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 Pikkol. 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 Pikkol advises its users that while accessing the web site, they must follow/abide by the applicable laws. Pikkol is not responsible for the possible consequences caused by your behaviour during use of web site. Pikkol 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 all Pikkol Services offered on the Site or App, 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.
Section 2: Modification and Alteration
2.1The Company may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continued use of the Site after the posting of any amended User Agreement shall constitute your agreement to be bound by any such changes.
2.2 Pikkol may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Agreement will be governed by and construed in accordance with the laws in India.
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 thereof, 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 Pikkol 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, joint venture or agency relationship or granting a franchise between the parties.
Section 3: Pikkol 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 Pikkol 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 Pikkol using our phone number listed on the Site, a Pikkol representative will, upon your verbal consent, use your personally identifiable information to complete the steps to get a quote done for the move.
3.5 Not withstanding anything to the contrary herein the Company shall in no event be liable (whether in negligence or under contract) for:
(i) 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;
(ii) Loss or damage arising from the natural deterioration of the Goods;
(iii) 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);
(iv) 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.
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.
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 Pikkol against any claim arising or expense incurred as a result of any breach of this warranty. Pikkol 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 Pikkol against all claims in respect of such goods.
5.2 The User will notify Pikkol, 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 Pikkol is owned by the User or that the User has obtained prior to the commencement and carrying out of the work by Pikkol all necessary permits and approvals and authorizations to enable the Pikkol’s vehicles, agents and/or employees to enter such property with or without vehicles for the purposes of carrying out Pikkol’s obligations hereunder and the User hereby indemnifies Pikkol in respect of any loss, claim or damage suffered, brought against Pikkol in entering upon such property with or without vehicles.
5.3 Users hereby provides consent for Pikkol , its agents or partners to call , send email or SMS with regards to any service related to their relocation requirement.
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 Pikkol, 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 Pikkol.
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 PIKKOL 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.
Section 7: Copyrights, Copyright Agents and Compliance
Pikkol maintains a policy whereby it responds to notices of claimed intellectual property infringement. In the event that Pikkol 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 infringingactivity 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.
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, Pikkol, 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 relianceon 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.
Section 9: Prohibited Activities
The following is a partial list of the kinds of activities that are prohibited on or through the Site:
(i) engaging in activity or submitting User Information that harasses or advocates harassment of another person,
(ii) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to Users, or others,
(iii) 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,
(iv) using the Site's forms and/or toll-free numbers to advertise or promote products and services to Pikkol advertisers,
(v) 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 Pikkol,
(vi) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site,
(vii) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software,
(viii) taking any action that imposes an unreasonable or disproportionately large load on Pikkol's hardware or software infrastructure, or
(ix) using this Site for the purpose of obtaining quotes or other information of your competitors (collectively, the "Prohibited Activities").
Section 10: Law and Jurisdiction
These terms are governed by applicable law in the city of Bengaluru, in the state of Karnataka. All disputes arising of these terms and conditions and activities covered thereto shall be filed in the courts located in Bengaluru, Karnataka and you (user) hereby consent and submit to the personal jurisdiction of such courts for the purpose of the litigation any such action.
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, PIKKOL, 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 PIKKOL, 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.
Section 12: Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, PIKKOL, 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 PIKKOL, THIS USER AGREEMENT OR OTHERWISE (INCLUDING, WITHOUTLIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF PIKKOL, 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.
Section 13: Termination
You understand and agree that, in Pikkol's sole discretion, and without prior notice, Pikkol may terminate or suspend your access to the Site, and Pikkol may exercise any other remedy available and remove any User Information, if Pikkol believes that your use of the Site and/or any User Materials you provide (a) violate (i) this User Agreement, (ii) the rights of Pikkol, 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 Pikkol for violations of this User Agreement, and you consent to injunctive or other equitable relief for such violations without the requirement that Pikkol post a bond.