TERMS OF SERVICE

Welcome to the MYDHOLA (the "Mydhola"). The MYDHOLA is operated by “Mydhola Express Private Limited”. The Mydhola provides every user with a platform where they can avail of specific carriage/commercial portable vehicle services which are offered by us. The Mydhola may be presently accessed on our website, www.mydhola.com , the MYDHOLA Mobile Application. Use of the MYDHOLA is governed by the following terms and conditions (“Terms of Service”). Please review the Terms of Service carefully. The use of any other product or service offered by Mydhola Express Private Limited (including access to its websites) shall be governed by separate terms and conditions and are not covered by these Terms of Service.

By using the MYDHOLA, you are agreeing to comply with and be bound by the Terms of Service. If you do not agree to the Terms of Service, you should not use the MYDHOLA. The terms “we” and “us” refers to Mydhola Express Private Limited and its affiliates and any successor entity, and the term “you” refers to you, the user of the MYDHOLA.

ACCEPTANCE OF THE TERMS :

By using the MYDHOLA, you are agreeing to comply with and be bound by the Terms of Service. Your use of the MYDHOLA is subject to the Terms of Service, which may be updated from time to time without notice to you. Your acceptance of the Terms of Service is valid, binding and constitutes the entire agreement between us (irrespective of whether you are a user of or visitor to the MYDHOLA). The Terms of Service supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the MYDHOLA, and the services that are provided to you through the MYDHOLA.

DEFINATION :

The following definitions apply to the terms and conditions set out below that govern this contract of Carriage between you and us:

  • i"We", "us", "our", "Carrier", "MYDHOLA", "Company" shall refer to Mydhola Express Private Limited (owner of MYDHOLA), its employees, authorised agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.
  • ii“You”, “your”, “consignor” shall refer to the sender, consignor or consignee of the Consignment, holder of this Consignment Note, receiver and owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be.
  • iii“Services” means the technology-based services provided by MYDHOLA which enable the following:
  • ivThe hiring of vehicles by Customers for a point to point service, or for time and usage based service within city limits and outside the city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices.
  • vHiring of labour by Customers for loading/unloading of the consignment.
  • viSuch other services which MYDHOLA may from time to time add.
  • vii"Carriage" means and includes the whole of the operations and services undertaken by us in connection with the Consignment.
  • viii"Consignment" means any package, parcel, sachet, or freight which is or are given to and accepted by us for carriage under our Consignment Note.
  • ix“Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or other national regulations for transport.
  • x“Delivery” means the tender of the consignment to the consignee or intimation about the arrival of the consignment.
  • xi"Prohibited Items" means any goods or materials, the Carriage of which is prohibited by Applicable Law.
  • xii“Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.
  • xiii“Applicable Law” means all laws, statutes, ordinance, regulations, guidelines, policies, rules, bye-laws, notifications, directions, directives and orders or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, administration and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law in India.

USAGE LICENSE :

MYDHOLA hereby grants you a non-exclusive, non-transferable license to download, install, and use MYDHOLA applications to access the Services on one mobile device according to these Terms and Conditions. You agree not to reproduce, redistribute, or use the MYDHOLA applications by any means or for any purpose other than in accordance with these Terms and Conditions. You agree that MYDHOLA retains all rights, title, and interest in the Services, including all intellectual property rights related thereto. You agree not to remove, alter, or otherwise obscure any trademark, copyright or other proprietary rights notices contained within or displayed by the MYDHOLA applications.

USER ELIGIBILITY :

User means any individual or business entity/ organization that legally operates in India or in other country, uses and has the right to use the Services provided by MYDHOLA. It is hereby being clarified that our Services are available only to those individuals or business entities/organizations who can form legally binding contracts under the Applicable Law. To be a User(s) and be eligible to use our Services, an individual must be at least 18 (eighteen) years of age.

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

REGISTRATION AND YOUR ACCOUNT :

You can create an account with us by registering on the MYDHOLA (on Mobile Application/ Web Site). The registration of your account on the MYDHOLA is subject to you satisfying the Terms of Service at all times.

If we have reasonable grounds to suspect violation of these Terms of Service or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all parts of the MYDHOLA.

DELIVERY TERMS & CONDITIONS :

  • a)You may not be able to avail our services if your delivery location is outside our current scope of service. We will keep you informed of the same at the time of confirming your order.
  • b)You will not be able to avail our services in case we don’t receive minimum delivery price/distance from your end.
  • c)You understand the delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
  • d)Your order will be delivered only to the address designated by you or by the end user at the time of placing the order on the platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
  • e)You shall undertake to provide adequate directions, information, and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorisations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
  • f)You understand that our liability ends once your order has been delivered to you.
  • g)In case of order cancellation after order is out for delivery, Product will be hand over back to store and delivery charges will be applied.
  • h)MYDHOLA holds the right to increase delivery fee and charge surge fee at any point of time with prior intimation.

USER AGREEMENT :

The use of the “MYDHOLA” Application (including "website" and its related apps, services and tools) is governed by the terms and conditions mentioned in this user agreement (hereinafter referred to as "the User Agreement" or "Agreement" or “Terms of Use”).

MYDHOLA is a Business to Business and Business to Customer platform where businesses can deliver or send their products/articles/documents etc from one place to another. It is owned by MYDHOLA registered office at 4th FLOOR, ROSHPA TOWER, RANCHI, JHARKHAND (PIN: 834001)

PRICING POLICY :

Information on the indicative pricing and charges for all services offer on the MYDHOLA is available on the Mydhola Mobile App or will be informed by our Call Centre representative at the time of booking. The actual pricing and charges will be known to you once we have the information regarding your consignment and the destination and any other relevant information. We reserve the right to change the pricing without notice to you since it is dynamic and pricing is based on several factors depending on the nature of your consignment. We also reserve the right to customise the pricing for different users based on specific requirements applicable to each booking.

PAYMENTS, MYDHOLA WALLET, INVOICING AND TAXES :

  • AYou shall pay the charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing the services. You may choose to make payment for the services availed by any of the following methods:
  • BCash payment : Where you opt to pay by cash, you shall make the cash payment upon delivery of your consignment to the person / driver of the vehicle carrying your consignment, as nominated by MYDHOLA. You are required to make payment of the price communicated to you, and we through the person / driver collecting your consignment may be entitled to withhold the consignment or take any further action against you if you fail to make payment as per the agreed terms.
  • COnline payment :Online payment for the services shall be made to us at the time book our services, and can be made either via credit card / debit card / cash cards, net banking, NEFT, RTGS, IMPS, etc., as may be processed by independent payment service providers, through other banking channels, or under the advance payments scheme operated by us only for users of the MYDHOLA as a closed group e-wallet (the “MYDHOLA Wallet”). In the event the payment cannot be accepted through the online payment methods, you will have to make a cash payment of the charges to us by directly making payment to the person / driver collecting your consignment.
  • DWe may offer discounts and consequent deductions in the charges to be paid by you at our sole discretion. Any requests for refunds will be reviewed in light of the refund policy applicable.
  • EThe MYDHOLA Wallet is a closed ended scheme offered only to users of the MYDHOLA, where you as a user will have the option to make an advance payment to us which will be adjusted against the charges incurred by you on the MYDHOLA, for services which you may request now or in the future. You may make advance payments by the online method or by any other method designated by Mydhola Express Private Limited from time to time, and the amount so paid in advance will reflect on your user page. No interest shall be payable for the advance amounts paid to us. The advance amounts will be adjusted against charges you may incur pursuant to your use of the MYDHOLA and the amount is non-refundable and any refunds will only considered in accordance with our refund policy (explained below).
  • FWe will generate an invoice which will be sent across to you by email upon the completion of the services. The invoice shall be indicative of all applicable charges including but not limited to the surcharge, toll charges, right time charge, wait time charge, service tax or any other fees / taxes / charges we may incur in the provision of the services.
  • GYou are responsible for paying all fees and applicable taxes associated with the services in a timely manner with a valid payment method. Your use of the MYDHOLA and/or the services we provide you may be subject to taxes, duties and fees payable in India and/or your location. You shall be solely responsible for payment of all such taxes, duties and fees and the charges provided by us are exclusive of any taxes, duties and fees. In certain cases, we may have the obligation to pay taxes, duties and fees arising out of our arrangement and such taxes, duties and fees shall be charged to you in addition to any payments you make for the services. If the payment method specified by you fails or your account is past due, then:
  • HYou agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted,
  • IWe may collect fees owed using other collection mechanisms, if it remains unpaid; and
  • JWe reserve the right to either suspend or terminate your account or any pending services, including deletion of your account.

INTELLECTUAL PROPERTY RIGHTS :

MYDHOLA is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with MYDHOLA, its affiliates or licensor's of MYDHOLA content, as the case may be.

All rights, not otherwise claimed under this agreement or by MYDHOLA in, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. MYDHOLA does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall MYDHOLA be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

MYDHOLA reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the app/website.

Trademark

All related icons and logos are registered trademarks or trademarks or service marks of MYDHOLA in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Copyright

All content on this web site is the copyright of MYDHOLA except the third party content and link to third party web sites on our app/website.

Systematic retrieval of MYDHOLA content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from MYDHOLA is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of MYDHOLA'S Services, you agree that you will not use the web site service to infringe the intellectual property rights of MYDHOLA or any other third party in any way. MYDHOLA reserves the right to terminate the account of a user(s) upon any infringement of the rights of any third party in conjunction with use of the MYDHOLA service, or if MYDHOLA believes that user conduct is harmful to the interests of MYDHOLA, its affiliates, or other users, or for any other reason in MYDHOLA's sole discretion, with or without cause. You shall be liable to indemnify MYDHOLA for any losses or expenses incurred by MYDHOLA due to any infringement of intellectual property rights owned by MYDHOLA without prejudicing MYDHOLA’s right to bring any legal action against you.

AMENDMENTS & UPDATIONS :

MYDHOLA may amend this User Agreement and/or MYDHOLA Rules and Policies at any time by posting a revised version on the App, and the Users hereby irrevocably agree to be bound by such amendments made by MYDHOLA from time to time.

CONFIDENTIALITY :

User shall not disclose any information received under the contract of service with MYDHOLA to any third party. Access to any information which pertains to business of MYDHOLA shall be kept confidential to the extent it might adversely impact MYDHOLA’s business. User shall be liable to indemnify MYDHOLA against any loss of business or reputation due to the act of the user.

DISCLAIMER OF WARRANTIES :

We do not warrant that:

  • IThe MYDHOLA will meet your specific requirements;
  • IIThe services on the MYDHOLA will be uninterrupted, timely, secure, or error-free, or be available to you at all times;
  • IIIThe services that may be obtained from the use of the MYDHOLA will be accurate or reliable;
  • IVThe quality of any products, services, information, or other material purchased or obtained by you through the MYDHOLA will meet your expectations; and
  • VAny errors on the MYDHOLA will be corrected.

DISCLAIMER :

All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is hereby made expressly clear to you that the Company does not own any vehicle nor it directly or indirectly employ any driver for the vehicles or Labour for loading/unloading of Consignment. Vehicles, drivers and Labour are all supplied by third parties and the Company disclaims any and all liabilities in respect of the Labour, drivers and the vehicles alike.

The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

THIRD PARTY SITES DISCLOSURE :

Third party site’s links are provided by web site as a convenience to user and MYDHOLA has no control over such sites i.e. content and resources provided by them.

MYDHOLA may allow user access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. MYDHOLA believes that user(s) acknowledge that MYDHOLA has no control over such third party's site, does not monitor such sites, and MYDHOLA shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site. User shall review MYDHOLA’s Privacy Policy and abide by MYDHOLA’s Privacy Policy at the time of the User interaction with MYDHOLA, with respect to and concerning any information and data.

CANCELLATION POLICY :

  • aMYDHOLA will not be responsible for any cancellation on behalf of user.
  • bOrder cancellation charge from end user will be applied as per user’s policy.
  • cIn case of order cancellated because of any kind of delivery issue amount will be remitted to user’s account within 10 (Ten) working days. In that case user doesn’t get the refund, he can approach to grievance cell for further details.
  • dOrders once confirmed and out for delivery, delivery charge will be deducted from wallet balance which is non-refundable.
  • eAll cancellations made 01 minutes after driver allocation will incur a cancellation fee of INR. 50/- (Indian Rupees Fifty only). Cancelling three bookings in a day after driver allocation will temporarily suspend your account for 24 hours. Figures are subject to change.
  • fToll Charges: In case of a toll on your trip, return toll fare will be charged.

APPLICABLE LAW :

Users agree that the laws of India shall govern these Terms of Use.

SERVICES TERMS & CONDITIONS :

The following Terms & Conditions shall apply to customers utilising the Services offered by the Company for the hiring of vehicles: The customer shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for availing the Services of MYDHOLA. The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:

  • 1Soiling or damaging the body and/or any other interiors of the vehicles.
  • 2Misusing, soiling or damaging any of the devices (technical/nontechnical) in the vehicle.
  • 3Asking the driver to break any Traffic/R.T.O/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up.
  • 4Pressurizing the driver to overload truck or any other commercial vehicle(s) with the consignment than the allowed limit.

The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and cost on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.

The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the Applicable Law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.

The Company shall be entitled at any time without giving any reason to terminate the booking of the vehicle done by the Customer. User(s) shall indemnify MYDHOLA with respect to any expenses incurred with respect to such booking.

In case of lost items during the transit, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage or theft or misappropriation to / of the same. MYDHOLA aggregates the vehicles for the purposes of providing Services. In the event of loss of any item, User(s) shall not have any right to withhold the payment to be made to MYDHOLA. Further, in the event any payments from the User to MYDHOLA are pending for the period prescribed by MYDHOLA in its respective invoice / statement, MYDHOLA reserves the right, in accordance with the Applicable Law, to exercise particular lien over the consignment till full payment is made to MYDHOLA for the Services. Additionally, User(s) will be liable to indemnify MYDHOLA against any loss, damage or expenses incurred by it due to the custody of the consignment during this period.

Any complaint in respect of the Services or the use of the vehicles, the Customer has to inform the Company of the same in writing within 24 hours of using the vehicles or Services of the Company. The Company shall not be liable for any conduct of the drivers of the vehicles. However, the Company encourages you to notify it, of any complaints that you may have against the driver that you may have hired using the Company's Services.

The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.mydhola.com on the date that Company may indicate that such addition, variation or amendment is to come into effect.

All the calls made to the Company's call centre are recorded by the Company for quality and training purposes. In the event you place a query on our app/website including any query with respect to our Services, applicable fees or Terms of Service, you hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand, agree and acknowledge that such information shall in no event, qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the 'National Do Not Call Register' or the 'Private Do Not Call Register' in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.

LABOUR SERVICES :

MYDHOLA provides the option to Customers to utilize Labour Services by clicking on the “Include Labour” toggle on the review screen of the website/App.

“Labour Services” means that the service provided by the labour wherein labour undertakes the task of loading/unloading the consignment of goods from the loading/unloading point to the vehicle or vice-versa, as the case may be.

“Labour” means the driver of the vehicle and the person accompanying him in the vehicle.

By clicking on the “Include Labour” toggle on the review screen of the Website/App or by availing the Labour Services, the Customer agrees to the following terms and conditions. These terms shall be applicable in addition to the terms and conditions applicable to the customers for hiring of vehicles:

  • 1)You acknowledge that the Labour Service is provided only for ground floor to ground floor loading/unloading.
  • 2)You acknowledge that the ground floor movement (distance between the transport vehicle and the loading/unloading point) shall not exceed 20 (Twenty) metres.
  • 3)You acknowledge that the extra charges (as visible in the Invoice) for the Labour Service shall be payable by you.
  • 4)You agree that you shall be present in person at the time of loading/unloading of Consignment. If you are not available, an authorised representative must be present.
  • 5)You agree that MYDHOLA shall not be liable for misbehaviour of the labour during the loading/unloading. However, you are requested to bring to the notice of Company such incidents. The Company, in its sole discretion, may take action in such matters.

Questions and Suggestions :

If you have questions, suggestions, or require to contact us as per these Terms of Service, or wish to make a complaint, please complete a feedback form at www.mydhola.com or you can contact us at:

  • 4th Floor, Roshpa Tower, Ranchi, Jharkhand (Pin: 834001)
  • Contact Phone: +91 9031027591
  • E-Mail: info@mydhola.com