Preloader image

TERMS AND CONDITIONS OF SERVICE FOR CUSTOMER

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. This Site is a platform which connects the customers and the service providers. Further, for the purpose of clarity, it is hereby stated that the Website is not engaged in providing any services by itself but is merely a platform, which connects the service providers to customers. PROXIMOVE is merely assisting the customer to avoid complication in booking, whereby creating a user friendly platform for the customer. PROXIMOVE is first of its kind in associating the customer and the service provider particularly in the field of Bus /Tempo /Mini Van/Cars. This document is an electronic record document in accordance to Information Technology Act, 2000 and the rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.” By agreeing to these terms or any other 'terms of service' of the Application-Programming Interface ("API") with which PROXIMOVE may tie-up which would form an integral part of this Agreement. However, in the event of any conflict between such API Terms and this Agreement, the terms of this Agreement shall prevail over others. PROXIMOVE reserves the right, in its sole discretion, to terminate the access to any or all PROXIMOVE websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever. PROXIMOVE reserve the right to share your information with any third party for better assistance.

ARTICLE 1 - DEFINITIONS

Except as otherwise provided herein or where the context otherwise requires, the following terms used herein shall have the following meanings:

"Agreement" - means the Agreement for the provision of service between the "Service Provider" and "Customer" that incorporates these terms and conditions and including all the schedules/annexures attached hereto.

“Applicable Laws” - means and includes all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court and applicable international treaties and regulations, in force at the relevant time in India.

"API" - means the Application-Programming Interface

“Vehicle” - means the Bus,Tempo Traveler/ Mini Van/Cars provided by service providers to you.

“Company” - means PROXIMOVE Technologies Private Limited. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agents, etc.

“Charges” - mean any charges and fees levied by PROXIMOVE to the registered customer for use of the service, a full list of such charges would be available on the PROXIMOVE website, and may change from time to time. All registered users and merchants would be liable to pay the charges for using the PROXIMOVE service. The Customer will also be liable for any Government taxes or levies which may be payable on such service charges levied by PROXIMOVE.

“Day” - means a period of 24 hours i.e. from 12am to 12am of the next day.

“Driver” - means a person engaged by the Service Provider as a driver of the vehicle.

“Force Majeure Event” - means strikes, lockouts, labour disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, Flood, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against.

“PROXIMOVE” shall also mean Proximove’s portal which includes Website, Customer mobile application and Operator mobile application. The following are Proximove registered sites Proximove.com/.co.in/.in.

“Services” - means the All the Services provided by PROXIMOVE to you by use of the booking platform.

“Transaction" - mean every payment request/order placed by you for availing the said services.

"Terms and Conditions of Service" or "T&Cs"- means the terms and conditions that are available at the Site for the use of Services.

"Use of Service" shall mean and includes but is not limited to, all the Customers dialing the dedicated number of the Company or visiting the official website of the Company or downloading the Mobile Application.

"We/we", "Our/our" or "Us/us" or means Proximove Technologies Pvt Ltd and shall include its successors.

“Service Provider” - means the owner of the vehicle or his representative and their assignees.

“Customer” or "You/you", “Your/your” or “Yourself/yourself” - mean the reference to Customer or his representative and any other user accessing the Site.

ARTICLE - 2 – INTERPRETATION

2.1 Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

2.2. Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.

2.3. Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as PROXIMOVE, unless repugnant to the context, include its affiliates, successors and permitted assignees.

ARTICLE 3 - GENERAL TERMS AND CONDITIONS

3.1 BOOKING REQUEST

3.1.1 The PROXIMOVE provides technology-based services for booking Bus & Tempo Traveler/ Mini Van/Cars on PAN-India basis to you and you agree to obtain taxi services offered by third party taxi providers, drivers or vehicle operators ("the Service Provider"). All the Services provided by the Company to Customer by means of your use of the booking platform are hereinafter referred to as the "Services".

3.1.2 The PROXIMOVE shall forward the customers booking request to the respective Service Provider through its back-end team. The Service Provider shall have the sole discretion to accept or reject each request. The Service Provider has the discretion to confirm the request made by you. If the Service Provider accepts the booking request made by you through the platform, PROXIMOVE will provide you the information regarding the Service Provider including its name, contact number for assistance.

3.1.3 The PROXIMOVE shall display an estimated price generated which herein under includes the following (i)Vehicle Rent of the service rendered (ii)Permit Charges(Applicable only for Tourist Bus) (iii)Driver Bata (iv)Service Tax (v)Payment Gateway Charges (vi) Fuel Charges

3.1.4 The PROXIMOVE shall make all reasonable efforts to bring the Customer in contact with the Service Provider in order to obtain hassle free service, subject to availability of the Service Provider as per your required location booking request made by the Customer to PROXIMOVE. The trip confirmed by you shall be always billed as round trip.

3.1.5 For the avoidance of doubt, it is clarified that the PROXIMOVE itself does not provide and own any vehicle services of its own. It is the Service Provider who shall render vehicle service to you. The services are rendered by the Service Provider to you, any dispute therefore, PROXIMOVE shall direct to the respective service provider. PROXIMOVE shall never be a party to such agreement. PROXIMOVE is merely a user friendly platform for the customer. The main objective of PROXIMOVE is to create a hassle free ride to the Customer. Once the booking is confirmed, the Service Provider will reach the desired Customer’s pick up location. In case the service provider, desires or decides not to render their services due to any reason thereof, PROXIMOVE shall not be held liable.

3.1.6 Customer shall waive its liberty to PROXIMOVE on deciding the quantum for non-service by the service provider. Customer shall abide by the PROXIMOVE quantum for non-rendering of service.

3.1.7 Customer warrants that the information provided by you to PROXIMOVE is accurate and complete. PROXIMOVE is entitled to at, any time verify or clarify the information provided by you. You may only access the Service using the authorized means.

3.1.8 The Customer is hereby instructed to verify and read all the information before confirming the booking, in case of alteration, PROXIMOVE totally reserves the right thereafter.

3.1.9 For calculation of the distance travelled, it shall be deemed to be calculated from the garage of the service provider back and forth.

3.1.10 PROXIMOVE reserves the right not to accept any customer order without assigning any reason thereof.

3.1.11 The customer shall make all efforts to book through the authenticated PROXIMOVE website/customer care, in case of any booking through any bogus website resembling PROXIMOVE, at no juncture shall PROXIMOVE be held liable.

3.1.12 The fare range displayed in the ‘Fare Estimation’ provided by PROXIMOVE is just an estimate which is subjected to changes. The actual fare payable will be given only after the journey is over. PROXIMOVE takes no responsibility for the accuracy of the estimates and any variation thereof the actual fare shall prevail.

3.1.13 PROXIMOVE shall charge the estimated value based on the desired Kilometres prescribed by the customer. In case of exceeding the above desired Kilometres, PROXIMOVE will calculate the final amount based on the travelled Kilometres based on which PROXIMOVE shall intimate the excess cash amount incurred via Mail or SMS to the customer. After which the customer will have to pay the excess cash amount by cash to the chauffeur.

3.1.14 Above estimates are exclusive of all Toll charges, State Entry Tax, Parking charges & Discounts etc. All these charges are payable by the customer at actual.

3.1.15 The Customer hereby undertakes not to make any changes in the desired schedule after confirming the booking. However, minor changes of backtracking are acceptable and the sole discretion regarding the charges lies with the service providers.

3.1.16 Customer hereby undertakes to travel with the said number of passengers as applicable towards the vehicle by the said legislation, in case of breach, Customer shall indemnify the cost to the service provider thereof.

3.1.17 Customer hereby undertake to abide by all Applicable Legislation, you would be personally liable for any breach thereof.

3.2 TIMING OF BOOKING

3.2.1 Tempo Traveller/ Minivan/Car booking can be booked only antecedent, period of 6 (six) hours from the date of journey and maximum of 60 days before the date of journey.

3.2.2 Bus booking can be booked only antecedent, the period of 4(four) working days prior to the date of journey and maximum of 60 days before the date of journey.

3.3 PAYMENTS

3.3.1 All the booking made by the Customer shall be complete only after the full payment is made. Unless the payment is credited it is deemed that no booking is confirmed.

3.3.2 In regard to all the bookings here under, Customer undertake to make an Advance Payment of 25% (Twenty-Five Percent) from the Estimated Price into PROXIMOVE’S Online Payment Platform (PayU Biz).

3.3.3 On making the above advance payment for your Bus Booking, you are liable to pay the balance 75% of the Estimated Price within a period of 48(Forty-Eight) hours prior to the date of journey.

3.3.4 On making the above advance payment for your Tempo/Minivan/Cars Booking, Customer is liable to pay the balance 75% of the Estimated Price within a period of 3(Three) hours prior to the date of journey.

3.3.5 In case of Non-Payment, the trip made by you shall deem to be void and cancelled. PROXIMOVE reserves the right to withhold the confirmation charges paid by you. The Trip would be deemed to confirmed only after receiving the full payment from you.

3.3.6 In case of Change in Schedule, PROXIMOVE reserves the right to claim applicable charges thereof with the assistance of the Service Provider.

3.3.7 Any promotional offers or promo-code offered by the company, PROXIMOVE reserves the right to change, alter or withdraw thereafter, even when the said offer is active.

3.3.8 All the payment made by the Customer shall be only through our Authorised Payment Platform (PayU Biz).

3.4 CONDUCT

3.4.1 Customer undertakes to refrain himself from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.

3.4.2 Customer will comply with all procedure and rule applicable by law and you will treat vehicle drivers introduced to you through us with respect and not to cause damage to their vehicle or engage yourself in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their vehicle or the service.

3.4.3 Customer will not contact him personally nor collect the details of the service provider without due consent of PROXIMOVE.

3.4.4 Customer will compensate and defend PROXIMOVE fully against any claims or legal proceedings brought against PROXIMOVE by any other person as a result of your breach of these Terms.

3.4.5 Please note PROXIMOVE is not responsible for the behaviour, actions or inactions of drivers of vehicle, quality of vehicle which is provided. IN CASE OF DISPUTE, REGARDING QUALITY OF SERVICE OR FORCE MAJEURE EVENT OR ACCIDENT OR ANY UNTOWARD INCIDENT, PROXIMOVE CLEARLY STATES THAT IT IS MERELY A PLATFORM THAT CONNECTS YOU AND THE SERVICE PROVIDER. ALL THE LIABILITY SOLELY LIES BETWEEN YOU AND THE SERVICE PROVIDER.

3.5 REGISTRATION OF ACCOUNT

By using the mobile Application or the website of the Company, you further agree that:

3.5.1 Customer will download the Website/Application for your sole, personal use and will not resell it to a third party.

3.5.2 Customer will not authorize others to use your account. Customer will not assign or otherwise transfer your account to any other person or legal entity.

3.5.3 Customer will not use an account that is subject to any rights of a person other than you without appropriate authorization.

3.5.4 Customer shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which Customer do not have any right to; or interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services.

3.5.5 Customer will not use the Website/Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.

3.5.6 Customer will not be harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person; or misleading in any way; or is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.

3.5.7 Customer will not involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.

3.5.8 Customer will not use the Website/Application to cause nuisance, annoyance or inconvenience.

3.5.9 Customer will not impair the proper operation of the network.

3.5.10 Customer will not try to harm the Application in any way whatsoever.

3.5.11 Customer will not try to harm the Application in any way whatsoever.

3.5.12Customer shall maintain the confidentiality of the account password or any identification which PROXIMOVE provides you for accessing PROXIMOVE website.

3.6 ESSENTIAL CRITERIA

3.6.1 Customer must be at least 18 (Eighteen) Years of age to register and use this website. By registering or using the website, you warrant and represent that you are at least 18 (Eighteen) Years of age.

3.6.2 Customer undertakes to provide Authentic Proof of Identity. In case of any misrepresentation you shall be liable to Criminal Prosecution.

3.6.3 Customer will only use an access point or 3G data account (AP) which you are authorized to use.

3.6.4 Customer will not use the Application with an incompatible or unauthorized device.

3.6.5 Customer shall undertake not to intoxicate himself on traveling, if found PROXIMOVE shall be at liberty to cancel the trip without assigning any reason thereof.

3.6.6 Customer shall undertake to stick on to the schedule as mentioned while booking the trip. You should not cause any delay in the journey of time and dates as mentioned while booking the trip. In case of causing delay, the customer shall be liable to pay such cost to PROXIMOVE. The cost incurred on such delay shall be borne by the customer to PROXIMOVE.

3.6.7 Customer shall undertake to adhere the respective state laws and customer shall abide by all the necessary legislation.

3.6.8 Customer shall undertake not to carry any intoxicated, flammable or Explosive material or illegal material while traveling with or without knowledge, in case found PROXIMOVE shall be at liberty to cancel the trip without assigning any reason thereof and direct you to the legal enforcement agencies.

3.6.9 Customer will comply with all applicable law without any violation.

3.6.10 Customer shall carry only prescribed quantity of goods as per the respective state laws, in case of charges by the enforcement authority, you shall be liable to indemnify the service provider.

3.6.11 PROXIMOVE reserves the right to immediately terminate use of the Application, if not complied with the any of the above rules.

3.6.12 PROXIMOVE reserves the right to immediately terminate use of the Application, if not complied with the any of the above rules.

3.7 DAMAGES

3.7.1 PROXIMOVE clarifies TV and Audio systems are additional benefits provided by PROXIMOVE, in case of deficiency, neither PROXIMOVE nor Service Provider shall be liable and no refund/deduction shall be permissible from the Estimated Price

3.7.2 Any Damages to the Vehicle during the transit caused by the customer, the customer shall be held personally liable and the cost incurred thereof shall be indemnified by you to the Service Provider and the cost thereof shall be determined by PROXIMOVE.

3.7.3 Customer undertakes to keep the vehicle as given at all times of journey. In case of intoxication, the cleaning charges shall be incurred by you to the Service Provider. The Charges incurred shall be the sole discretion of the Service Provider.

3.7.4 PROXIMOVE shall not be, at any juncture, liable for any delay, timing, and misbehaviour by the driver. Customer should claim all the damages from the Service Provider.

3.7.5 In case of any goods lost in the vehicle, neither PROXIMOVE nor service provider shall be held liable. The Customer shall be vigilant and responsible for all the belongings which are in the vehicle through the period of Journey.

3.7.6 In case of any damages due to unforeseen incident or any incident thereof, the R.C(Registered Vehicle Owner) of the Service Providers vehicle shall indemnify the Customer the charges if any, PROXIMOVE shall at no juncture held liable.

3.8 CANCELLATION AND REFUND

3.8.1 PROXIMOVE undertakes to refund the processed cancellation, after the applicable changes and transfer to the Registered Account holder.

3.8.2 Any cancellation by the Service Provider, PROXIMOVE shall not be held responsible.

3.8.3 PROXIMOVE undertake to initiate the refund procedure within 7 banking days from the period of request.

3.8.4 In case of malfunction of AC during the trip, PROXIMOVE will charge only for the Non-AC service for numbers of days the AC was not working upon verification with the operator. The difference amount would be refunded to the customer within next 7 banking days.

3.8.5 All Cancellation charges not mentioned here under shall be determined by PROXIMOVE with the assistance of the Service Provider.

3.8.6 PROXIMOVE undertake to refund the amount paid by the customer after deduction of Permit Expenses. The Below chart is a detailed explanation on deduction charges.

Buses and Minibuses:

Particulars

Percentage Deducted from Advance amount(25%)

Cancellation before 96 hours from time of journey

0% + Permit Expenses

Cancellation before 72 to 96 hours from time of journey

20% + Permit Expenses

Cancellation before 24 to 72 hours from time of journey

50% + Permit Expenses

Cancellation before 24 hours from time of journey

80% + Permit Expenses

Cancellation before 0 to 24 hours from time of journey

100% + Permit Expenses

Tempo Travellers and Cars:

Particulars

Percentage Deducted from Advance amount(25%)

Cancellation before 96 hours from time of journey

0%

Cancellation before 48 to 96 hours from time of journey

20%

Cancellation before12 to 48 hours from time of journey

50%

Cancellation before 12 hours from time of journey

80%

Cancellation before 0 to 12 hours from time of journey

100%

  • Permit charges are subject to changes at any time without notice.

  • Cancellation charges are taken from Advance amount(25%) only.

  • Cancellation policy is subject to change at any time without notice.

ARTICLE 4 - DISCLAIMER

4.1.1 Except for Our limited role in processing payments that You authorize or initiate, We are not involved in any underlying transaction between You, any other Customer, Merchant, bank or another third party. We are not a selling agent in relation to any sale of goods or services to You by any Merchant any other third party. We will always endeavour to provide the Services to the best of our ability. You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors, which do not lie within our control.

4.1.2 PROXIMOVE shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any goods or service rendered to you that Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. PROXIMOVE disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the foregoing paragraph, We do not warrant (a) This Site will be constantly available, or available at all; or (b) The information on this Site is complete, true, accurate or non-misleading. (c) This Site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Site; their servers; or electronic communication sent from Us are free of viruses or other harmful components; (d) Nothing on the Site constitutes, or is meant to constitute, advice of any kind

4.1.3 PROXIMOVE will take every reasonable effort not to share any of the Payment Details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under RBI Regulations and Applicable Laws, or to the limited extent necessary for Us to implement any payment instructions We receive from You. Please read Our Privacy Policy for further details regarding the use of Your Personal Information. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.

4.1.4 PROXIMOVE and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained in the Site (whether arising from PROXIMOVE or any other person's negligence or otherwise).

4.1.5 Content and advertisements provided as part of a Service to you by PROXIMOVE, understanding, that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use. We may periodically send promotional email/SMS to you about services offered by our advertisers and ourselves.

4.1.6 PROXIMOVE can publish or provide Content or advertisements as part of a Service we do not warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or endorse the Content or advertisements; and you will obtain independent professional advice at your own cost before you take any action based upon such Content or advertisements.

4.1.7 Your correspondence or dealings with, or participation in promotions of advertisers through the Service, and any other terms, conditions, warranties or representations associated arising therefrom, lie between you and the advertisers. You agree that we shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.

4.2 INDEMNITY AND LIABILITY

4.2.1 You will defend, indemnify and hold harmless PROXIMOVE and each of their affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: to the use or misuse of Services or any violation of these T&Cs.

4.2.2 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. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.

4.2.3 Your Sole and Exclusive Remedy for any disputes with us is the cancellation of your account with the site. In no event shall PROXIMOVE be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if we have been informed in advance of the possibility of such damages. In no event our total cumulative liability to you for any and all claims relating to or arising out of your use of the site, regardless of the form of action, exceed INR 10,000/- (Rupees ten thousand only).

4.3 DATA COLLECTION

4.3.1 The End customer shall consent to provide information such as name and job title of the customer, email address, postcode, preferences and interests relevant to customer surveys and any offers thereof. PROXIMOVE shall at liberty collect the following information solely to aid the end customer.

4.3.2 All the information sought by PROXIMOVE is to analyze its end customer thoroughly and provide them with foremost service and commendable service. PROXIMOVE shall use all the information provided by you for effective implementation of the website. PROXIMOVE shall at liberty send you a various promotional email about their new offers, launch etc. PROXIMOVE shall make use of the above data for customizing the end customer profile which helps in effective implementation of the website.

4.4 SECURITY

PROXIMOVE is committed to ensuring that all the information received from you is secure and kept protected from unauthorized access or disclosure. For the benefits of the End customer PROXIMOVE has placed some suitable physical, electronic and managerial procedures to safeguards and intact the information received.

4.5 FORCE MAJEURE

4.5.1 PROXIMOVE shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case, its obligations shall be suspended for so long as the Force Majeure Event continues. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.

4.6 WAIVER

4.6.1 Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on anyone occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claim filed thereafter shall be barred.

4.7 SEVERABILITY

4.7.1 If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

4.8 GOVERNING LAW AND DISPUTE RESOLUTION

4.8.1 Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation. If the Dispute is not settled amicably as aforesaid within a period of [14] (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be presided over by a sole arbitrator appointed by PROXIMOVE.

4.8.2 The arbitration proceedings shall be conducted in the English language. The Jurisdiction for the arbitration proceedings shall be Palladam, Tiruppur District, Tamil Nadu.

4.8.3 This Terms & Conditions shall be governed by and construed in accordance with the laws of India and, subject to this Clause 4.7, PROXIMOVE and You agree and undertake any controversy or claim arising out of or relating to these Terms & Conditions will be adjudicated exclusively before a competent court in Palladam, Tiruppur District, Tamil Nadu.

4.9 CHANGES TO THE STATEMENT

4.9.1 We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email.

4.9.2 Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review this Statement for the latest information on our privacy practices.

4.9.3 PROXIMOVE will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, the Customer will be provided with the services by the Service Provider jointly and/or severally with the party/parties in joint venture. Customer hereby gives his irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

4.10 NOTICE OF COMMUNICATION

4.10.1 Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to: Attn: Proximove Technologies Pvt Ltd. Address: 102 C, New Extension Street, Palladam-641664,Tiruppur District, Tamil Nadu, India. E-mail: support@proximove.com

4.10.2 All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.

4.10.3 You will be subject to Our T&Cs and Privacy policy.

4.10.4 Any notice is given by PROXIMOVE hereunder will be deemed to have been received by you within 7 days of posting your address last notified in writing to PROXIMOVE or, within 24 hours of sending the same via email or SMS at the e-mail address specified by you or your registered mobile phone number. Any notice may also be sent by fax or communicated verbally and confirmed in writing by post or fax. PROXIMOVE shall not be held accountable for delays in receipt of notices by post. In the event of any change in your e-mail and/or employment and/or office and/or residential address and/or telephone numbers, you shall inform PROXIMOVE promptly in writing or by e-mail and must confirm the same by mail or fax.

4.11 COPYRIGHT COMPLAINT

4.11.1 We respect the intellectual property of others. In case You feel that your work has been copied in a way that constitutes copyright infringement, you can write us at support@proximove.com