This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- User’s use of the website https://matter.in (“the Website”, which expression shall include any successor or replacement website) or of the mobile application or similar applications provided on other electronic devices by the Company under the brand name “Matter” (“App”) is governed by the following terms and conditions (“User Agreement”). By using the Website and/or the App (hereinafter the Website and the App shall be collectively referred to as “Platform”), the User signifies his/her agreement to be bound by this User Agreement. This User Agreement shall come into effect upon each visit of the Platform or upon the User’s registration or upon the User providing any information on the Platform. In this User Agreement, the User is contracting with the Company.
- This User Agreement applies to any natural or legal person who has agreed to become a member of the Platform by providing the information required while registering on the Platform as a registered user or by creating an account on the Platform (“Registered User”) or who uses the Platform without becoming a Registered User (“Visitor”). A Registered User has allocated himself/ herself a unique identification user name to become a Registered User. For the purpose of this User Agreement, ‘“User” shall mean a Registered User or a Visitor, as the context may require.
- The Website can be viewed anywhere in the world but the Platform is intended for use only in India. The products and services provided on the Platform are not available in all geographic areas. The Company’s vehicles described in the Platform relate only to Indian specifications.
- Some services offered through the Platform may be subject to additional terms and conditions adopted by the Company (for instance if the User intends to pre-book/ book any of our vehicles, our policy at https://matter.in/online-prebooking-terms shall also be applicable to the User). User’s use of those services is subject to those additional terms and conditions.
AMENDMENTS TO THE USER AGREEMENT
DISCLAIMERS AND NO WARRANTIES
The following disclaimers by the Company are the key to determine any relationship between the Users and the Company for their use of the Platform and the Company, its affiliates, its directors, employees, agents, consultants, business partners, representatives make no representations or warranties with respect to the following:
- The Company provides the Platform on “as is” basis and without any warranty or conditions, express, implied or statutory and specifically disclaim any implied warranties of title, suitability for a particular purpose and non-infringement to the fullest extent permitted by law. Users expressly agree that their use of the Platform is at their risk and that they are using prudent judgement before availing any services through the Platform.
- The Company may suspend, withdraw, discontinue or change all or any part of the Platform without notice. The Company shall not be liable if for any reason the Platform or its content is unavailable at any time and/or for any period.
- The information contained on the Platform is for general informational purposes only. While we endeavour to keep the information on the Platform up-to-date and correct, the Company, its affiliates, its directors, employees, agents, consultants, business partners and/or representatives make no representations or warranties about the accuracy, reliability, completeness, suitability, availability and/or timeliness with respect to any content, information, visual representations, product, software, text, related graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Any reliance placed on such information provided on the Platform is therefore strictly at the User’s own risk.
- The Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from User’s access to and use of the Platform, (iii) any unauthorized access to or use of its servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Platform, and/or (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party.
- The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked website or featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between the User and third-party providers of products or services.
ELECTRONIC COMMUNICATIONS AND SERVICE OF NOTICE
- When the User uses the Platform or provide information or communication to the Company, the Users agree and understand that they are communicating with the Platform and the Company through electronic record which are legally identifiable and enforceable, and they consent to receive communications via electronic record from the Company, communicated or required.
- The mobile number/registration data/ email ID/User’s account details of the third party website through which the User registers with the Platform (if permitted by the Platform) will be construed as their ‘designated electronic address’ and the Company, the third parties and law enforcement agencies will communicate with the User on their designated electronic address which will be deemed adequate service of notice/ electronic record.
- By impliedly or expressly accepting this User Agreement, the User as a user, also accept and agree to be bound by various policies of the Company as provided from time to time in various hyperlinks on the Platform.
Use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872 and/or any other applicable law for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other law applicable to them for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Platform. If a User is a minor i.e., under the age of 18 years (or such other eligible age as applicable to User’s jurisdiction), he/she shall not register as a member/user of the Platform and may ask his/her parent or guardian to do so on his/her behalf. The Company reserves the right to terminate the User’s membership and refuse to provide the User with access to the Platform if it is brought to the Company’s notice or if it is discovered that the User is under the age of 18 years (or such other eligible age as applicable to User’s jurisdiction) or is otherwise “incompetent to contract”. If a User is registering as or on behalf of a business entity, the User represents that he/she is duly authorized by the business entity to accept this User Agreement and the User has the authority to bind that business entity to this User Agreement.
LIMITATION OF LIABILITY
- Any service provided through the Platform are provided without any implicit or explicit warranty. The Company cannot be held responsible for any harm coming from the inability to access or use the Platform, or the loss of any content uploaded by the User. It is the User’s responsibility to keep a copy of the content uploaded on the Platform if the same is needed by the User.
- The Company, its affiliates, its directors, employees, agents, consultants, business partners, representatives disclaim all warranties, express or implied, in connection with the Platform and User’s use thereof, to the fullest extent permitted by law.
- In no event shall the Company, its affiliates, its business partners, officers, directors, employees, representatives or agents, be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from any aspect of User’s use of the Platform, including without limitation whether the damages arise from use or misuse of the Platform, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Platform or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or any links on the Website. These limitations shall apply to the fullest extent permitted by law. The User specifically acknowledges and agrees that the Company shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with the User.
ACCOUNT AND REGISTRATION OBLIGATIONS
If the User wishes to update any of the information provided by the User, the User may do so by writing to us at email@example.com.
If the User wishes to delete their account on our Platform, the User can do so by writing to us at firstname.lastname@example.org.
USE OF THE PLATFORM
- The User understands and agrees that the Company and the Platform merely provides information and may also provide certain services to its Registered Users and persons browsing / visiting the Platform. The Platform also contains various third-party generated content and material. The Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission.
- The User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding User’s use of our Platform that is applicable to the User.
- The User shall not use the Platform for any of the following purposes:
- Gaining unauthorised access to other computer systems;
- Breaching any applicable laws;
- interfering or disrupting networks or website;
- reproducing, republishing, adapting, creating a derivative work, copying, duplicating, selling, reselling or in any way using for commercial purposes, any part of the Platform;
- commercial purposes;
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the Company; and/or
- impersonating another person and / or employing misleading email addresses, or forged headers or otherwise manipulating identifiers in order to disguise the origin of the content transmitted through the Platform.
- The User shall not use the Platform to disseminate, upload, post, message, display, publish, transmit or share any information or material that:
- is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy or other rights, hateful, or racially/ ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- belongs to another person and to which the User does not have any right;
- infringes any patents, trade secrets, copyright or other proprietary rights;
- disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Platform, or that otherwise negatively affects other users’ ability to use the Platform; and/or
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement of the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The Company upon receiving the information either on its own knowledge or on the information provided by the affected person about the breach/contravention of the abovementioned information, shall undertake the necessary actions and where applicable disable such information.
The comments submitted on the public sections/forum may be recorded and stored in multiple places, both on the Platform, and elsewhere on the internet.
PROPRIETARY RIGHTS AND PLATFORM ACCESS LICENSE
- The User acknowledges and agrees that all software utilized in connection with the Platform are protected by intellectual property laws. The Company grants the User a very limited, non- exclusive, non-transferable and personal, royalty-free license to access the Platform. The User shall not copy, download, modify, create derivative works and shall not reverse engineer, de- compile or disassemble the software in any shape or form, or any content/commercials of the Platform, and in any way try to discover the source codes of the software, sell, sub-license, distribute, publish, or transfer to third parties any right on the software or any part thereof.
- Unless otherwise indicated, the Platform and all materials, including images, designs, video clips, contents, articles, blogs, etc. that are part of the Platform are intellectual properties owned, controlled or licensed by/to the Company and are protected by intellectual property laws. The User is not permitted to use the same. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns or has been licensed as the case may be, all intellectual property rights to and in the trademark “Matter” and the Platform including without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. All the intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest solely and exclusively in the Company and/or its affiliate, as the case may be, as the owner of such domain name. The User hereby agrees and confirms that nothing contained herein shall be construed as conferring or transferring to the User any license or right, by implications, estoppels or otherwise, to any intellectual property rights mentioned hereinabove. The User shall not use, reproduce or distribute any content from the Platform belonging to the Company and/or its affiliates, as the case may be.
- The Company makes the best possible efforts to ensure that Users can get uninterrupted and error-free access to the Platform. However, the access of Users may be temporarily suspended or restricted owing to the repairs, maintenance, modification, addition, deletion or such other necessary changes in the Platform without prior notice.
- The User may post reviews, comments, feedback, submit suggestions, ideas, or such other information, as long as the content of such information is not fraudulent, illegal, abusive, obscene, defamatory, objectionable to the Company, any third party, or public in general and does not contain any information that acts as an infringement to any laws or rules for the time being in force. Non-compliance with this clause may result in termination of the Services provided to the User.
CLAIMS OF INFRINGEMENT/ CLAIMS AGAINST OBJECTIONABLE CONTENT
If the User believes that any content on the Platform infringes upon User’s intellectual property rights or is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy or other rights, hateful, or racially/ ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever or which consists of or contains software viruses (“Objectionable Content”), please notify us immediately by sending an email at email@example.com. The subject line of the User’s email should state “Claim against Objectionable Content” or “Claim of Infringement”. Alternatively, the User may write to us on the following postal address:
Attn: Mr. Rajeshwar Prasad
301, Parishram Building,
5B Rashmi Society, Nr. Mithakhali Six Roads,
Navrangpura, Ahmedabad – 380009
Once the complaint has been received from the User, the Company will make all reasonable endeavours to undertake the necessary actions including removal of such Objectionable Content complained about within a reasonable time. Any action taken by us is without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. By submitting a complaint as mentioned above, the User grants to the Company the right to use, reproduce, modify, publish, translate, adapt, create derivative works from the same, throughout the world in any media. This includes forwarding the complaint to the parties involved in the provision of the Objectionable Content. The User agrees to indemnify the Company for all claims brought by a third party against the Company arising out of or in connection with the submission of a complaint. The User may note that giving false, inaccurate or misleading information under this Section may result in civil and/or criminal liability. Users should seek legal advice at their end in case they have any doubts or if they have any questions.
LINKS TO THIRD PARTY WEBSITES
ONLINE PRE-BOOKING T&C
If the User is a Registered User who has availed the service of pre-booking a vehicle on the Platform, such pre-booking shall be governed by the Online Pre-Booking T&C https://matter.in/online-prebooking-terms, which are in addition to this User Agreement. In the event of a conflict, the terms and conditions provided in the Online Pre-booking T&C shall prevail over this User Agreement.
The Company reserves the right, in its sole discretion, to terminate or limit User’s access to any or all parts of the Platform or any content thereof, and the related services or any portion thereof at any time, without notice, and the Company shall not be liable to the User for the same in any manner whatsoever.
NON-WAIVER AND FORCE MAJEURE
The Company reserves all rights permissible under this User Agreement as well as under the provisions of any applicable law. The non-enforcement of any particular provision or provisions of this User Agreement or any applicable law should not be construed as the Company’s waiver of its right to enforce that same provision under the same or different circumstances at any time in the future. Further, the Company is not responsible for any disruption in service or any circumstances arising as a result of events beyond our control including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, viruses/bugs, or any other similar events.
- None of the provisions of the User Agreements shall be deemed to constitute a partnership or agency between the User and the Company and the User shall have no authority to bind the Company in any manner whatsoever nor shall the Company have any authority to bind the User in any manner whatsoever. All the services provided by the Company shall be as independent contractor and on principal to principal basis.
- If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement.
- This User Agreement sets forth the entire understanding and agreement between the User and the Company with respect to the subject matter hereof.
- In the Company’s sole discretion, the Company may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without User’s prior express consent. However, the Company on reasonable efforts basis and if practicable may provide the User with an advance intimation of any such acts.
The User agrees to indemnify and hold harmless the Company, its subsidiaries, affiliates, representatives, officers, directors, agents, employees, channel partners and suppliers, from any direct or indirect losses, claim, demand, action, or damage, including reasonable attorney's fees, arising out of or related to User’s use of or in connection to the Platform including: (i) his/her breach of the terms of this Agreement; (ii) any claims made by any third party due to, or arising out of, or in connection with, his/her use or misuse of the Platform; (iii) anything the Users may post such as any information, content, user information, personal or sensitive data or any sort of query, response, information, etc. on the Platform; (iv) his/her violation of any rights of another, including any intellectual property rights; (v) any fraud, negligence or misconduct by the User; (vi) violation of any applicable laws, regulations including but not limited to that of intellectual property rights, payment of statutory dues and taxes etc.
For any complaints/grievances/discrepancies against usage of the Services, please contact Mr. Rajeshwar Prasad at firstname.lastname@example.org the designated Grievance Officer under Information Technology Act, 2000 and any other applicable law for this purpose. The subject of User’s e-mail should state “Complaint arising from use of the Platform”. The Company shall immediately look into the same and undertake the necessary action required to be taken by us in our capacity as an intermediary.
This User Agreement and all the rules and policies contained herein and any of User’s usage of Platform of the Company shall be governed and constructed in accordance with the laws of India.
If any dispute arises between the User and the Company during his/her use of the Platform of the Company or in relation to any activity on the Platform, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. The Arbitration and Conciliation Act, 1996, shall govern the arbitration proceeding. The arbitration proceedings shall be in the English language. The seat and venue of arbitration shall be Ahmedabad.