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New Gati Terms and Conditions

Our Terms and Conditions

Welcome to New Gati Packers and movers

Welcome to New Gati Packers and movers

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of our Website/App www.New Gatimovers.com (“Website”). ------------------------------------

General terms

For the purpose of these Terms of Use, wherever the context so requires the term 'New Gati' or 'us' or 'we' or the ‘Company’ refers to the owner of the Site, a company incorporated under the Companies Act, 2017 and having its registered office at Level 1, 53/1, Roopena Agrahara, Sector-7, HSR Layout, Bangalore-560068, India. The term “User” or “you” refers to the user or viewer of the Site, individuals who call our phone number or the individuals who downloads, uses or views.

If you do not agree to the Terms and conditions, you must immediately cease all use of, or access to, the Site. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy under New Gati relationship with you in relation to the Site and the Service (as described below) rendered through the site.

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Chapter 1 : Section 1: User(s) eligibility

1.1 User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by New Gati. Our Services (as described below) are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.

1.2 New Gati advises its users that while accessing the web site, they must follow/abide by the applicable laws. New Gati is not responsible for the possible consequences caused by your behaviour during use of web site. New Gati may, in its sole discretion, refuse the service to anyone at any time.

1.3 This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity that may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

1.4 This agreement applies to New Gati Services offered on the Site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

Severability

2.3 The courts of Bangalore will have exclusive jurisdiction to decide any dispute that arises out of the above mentioned agreement. If for any reason a court of competent jurisdiction finds any provision of this User Agreement illegal, invalid or otherwise unenforceable, such provision shall be severed and the entire agreement shall not fail on account there of, the other terms of the agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this User Agreement will continue in full force and effect.

2.4 Failure by New Gati to enforce any provision of this User Agreement will not be deemed a waiver of future enforcement of that or any other provision of this User Agreement. The User Agreement constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this User Agreement, nor any terms or conditions contained herein, shall be construed as creating a partnership.

Chapter 3 - Section 3: New Gati services

3.1 The Company operates the Site to provide relocation services (house and vehicle) and warehousing facilities to "users"(who have entered into the user agreement) within and outside the city (from the source of booking). The site facilitates the “Users” to calculate and obtain instant quote for their move, provided the “users” have quantified the items to be moved with detailed specifications, which when done, will not get deviated from the final quote.

3.2 New Gati has an adaptive algorithm which captures the inventory and computes the right truck size, packing requirements, and price. Once the consumer confirms the booking on the platform, based on its proprietary algorithm the right team is allotted to the move to ensure a hassle-free relocation experience for the consumers.(subject to the conditions which are contingent)

3.3 If you call New Gati using our phone number listed on the Site, a New Gati representative will, upon your verbal consent, use your personally identifiable information to complete the steps to get a quote done for the move.

3.4 Your submission of personal information through the Website/App is governed by our Privacy Policy. (view Privacy Policy)

3.5 Not withstanding anything to the contrary herein the Company shall in no event be liable (whether in negligence or under contract) for:

  1. Loss or damage caused by any event of force majeure including, without limitation, storm, fire, flood, explosion, theft, acts done with malicious intent by any person, or any other event outside the control of the Company;
  2. Loss or damage arising from the natural deterioration of the Goods;
  3. Loss or damage arising from any act or omission of the Customer or any other person acting on the Customer’s behalf including a failure to declare or false declaration of value (and so that the Customer shall indemnify the Company accordingly);
  4. Valuation of the goods given to the Company before the move is considered as final. Incorrect valuation of the goods will be considered as omission by the customer and shall not be entertained.

3.6 Once the booking has been confirmed it shall form part of the contract and all the terms therein shall be binding. If the customer wishes to cancel or terminate before its full performance by the Company, the customer shall be governed by the cancellation policy of the Company. Cancellation Policy of the Company shall be revised and updated from time to time, it the responsibility of the customer to stay updated with the policy criteria.

3.7 When the Customer wants to recover the Goods or part of them from storage or inspect the goods in the warehouse, it shall give the Company a notice before 4 days from the date the customer wishes to recover the goods partly or wholly, or inspect the goods in the warehouse. If the notice have not been served before 4 days, the Company shall deliver the goods or the customer can inspect the goods as per the Company’s available slots.

Chapter 4 - Section 4: Complaints

Any complaints arising out of the move shall be entertained by the Company before our Team leaves the destination. The complaints on damage will be on the goods which are unpacked by our Team. Any complaints arising out of the goods in the carton which are retained by the customer shall not be entertained by our Company. It is the responsibility of the customer to assure and check all available damage before the Team leaves the destination.

Chapter 5 - Section 5: User Responsibility

5.1 The User warrants that any goods removed or stored under the contract are owned by the User, or that the User has full right, power and authority to allow such removal or storage. The User shall indemnify New Gati against any claim arising or expense incurred as a result of any breach of this warranty. New Gati has the right to reject the request to carry certain items which it considers inappropriate for transfer(any article or substance which is, or is likely to be, of a dangerous, corrosive, inflammable, explosive or damaging nature). The User shall indemnify the New Gati against all claims in respect of such goods.

5.2 The User will notify New Gati, if there is not suitable and convenient access to the place from which the goods are to be removed. The User(s) warrant that the property to or from which goods are removed by New Gati is owned by the User or that the User has obtained prior to the commencement and carrying out of the work by New Gati all necessary permits and approvals and authorizations to enable the New Gati'S vehicles, agents and/or employees to enter such property with or without vehicles for the purposes of carrying out New Gati'S obligations hereunder and the User hereby indemnifies New Gati in respect of any loss, claim or damage suffered, brought against New Gati in entering upon such property with or without vehicles.

5.3 Users hereby provides consent for New Gati , its agents or partners to call , send email or SMS with regards to any service related to their relocation requirement.

Chapter 6 - Section 6: Site Content, Trademarks, and Software

6.1 All information, data and content made available on the Site (collectively, the "Content") is protected by copyright, trademark and other applicable intellectual property laws. The Content is owned by New Gati, its licensors, suppliers, affiliates, or others. The Content is intended solely for your personal and noncommercial use. You may interact with or download a copy of any portion of the Content for your personal and noncommercial entertainment, information or use, provided that you shall not reproduce, sell, publish, distribute, modify, publicly display, publicly perform, re-post or otherwise use the Content, in whole or in part, in any other way or for any other reason without the prior written consent of New Gati.

6.2 You acknowledge that the Content includes certain trademarks and service marks owned by theCompany, its licensors, suppliers, affiliates, or others. You agree not to copy, use or otherwise infringe, misappropriate, dilute or violate these trademarks or service marks. In addition, you agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The New Gati name and logo are trademarks of the Company. You acknowledge that other product and company names appearing on the Site may be trademarks of their respective owners.

6.3 Please note that all software programming, including without limitation all HTML and other code contained on the Site (collectively, "Software"), is owned by the Company, its licensors, suppliers, affiliates, or others and is protected by copyright laws or other applicable intellectual property laws, as well as international treaty provisions. Any unauthorized access to, or reproduction, advertisement, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties.

Chapter 7- Section 7: Copyrights, Copyright Agents and Compliance

New Gati maintains a policy whereby it responds to notices of claimed intellectual property infringement. In the event that New Gati receives a notice of alleged infringement, it will promptly investigate all such notices and take appropriate actions.

In order to be effective, any notice of claimed infringement must be a written communication sent to [email protected] and must include the following:

7.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

7.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online

7.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled; and information reasonably sufficient to permit the service provider to locate the material;

7.4 Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

7.5 A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner; its agent or the law; and

7.6 A statement that the information in the notification is accurate and, under penalty of perjury,that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Chapter 8 - Section 8: Representations and Warranties; Indemnity

8.1 You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the User Information to the Site, (b) the User Information does not and will not infringe, misappropriate, dilute or otherwise violate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, (c) the User Information is accurate, complete, true and honest, (d) the User Information does not and will not violate any applicable law or regulation or cause injury to any person, and (e) neither you, nor any party that you are representing, (i) is in the business of providing Relocation Services and/or, (ii) is using the Site for the purpose of obtaining the quotes or other information about your competitors.

8.2 You agree to release, defend, indemnify and hold the Company, New Gati, its affiliates, licensors and suppliers, their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the User Information you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of this User Agreement, or (iv) any actual, prospective or terminated transaction between you and a Vendor or any other third party.

Chapter 9 - Section 9: Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Site:

  1. engaging in activity or submitting User Information that harasses or advocates harassment of another person,
  2. engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to Users, or others,
  3. engaging in activity or submitting User Information, or promoting information, that is fraudulent, false, dishonest, or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous,
  4. using the Site's forms and/or toll-free numbers to advertise or promote products and services to New Gati advertisers,
  5. using any robot, spider, bot or other automatic device, or manual process, to monitor or copy web pages or the Content contained on the Site or for any other unauthorized purpose without the prior written consent of New Gati,
  6. using any device, software or routine to interfere or attempt to interfere with the proper working of the Site,
  7. (
  8. decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software,
  9. taking any action that imposes an unreasonable or disproportionately large load on New Gati'S ,hardware or software infrastructure, or
  10. using this Site for the purpose of obtaining quotes or other information of your competitors (collectively, the "Prohibited Activities").
Chapter 10 - Section 10: Law and Jurisdiction

These terms are governed by applicable law in the city of Bhopal, in the state of Madhya Pradesh. All disputes arising of these terms and conditions and activities covered thereto shall be filed in the courts located in Bhopal, Madhya Pradesh and you (user) hereby consent and submit to the personal jurisdiction of such courts for the purpose of the litigation any such action.

Chapter 11 - Section 11: Disclaimer of warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON THE CONTENT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, New Gati, ITS AFFILIATES, LICENSORS, AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, OR THE USER INFORMATION OR YOUR USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE USER INFORMATION AND THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND New Gati,ITS AFFILIATES,LICENSORS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT.

Chapter 12 - Section 12: Limitation on Liability

TO THE EXTENT PERMITTED BY LAW, New Gati, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, THEIR EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE,THE SOFTWARE, THE CONTENT, THE USER INFORMATION, THE SERVICES PROVIDED BY New Gati, THIS USER AGREEMENT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF New Gati, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, THEIR OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD- PARTY LICENSORS FOR ANY CLAIM EXCEED INR 100,000/-. FOR PURPOSES OF THIS LIMITATION ON LIABILITY, THE TERM "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU.

Chapter 13 - Section 13: Termination

You understand and agree that, in New Gati's sole discretion, and without prior notice, New Gati may terminate or suspend your access to the Site, and New Gati may exercise any other remedy available and remove any User Information, if New Gati believes that your use of the Site and/or any User Materials you provide (a) violate (i) this User Agreement, (ii) the rights of New Gati, its affiliates or licensors, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate, or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not be an adequate remedy to New Gati for violations of this User Agreement, and you consent to injunctive or other equitable relief for such violations without the requirement that New Gati post a bond.

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