support Executive & please report any feedback directly in the app by tapping Help from the menu and selecting your issue. You can also get in contact by visiting help.*****.com or emailing support@selfemployapp.com.
Read Self Employed's Community Guidelines to learn more about how Self Employed enforces this policy.