Terms of Service for Customer
1. General
1.1. The Portameegos Application (hereinafter referred to as the “App”, “Platform” or “Application”) is developed and owned by Portameegos, a company incorporated as per the Indian laws, having its office in Pune, Maharashtra (hereinafter referred to as the “Company”). The App is operated by the Company.
1.2. The App is intended to provide a facility for seafarers to procure goods and services at various ports where their ships dock.
1.3. For the purpose of these Terms of Use and Privacy Policy Statement, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Application by registering and creating an account on the App (“Account”) through his/her/its hand-held device. The term “We”, “Us”, “Our” shall mean the Company.
2. Terms of Use
2.1. Your use of the App is governed by the following terms and conditions as set out in these Terms of Use and as applicable to the App including the applicable policies which are incorporated herein by way of reference. By using the App, You indicate Your consent to the Terms of Use. You shall be contracting with the Company and these Terms of Use including the incorporated policies, constitute Your binding obligations, with the Company.
2.2. If You do not consent to the contents of these Terms of Use, You are expressly prohibited from utilizing or accessing the App and the Offering and You are required to uninstall the App from all your devices. “Offering” refers to the internet-based facility provided through the Application, enabling Users to purchase goods and avail services, including cab hire services (collectively referred to as the “Products” and/or “Services”) from the port agents and other providers registered with the Platform (“Vendors”), upload Product and Vendor reviews, etc.
2.3. In light of Your continuing compliance with, and agreement to be bound by the Terms of Use, We hereby grant and You hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use and access the App (which shall include future updates made available to You from time to time, provided You understand that such updates may be subject to additional terms in respect of which You will be notified at the time such update is made available) from Your mobile or other hand-held device, subject to these Terms of Use for the purpose as intended herein.
2.4. You understand, acknowledge and agree that, except otherwise as expressly specified elsewhere in these Terms of Use, You acquire no right, title or interest whatsoever in or to the App, as it exists now or in the future, and all ownership, rights, title, interest and intellectual property rights in the App, including, but not limited to, all trade names, and any and all copyright, patents, trademarks, and service marks relating thereto, are and shall remain the property of the Company and/or its licensors, to the extent applicable, and nothing herein shall be construed as granting any rights therein to You.
2.5. Your personal data may be collected, used, processed or transferred during the creation of the Account of the App, access to or use of the App and use of any available function or feature of the App and such collection, use, process and transfer of that personal data shall be subject to the Privacy Notice, the link for which is provided in Section 10 “10 Privacy and Data Protection” below, which requires Your explicit acceptance separately from these Terms of Use.
3. Our Role
The Application is intended solely to facilitate connection between the Users and Vendors, and We do not have any control over and disclaim any responsibility in relation to the quality of Products offered by Vendors. By accessing the Application, you acknowledge and agree that:
3.1. Any disputes or issues with respect to purchase and sale of the Products are required to be settled directly with the Vendors.
3.2. We do not endorse, guarantee, or assume any responsibility for any acts or omissions of Vendors and make no representations or warranties regarding the Products, including but not limited to their quality, fitness for a particular purpose, or compliance with any applicable laws.
3.3. You consent to share Your name and contact details with the Vendors to avail Our Offering, including any additional personal data, and you acknowledge that such transmission may be necessary for fulfilment of the Offering. We will not be responsible for any use or handling of Your personal data which is shared by You with the Vendors.
3.4. We are not a party to any contracts entered into by the Users and the Vendors. Therefore, any and all commercial/contractual terms (including but not limited to pricing, shipping or freight, mode of payment, payment terms, delivery or performance dates, Product warranties) are offered by and agreed to solely between the Users and Vendors, without Our involvement.
3.5. We do not hold any right, title or interest over the Products nor do We have any obligations or liabilities in respect of such contract entered into between the Users and Vendors.
3.6. Cab/Taxi hire services: You understand that We act only as intermediaries between You and cab hire service providers and We do not operate cab or taxi services. In order to provide you an exhaustive choice of Vendors, We have empanelled a number of such cab and taxi Vendors. Further, You acknowledge and agree that We are not responsible for:
a. Cab drivers not reaching or departing on time.
b. Cab drivers behaving in an inappropriate manner or engaging in illegal activities.
c. Cab seats not being up to Your expectations.
d. Cab hire Vendors cancelling scheduled trips for any reason.
e. Your baggage getting misplaced/stolen/damaged.
f. Users waiting at the incorrect boarding location.
g. Any inconvenience, bodily injury, property damage or death caused during the cab/taxi trip.
4. Eligibility
You understand, acknowledge and confirm that:
4.1. You must be 18 years of age or older as on the date of installation of the App and be bound by the laws of the jurisdiction applicable to You. You must have full power and capacity to proceed with and conclude any Transaction (defined below) envisaged under these Terms of Use.
4.2. You must register and create the Account on the App through your mobile or hand-held device in order to install, activate and use the App.
4.3. You may only use the Application on Your mobile or other hand-held devices and operating systems that are authorized/recognized by the Company as being eligible to use the App.
4.4. You will use the Application solely and exclusively for Your own non-commercial use and at Your own risk. You have sole responsibility for any and all damages or liabilities in relation to any matters arising out of or in connection with Your usage of the App.
4.5. You will at all times be compliant with and be bound by these Terms of Use, and any technical and security requirements which are established by the Company.
4.6. You will at all times comply with (and Your use of the Application will at all times be in compliance with) all applicable laws, rules and regulations. The Application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules and/or regulations. It is Your responsibility to comply with all local laws, rules and/or regulations.
4.7. If You fail to comply with these Terms of Use, all rights granted to You in relation to the Application shall immediately come to an end and You will be required to immediately uninstall the Application and destroy all copies of the Application. Company, its licensors or its authorized dealers/distributors then shall not be responsible in any way for the use of the Application by You.
4.8. You will compensate Us in respect of any damages suffered or any losses or liabilities incurred to Us as a result of any and all claims, demands, actions, proceedings, costs, fees and expenses (including, without limitation, reasonable attorney’s fees and costs of any investigation) (collectively, “Claims”) in relation to any matters arising out of or in any connection with: (a) Your breach of or failure to comply with any of these Terms of Use, (b) Your failure to comply with any applicable laws, rules or regulations, and (c) any negligence, bad faith, fraud or wilful misconduct by or on behalf of You.
5. Permitted Use
5.1. Subject to Your compliance with these Terms of Use, You are permitted to:
a. Access and avail the Offering provided through the Application by registering and creating an Account.
b. Use the Account to receive data provided by the Company or Vendors.
c. Use the Account to update Your profile, contact details and any other relevant data provided by You.
5.2. You understand and acknowledge that the Account is accessible by the User’s registered mobile number and one-time-password (OTP) received each time of login. You undertake to:
a. Keep the OTP received highly confidential and not to disclose the same to any third-party.
b. Accept responsibility for all activities that occur under Your Account.
c. Inform Us immediately if You have any reason to believe that Your OTP has become known to anyone else, or if the OTP is being, or is likely to be used in an unauthorized manner.
d. Ensure that the Account data provided by You in the App’s registration form is complete, accurate, up-to-date and in compliance with the applicable laws.
e. Comply with any other additional security and authentication procedures that are implemented by the Company for verification of a User including but not limited to use of a quick response code.
5.3. Use of another User’s Account data is expressly prohibited. If You provide any data that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such data is untrue, inaccurate, or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the App (or any portion thereof).
6. User Conduct and Restrictions
6.1. You understand that You, are solely responsible for any comments, notes, messages, emails to the Company, for any postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or data posted by You on the App (collectively, "User Content"). You must use the App for lawful purposes and must not use the App:
a. in any manner that causes, or is likely to cause, the App or access to it to be interrupted, damaged or impaired in any way.
b. for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
c. for any malicious purpose.
d. to send, use or reuse any material that does not belong to You or is infringing upon a third-party’s patent, copyright, trademarks, trade secrets, publicity rights or any other intellectual property right; or is misleading, illegal, offensive (including but not limited to material that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another individual’s privacy, hateful, or which promotes racism, bigotry, hatred or physical harm or encourages money laundering or gambling, or is otherwise unlawful in any manner).
e. to cause annoyance, inconvenience or needless anxiety.
f. to engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the App.
g. to create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
h. to refer to any website or URL that, in Our sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
i. To use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any content, to do or attempt to do reverse engineering of the App as well as Company’s protected intellectual property, to obtain or attempt to obtain any materials, documents or data through any means not purposely made available through the App. We reserve Our right to bar any such activity to probe, scan or test the vulnerability of the App or any network connected to the App or breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any data on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any third-party service or data made available or offered by or through the App, in any way where the purpose is to reveal any data, including but not limited to personal identification or data, other than Your own data, as provided for by the App.
j. to make any negative, denigrating or defamatory statement(s) or comment(s) about Us or any brand or domain names used by Us including the term ‘Portameegos’.
k. violates any laws in force at the time being.
l. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
6.2. You understand and acknowledge that Company may not have a control over other users (including unauthorized users or "hackers") who may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal data about You due to Your negligent use of the App, and that the recipient may use such data to harass or injure You. We do not approve of such unauthorized uses, but by using the App, You acknowledge and agree that it is entirely Your responsibility to select the type of data that You publicly disclose or share with others on the App, as applicable.
6.3. Further, You also agree not to:
a. pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
b. engage in any communication or transaction with the Vendors outside of the Platform. You understand that We shall not be liable in any manner in respect of any communications and/or transactions including but not limited to purchase of Products or Services with Vendors beyond what is permitted by the Platform.
c. engage in advertising to, or solicitation of, other Users of the Application to buy or sell any Products or Services, including, but not limited to, products or services related to that being displayed on the Application.
d. use the Application for procuring alcohol, cannabis products, drugs, medication or any controlled or illegal narcotic substances from the Vendors, human body parts, illegal or controlled animal parts or products, animals/livestock, automobiles and motorised vehicles, financial and professional services, hazardous materials or chemicals, currency notes, coins or any form of hard currency, tickets, weapons and ammunition, and pornography.
e. enter into business-to-business transactions with Vendors.
f. use the Application in a fraudulent manner or such that it results in business loss to the Company, including but not limited to: (i) not responding to payment verification emails or failing to provide the required documentation for such payment verification, (ii) misuse of another User’s phone number or email ID, (iii) providing invalid addresses, phone numbers or email IDs, (iv) overuse of a voucher code or usage of a voucher code which is not tagged to the email ID used for creation of the Account; (v) return the wrong Product or making excessive returns; (vi) refuse making payment for the Products, (vi) snatch and run with any Products delivered; (vii) making excessive returns; (viii) repeatedly raising requests to obtain monetary compensation in respect of fake/wrong Products.
g. place bulk orders/fraud orders, i.e., (i) place orders for Products for commercial resale rather than personal consumption; (ii) Multiple orders or bulk quantity for the same Product; (iii) provide invalid details in respect of any order; (iv) employing technological glitches or loopholes while placing orders.
6.4. Company reserves the right to terminate Your Account or access to the App if Company at its sole discretion has reasons to believe that You have been involved in any of the activities mentioned above.
7. Orders and Delivery/Performance
7.1. You are requested to place orders for Products and/or Services, four to five days in advance of your arrival at the port of landing (“Order”) to ensure that Vendors have sufficient time to arrange delivery of Products or schedule the performance of Service.
7.2. All commercial terms regarding the Order such as price, delivery/ performance timelines shall be on a principal-to-principal basis between the User and Vendor. Therefore, as an intermediary, We will not be liable for any unsatisfactory Orders, including but not limited to delay in the delivery of Products or performance of Services for any reason whatsoever.
8. Payment, Returns and Refunds
8.1. The User may make payment for any Order only at the time of delivery/ performance, either in cash or electronically (“Transaction”). The User understands that the Application merely facilitates payment for a Transaction and does not collect, hold or transfer payments directly.
8.2. The Users agree and acknowledge that the Company will not assume any liability whatsoever with respect to any loss or damage which directly or indirectly results due to:
a. Users not having the authorisation to enter into the Transaction.
b. Users exceeding the preset limits agreed between You and Your bank.
c. Any payment issues arising out of any Transaction.
d. payments being declined for any other reason.
8.3. Therefore, Users acknowledge and agree that We shall not be liable in respect of any Orders, including but not limited to defective Products, unsatisfactory Services, delay in delivery of Products or performance of Services, Product warranty breaches, non-performance of after-sales services, fraud by Vendors, on account of the Application facilitating payment for Transactions.
8.4. While the Application provides for various modes of payments, You are advised to make payment for any Products and/or Services purchased by You through the cash-on-delivery mode.
8.5. Users acknowledge and agree that the cash or electronic payment facilities provided through the Application do not constitute banking or financial services or result in the creation of a fiduciary-trustee relationship.
9. Refunds and Return
Users understand and acknowledge that the sale of Products and Services forms an independent contract between the User and Vendor. Therefore, We shall not be liable and responsible in respect of any returns (in respect of the Products) or refunds (in respect of the Products and Services), and any such issues shall be resolved directly with the Vendor.
10. Privacy and Data Protection
10.1. All data shared by You through the App, including data required to create the Account, shall be collected, used, processed or transferred by Us in accordance with Our Privacy Notice. Please review Our Privacy Notice available <<insert hyperlink to the privacy policy>> to understand our policies and practices with respect to Your personal data. The personal data provided to Us by You during the course of usage of the App will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations.
11. User Generated Content
11.1. You hereby represent and warrant that You have all the rights necessary to permit Company to perform its functions and exercise its rights with respect to the User Content as contemplated by these Terms of Use, including all necessary permissions and consents to collect, use and disclose the User Content, as contemplated by these Terms of Use. You further covenant that You shall be solely responsible for the User Content and the consequences of its use, and that Company shall have no liability with respect to any User Content.
11.2. You hereby agree to grant Us worldwide, perpetual and transferable rights in such User Content. In the event any User Content contains personal data within the terms of the laws of India, collection and use of such User Content shall be subject to Our Privacy Policy Statement as mentioned herein.
11.3. You agree that any User Content You post may be collected and used by Us in accordance with Our Privacy Policy Statement, and You are not entitled to any payment or other compensation for such collection and use.
12. Monitoring of the App and the Account
12.1. The Company has the right and liberty to monitor the User Content of the App at all times which shall include data provided in Your Account.
12.2. The monitoring of the App is important to determine the veracity of the User Content provided by You and that every User remains in consonance with the Terms of Use provided herein.
12.3. Subject to the Terms of Use, the Company shall also have the liberty to remove any objectionable User Content, which is in contravention of the Terms of Use or share such User Content with any governmental authority as per procedures laid down by the law for the time being in force in India.
13. Intellectual Property Rights
13.1. Any and all rights to the App along with any upgrades/modifications thereto, and any documentation provided therewith, including title, ownership rights and intellectual property rights such as copyrights, trademarks, service marks and patents therein shall remain the sole and exclusive property of the Company. The text and images on the App are the property of or are licensed by the Company or by the applicable Vendor or third-party and are subject to copyright and other intellectual property protection. Portameegos's name and logos are registered trademarks of the Company. The trademarks and other names, logos and service marks may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of the authorized download, copy or transmission of materials in this Application. No license to use any of the Company’s or applicable third-party’s intellectual property, beyond what is included in the Application itself under these Terms of Use, has been granted by these Terms of Use.
13.2. From time to time, User may provide feedback, suggestions, requirements or recommendations (“Feedback”) regarding the App or the Offering. User assigns to Company all right, title and interest to such Feedback and an exclusive right to create any developments based on such Feedback.
13.3. User shall retain title to and all ownership rights in the User Content. Company shall not be liable in any manner whatsoever, for any claim arising out of or relating to the User Content.
13.4. If We receive any ownership claim against any User Content posted by You on the App, We may remove all such User Content, which is indicated as infringing and/or take any other appropriate action, in Our sole discretion.
14. Indemnity and Release
14.1. You shall indemnify and hold harmless the Company, from any claim or demand, or actions including reasonable attorney's fees, made by any third-party or penalty imposed due to or arising out of Your breach of these Terms of Use or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third-party, including any intellectual property rights. Company reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with Company’s defence and settlement of these claims.
14.2. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third-party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms of Use.
14.3. You may, without Our prior written consent, settle any third-party claims provided that such settlement: (i) provides for a full release of claims against Us; (ii) makes no admission of wrongdoing on Our part; and (iii) only entails payment of money to be funded by You.
15. Communications
Your usage of the Application entails electronic communication with us. We may communicate with you via e-mail, SMS, phone call or by posting notices on the Application, or any other mode of communication We may deem fit. For contractual purposes, You hereby expressly consent to receive communication from us over e-mail, SMS, phone calls or any other communication channels You provide or accept subject to Our Privacy Policy Statement.
16. Limitation of Liability
To the extent permissible under the applicable laws, We will not be liable to You or any third party for any direct, indirect, incidental, special or consequential (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) losses in connection with the App or these Terms of Use. To the maximum extent permitted by law, You waive, release, discharge and hold harmless the Company of actions arising out of Your use of the App.
17. Disclaimer
17.1. You acknowledge that it is not possible for the Company to make the App free from defects at all times. The App functions may be delayed, unavailable, not delivered and/or inaccurate and/or delayed or lagged from time to time due to a variety of factors, including technical reasons, inter-communication between servers, bandwidth, signal strength and/or network, for planned or unplanned maintenance or downtime or for any other reason which is beyond the control of the Company. The Application may be adversely affected by the performance of and any outages on mobile device networks, or when you are not in an area of mobile coverage, or other factors beyond the control of the Company or its licensors or its authorized dealers/distributors or any third-party, and neither the Company nor its licensors nor its authorized dealers/distributors will be liable therefor.
17.2. You understand and agree that the Application is provided “as is” and “as available”, and all warranties, representations and guarantees, express or implied, are hereby disclaimed to the fullest extent permitted by applicable laws. Without limiting the generality of the foregoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Application will be free from defects, errors, viruses or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed.
17.3. Neither the Company nor its licensors, sub licensors, authorized dealers/distributors nor any other third-party provider makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any data, including any details regarding the Products and Services, pricing information, delivery/ performance timelines or other data furnished through the App, or that any such data disseminated may be solely relied upon for doing any act or other purposes. You acknowledge that it is Your responsibility to verify any data that You elect to use when taking any action.
18. Term and Termination
18.1. You may stop using the Offering or uninstall the App at any time.
18.2. We reserve the right to terminate Your right and access to use the App with or without any reason whatsoever.
19. Modifications to the App or Amendments to the Terms of Us
We reserve the right to make changes, alterations, modifications, supplementations or updates to the App, including the contents, data, text, graphics, audio, video, links, or other items, in connection with Products and Services that are available on the App, policies, and these Terms of Use at any time without prior notification. You will be subject to the policies and Terms of Use in force at the time that You access to or use the App and the changed, modified, supplemented or updated version of the App shall also be subject to these Terms of Use (as may be amended by the Company) effective upon the date of changes, modifications, supplementations or updates.
20. Events beyond Our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these Terms of Use if such delay or failure is attributable to or arises out of any cause or circumstance which is beyond Our reasonable control. This condition does not affect Your statutory rights.
21. Severability
If any provision of these Terms of Use is held to be unenforceable or invalid, a court of competent jurisdiction may reform any such provision to the minimum extent necessary to make it legally enforceable. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
22. Waiver
If You breach these Terms of Use and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms of Use.
23. Governing law and Jurisdiction
23.1. These Terms of Use are governed by and construed in accordance with the laws of India. In case of any dispute arising out of or in connection with the use of the App, subject to arbitration, You agree, as We do, to submit to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.
23.2. Any dispute, controversy or claim arising out of or relating to these Terms of Use or in respect of its interpretation or the breach, termination or invalidity thereof shall be settled by reference to arbitration. The tribunal shall consist of a sole arbitrator, appointed with the mutual consent of both the parties. The language of the arbitration shall be English.
24. Grievances
24.1. You consent to the recording of telephone calls, use of the Offering and communication between us, via messaging or any electronic mode including via email, WhatsApp, etc. These recordings will be Our sole property and may be used for training or as evidence in the event of a dispute to the extent that the court allows.
24.2. Users may file a complaint/ share Feedback if they are disappointed by the content of the App or any Offering available on the App. They can provide their complaint/ Feedback in writing or by way of an email to customer support as mentioned below:
Email ID: Support@portameegos.com
24.3. You and We have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English.
25. Entire Agreement
These Terms of Use and the Privacy Policy Statement constitutes the entire agreement between You and the Company, relating to this subject matter and supersede any and all prior communications and/or agreements between You and the Company relating to this subject matter.
26. No Agency Relationship
You agree that no joint venture, employment, or principal-agent relationship exists between You and the Company as a result of accepting these Terms of Use or on account of Your use of the App.