Please read these Terms and Conditions and the Privacy Policy before browsing, downloading, installing, or using the Poorakh India Application or Website. Your download or use of the Poorakh India Application shall be deemed conclusively as your acceptance of these Terms and Conditions and the Privacy Policy.
THE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE THE SECTION TITLED "ARBITRATION AGREEMENT" BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE.
These terms and conditions, together with the privacy policy (https://poorakhindia.com/privacy_and_policy.php) (collectively, the "Agreement"), constitute a legal agreement between Poorakh India Services Private Limited., registered at A-140, Sector-63, Noida, Uttar Pradesh, India (201301), doing business as Poorakh India Services (the "Company"), and you ("you", "your" or "User") with respect to your use of the Poorakh India website and/or web application ("Website"), and mobile applications ("Mobile Application"), software and related online platform (collectively, the "Poorakh India Application" or "Application"), for accessing the Roadside Assistance Services (defined below). By using the Poorakh India Application, including but not limited to, visiting or browsing the Website or installing or downloading the Mobile Application, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to the Agreement as published from time to time on the Application. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT DOWNLOAD, INSTALL, BROWSE, USE, OR REGISTER TO USE THE Poorakh India APPLICATION.
The Company reserves the right to modify the terms and conditions of the Agreement or its policies relating to the Application at any time, effective upon posting an updated version of the Agreement on the Application. You are responsible for regularly reviewing the Agreement. Continued use of the Application after any such changes shall constitute your consent to such changes
The Mobile Application is provided by us and made available to you, through a third party mobile application distribution site ("App Distribution Site") for accessing the Services. The Agreement is between you and the Company only, and not any third party smartphone, tablet, computer or other electronic mobile device (collectively, "Device") manufacturer or application distribution ("Vendor"). The Company, not Vendor, is solely responsible for the Mobile Application and its content. Although Vendor is not a party to the Agreement, Vendor is a third party beneficiary of the Agreement, and therefore, has the right (and shall be deemed to have accepted the right) to enforce the Agreement against you.
Poorakh India services offered are as below:
Service Definition: RSA, when opted gives you access to emergency assistance for things like flat tires, dead batteries, fuel delivery, towing, winching, and more, depending on the plan. This plan is limited your two wheeler. When your vehicle breaks down, you can count on us to either repair your vehicle or or tow you to a repair shop. Through this service you can request for emergency tow and/or roadside assistance services (Roadside Assistance Services). Upon receipt of the Help Request, we will offer the requested Roadside Assistance Services through one or more third party independent convectors (‘Independent Service Provider’ or ‘ISP’) from a national network of independent service providers. The Company will collect one-time payment for the requested Roadside Assistance Services, and will arrange the payment of the ISP on your behalf. The following Roadside Assistance Services may be accessed:
- Towing
- Winching, available for up to fifteen feet from a paved publicly accessible area
- Tire Change, available with good spare tire
- Fuel available for up to two Liters of regular Petrol
- Jump Start, available for standard battery charges
- Lock Out, available for accessing typical light duty passenger vehicles (lock repairs and creating duplicated keys are not included)
1.1. Should your vehicle break down within area of coverage, your subscription plan benefits will ensure that you are provided with the services to get you moving.
1.2. Vehicle should be located at publicly accessible street highway, Garage or parking area.
1.3. Please make sure that either you of someone on your behalf is with your disabled vehicle when the Independent Service Provider arrives. Vehicles that are left unattended at the disablement site are likely to not receive the requested service, and you may she be charged for the ISP showing up to provide your requested services.
1.4. Subscriber can access free and unlimited phone call technical support, up to daily limit of 1 hour.
1.5. Subscriber’s two wheeler’s repair is temporary in nature and is done to the best ability of the mechanic given the conditions on Road. Later, the problem must be rechecked at an authorized services station.
1.6. If the repair incurs any cost, due to additional parts and consumables required by Poorakhindia to repair the vehicle. The Subscriber will be charged separately and shall pay it either during the service.
1.7. If vehicle is irreparable at road side and is inoperable, Poorakhindia would provide transport for two passengers inclusive of Subscriber of the broken-down vehicle to the chosen destination, within a limit of 30km.
1.8. Absolute peace of mind – In case of medical emergency, Poorakhindia would provide free services such as arranging ambulance, locating nearby hospital & doctors, informing family members etc., however the actual charges and payment to be borne by the Subscriber.
1.9. Benefits for positive conduct - Based on the continuous and intelligent behavior analysis done by computer based running algorithms, the Subscriber would receive multiple benefits.
1.10. By using the services, you comply with the terms and conditions of the Agreement, including providing information that can be relied upon by the company, such as your name, email address, telephone number, vehicle information (make, model, year, color), location information, and credit card or financial account payment information.
1.11. You will not use the Service to cause nuisance, annoyance or inconvenience.
1.12. You will only use the Service for lawful purposes; you will not use the Service for sending or storing any unlawful material or for fraudulent purposes.
1.13. The Company may verify the information you have provided and refuse your use of the Service without providing reason to you.
1.14. You will not impair the proper operation of the network, platform or Service.
1.15. You will use the Service solely for your own personal use and not for commercial purposes, and will not resell any of the services accessed through the use for a third party.
1.16. You will not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Application for commercial purposes.
1.17. You will not upload, post, publish, transmit reproduce or distribute in any way, information, software or other material obtained through the service which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the respective owner thereof, or which otherwise violates or infringes the rights of others, including, without limitation, patent, trademark, copyright, or other proprietary rights.
1.18. The Company reserves the right to immediately terminate the Agreement and your use of the Application should you not comply with any terms of the Agreement.
1.19. Subscriber should be following the Motor Vehicle Act, 2019 when riding the vehicle.
1.20. Poorakhindia shall try the best to make sure that Subscriber’s driving is always hassling free and fun.
Service Definition: This service is designed to offer information and a means to enable you to obtain virtual call and in-person consultations and treatment for non-emergency medical conditions by facilitating the connection between you and the healthServices professional through this service.
Poorakhindia IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, DOES NOT PROVIDE MEDICAL SERVICES, AND IS NOT A HEALTHServices PROVIDER. THE HEALTHServices PROFESSIONAL WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. WE ONLY ACT AS A PLATFORM TO CONNECT YOU WITH HEALTHServices PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH MEDICAL SERVICES.
Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. If you think you may have a medical emergency, call your healthServices professional or your local emergency number (usually 112) immediately.
2.1. To get above doctor on call / WhatsApp “DOC” @+91-7941050643 from your registered mobile number.
2.2. Order Medicines: Upload your prescriptions and get it delivered for FREE at your home with upto 20% discount!
2.3.Artificial Intelligence HealthServices Assistant - Connect with our easy-to-use Artificial Intelligence-powered healthServices assistant who is always available at your fingertips on our mobile application.
2.4. Free Doctor Chat - Ask any health related query to specialists in less than 30 minutes. Opt for a voice/video call with the specialist if you wish. Get Online Prescriptions from them.
2.5. Doctor over a Phone Call - You can speak to our specialist over a regular voice call too.
2.6. Privacy - Share details about your health problem by privately sharing reports, photos and more in our encrypted private chat. Your data is completely safe.
2.7. Medicine Details - Get FAQs, Advice, Compositions of over 100,000 prescription and OTC medicines. Order blood tests - You can order for blood sample pickups for FREE right from this app.
2.8. Artificial Intelligence-powered HealthServices Assistant: "Poorakhindia" is your one-stop healthServices assistant for all your healthServices needs. It will advise you regarding your fitness goals based on your personal tracked data, give insights and solutions to achieve your health goals. It helps manage blood sugar and blood pressure much better! It will assist you in losing or gaining weight, just like a personal dietitian does.
2.9. All Doctor on Call/Chat Services may not be available in your area.
2.10. Book Diagnostic Tests: Book blood tests with FREE home sample collection at upto 30% discount!
2.11. The rates that apply for the virtual call or in-person medical consultation services provided by the healthServices professionals can be found on our website and through the Application. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the medical services made available through the Application.
2.12. Poorakhindia shall, on behalf of the healthServices professional, charge you for the medical services provided to you by that healthServices professional. You agree that you will pay for all medical services you receive from the healthServices professional, and that Poorakhindia may charge your debit / credit card account, as provided by you when registering for the Services, for the medical services including any taxes and cancellation fees, as applicable, that may be accrued by or in connection with your account.
2.13. You are responsible for the timely payment of all fees and for providing Poorakhindia with a valid debit / credit card account for payment of all fees at all times. Any payment made is non-refundable.
2.14. We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Application will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a virtual call or in-person consultation with a healthServices professional), Poorakhindia will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.
2.15.At present we do not process any insurance claims, nor will the healthServices professionals process claims on your behalf. Although the consultations/treatments you receive from healthServices professionals through Poorakh India may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.
2.16. Subscriber should be following the Motor Vehicle Act, 2019 when riding the vehicle.
2.17. Access to our Services is administered in India (“IN”) and is intended for users in India. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful.
Definition: Extended Vehicle Protection assures that all covered parts, labor, and sales tax (if specified in the extended warranty) required for replacement or repair of covered parts in your vehicle will be paid on your behalf by the administrator of your Extended Vehicle Protection.
3.1. Covers and extends all the warranty provisions of OEM Warranty with applicable T&C, mentioned in the OEM Owner Manual and related documentation.
3.2. Starts from the end of the OEM warranty, and valid for 2 years.
3.3. This service is transferable however it is subjected to successful completion of all due diligence and verification of the supportive documents. Applicable administrative charges to be paid by the customer.
3.4. All the periodic maintenance and servicing are completed as per the OEM norms and conducted at the authorized service center only. Any servicing or repair done at non-Authorized center or non-authorized personnel shall make this facility and agreement null and void.
3.5. Subscribers should not be part of any modifications other than company fitted parts of their vehicle.
3.6. The fee paid is non-refundable.
3.7. Subscriber should be following the Motor Vehicle Act, 2019 when riding the vehicle.
3.8. All disputes are subjected to court of District Court of Aligarh.
Definition: Fixed amount AHDC, with a limit of maximum 10 days cumulative in the certificate year, will be provided, if the registered person, traveling as a driver or co-driver / pillion, met with an accident on the two-wheeler registered through this agreement.
4.1. Multiple claims during the year up to a maximum of 10 days.
4.2. Entry age min 18 years to 65 years to avail Accidental Hospital Daily Cash benefit minimum 24 hours of hospitalization is mandatory.
4.3. Subscriber should be following the Motor Vehicle Act, 2019 when riding the vehicle.
4.4. To claim the benefits, the Subscriber should be following all the benefits as per the traffic guidelines
Definition: In case of subscriber’s death, Poorakhindia shall pay the remaining subscribed two wheeler’s loan amount on behalf of subscriber.
5.1. Sum of Risk coverage equals to the surrender value of loan in direct connection to the vehicle covered under the assistance plan as above on the date of death of the person on whose name the above plan is issued, detailed T&C as per the detailed T&C document available on https://Poorakhindia.com/tnc.
5.2. Additional coverage of EMI amount payable by company in case the person on whose name the above plan is issued met with an accident and is hospitalized for more than 5 days so as a compensation of salary loss that month EMI will be paid by the company, this facility is available for use 2 times in a year detailed T&C as per the T&C document available at https://Poorakhindia.com/tnc.
5.3. Subscriber should be following the Motor Vehicle Act, 2019 when riding the vehicle.
Definition: If the subscriber is admitted in hospital for 5 or more than 5 consecutive days such that he or she is unable to earn. Poorakhindia on behalf of subscriber would pay EMI installment for subscribed vehicle.
6.1. The subscriber shall be admitted in hospital for 5 or more than 5 days.
6.2. If he / she has been relieved by the hospital within the time period, the service shall be rejected.
6.3. The vehicle should be subscribed with Poorakhindia to avail the services.
6.4. The account details available with Poorakhindia should be correct, to make the payment in the account.
6.5. Subscriber should be following the Motor Vehicle Act, 2019 when riding the vehicle.
6.6. No Cash payments shall be made
Rs. 15,00,000/-Cover is valid under the condition that insured is caught in an accident only when he/she was driving the vehicle registered under the Poorakh India plan mentioned in the certificate following the Motor Vehicle Act, 1932. At the time of claiming the insurance the Nominee shall submit below documents but not limited to:
1.) Filled and Signed Claim Form.
2.) Original Policy / Certificate Document.
3.) Death Certificate issued by the concerned authority.
4.) Police FIR.
5.) Cancelled Cheque and Bank Statement.
6.) Age proof of Insured.
7.) Post Mortem / VISCERA Report.
8.) Hospital Certificate/Records.
9.) Employer Certificate.
10.) Medical Certificate.
11.) KYC Documents (Photo Id and Address proof copy).
12.) Valid driving licence Of the rider is mandatory for the claim
13.) For the expressways where two wheelers are banned, the claims made in such cases will not be applicable.
Accidental Death
It is strictly restricted to Accidental Death due to accident Please refer to policy for detail information on Policy coverage Coverage is applicable to persons with age up to 70 years.
If the Insured person meets with an accident and sustains any bodily injury during the policy period which directly and independently of all other causes result in death / permanent total disablement within 12 months from the date of accident resulting solely and directly from accident then the company shall pay to the insured the sum set in the schedule to the insureds persons nominee, beneficiary or legal representative. Accidental Death: 100% of cumulative Sum Insured (CSI) Please refer to policy for detail information on Policy coverage
1.) War, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection, mutiny military or usurped power, confiscation, seizure, capture, assault, restraint, nationalization, civil commotion or loot or pillage in connection Herewith.
2.) Ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this exclusion, combustion shall include any self sustaining process of nuclear fission.
3.) The radioactive, toxic, explosive or the hazardous properties of any nuclear assembly or nuclear component or nuclear weapons material.
4.) Whilst engaging in Aviation or Ballooning whilst mounting into, dismounting from or traveling in any balloon or aircraft.
5.) Participation in any kind of motor speed contest (including trial, training and qualifying heats).
6.) This Insurance does not cover any loss, damage, cost or expense directly or indirectly arising out of - Biological or chemical contamination, Missiles, bombs, grenades, explosives.
7.) Services on duty with any Armed forces.
8.) Intentional self injury, suicide, or attempted suicide.
9.) venereal diseases, aids or insanity.
10.) Whilst under the influence of Alcohol or intoxicating liquor or drugs.
11.) Medical or surgical treatment.
12.) Whilst committing any breach of law with criminal intent.
13.) Child birth, pregnancy or other physical cause peculiar to the female sex.
14.) Terrorism / Terrorist Incident of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. Please refer to policy for detail information on exclusions and other terms and conditions.
Upon happening of any accident and/or injury which may give rise to a claim under this policy:
1.) You shall give the notice to our call center immediately and also intimate in writing at info@poorakhindia.com. In case of Death, written notice also of Death must, unless reasonable cause is shown, be given before internment/ cremation and in any case, within one calendar month after the Death. In the event of loss of sight or amputation of limbs, written notice thereof must also be given within one calendar month after such loss of sight or amputation
2.) All certificates, information and evidence from a Medical Practitioner or otherwise required by us shall be provided by you.
3.) On receipt of intimation from you regarding a claim under the policy, we are entitled to carry out examination and ascertain details and in the event of Death get the post-mortem examination done in respect of deceased person.
Following documents shall be required in the event of a claim For Death:
Policy Copy
1.) Duly filled up claims form
2.) Original Death Certificate or Death Certificate-Notarized/Attested by a gazette officer, if applicable
3.) Original F.I.R or F.I.R-Notarized/Attested by a Gazetted officer.
4.) Police Final chargesheet/Court Final order - Notarized/attested by a Gazetted Officer-if applicable.
5.) Spot Panchnama and Police Inquest report - Notarized/Attested by a gazette officer, if applicable.
6.) Post Mortem Report-Notarized/Attested by a Gazetted officer, if concluded.
7.) Viscera Analysis Report/Chemical analysis report/Forensic Science Lab report notarized/Attested by gazette officer, if applicable.
8.) Other Document as per Case details?Complete medical records including Death Summary; if hospitalized, Website Links/Newspaper cuttings, Other references.
9.) If claim amount is more than 1 lakh, AML Documents-Pan Card Copy, Residence Proof, 2 Passport size colour photos of claimant.
10.) Cancel Cheque with NEFT Mandate form-duly filled in by the claimant and bank.
11.) Any other document as required by the Company to investigate the Claim or Our obligation to make payment for:
A.) In respect of fatal claims, the payment is to be made to the assignee named under the policy. If there is no assignee, the payment is made to the legal representative as identified by Will / Probate / Letter of Administration/Succession Certificate.
B.) Where the above documents are not available, the following procedure may be followed: -
1.) An affidavit from the Claimant(s) that he/she(they) is (are) the legal heir(s) of the deceased.
2.) An affidavit from other near family members and relatives of the deceased hat they have no objection if the claim amount is paid to the claimant(s).
By using the Application, you agree to comply with the terms and conditions of the Agreement, including providing information that can be relied upon by the Company, such as your name, email address, telephone number, vehicle information (make, model, year, color), location information, and credit card or financial account payment information.
- You will not use the Application to cause nuisance, annoyance or inconvenience.
- You will only use the Application for lawful purposes; you will not use the Application for sending or storing any unlawful material or for fraudulent purposes.
- The Company may verify the information you have provided and refuse your use of the Application without providing reason to you.
- You will not impair the proper operation of the network, platform or Application.
- You will use the Application solely for your own personal use and not for commercial purposes, and will not resell any of the services accessed through the use of the Application to a third party.
- You will use the Mobile Application only on Vendor Devices that are currently running on an authorized version of the operating software for such Device; and as permitted by, and in accordance with, the usage rules set forth in the terms and conditions made available in the App Distribution Site.
- You will not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Application for commercial purposes.
- You will not upload, post, publish, transmit reproduce or distribute in any way, information, software or other material obtained through the Application which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the respective owner thereof, or which otherwise violates or infringes the rights of others, including, without limitation, patent, trademark, copyright, or other proprietary rights.
- You are legally authorized to make payments from the debit or credit card account provided through the payment tool in the Application; and there are sufficient funds or credit available to complete a payment using the debit or credit card account submitted.
The Company reserves the right to immediately terminate the Agreement and your use of the Application should you not comply with any terms of the Agreement.
The Company (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application. The Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application are trademarks of an affiliate of the Company or third parties, and no right or license is granted to use, copy, modify, or distribute them.
Subject to your compliance with the terms and conditions of the Agreement, the Company hereby grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use the Application, solely for your personal and non-commercial purposes to access the Poorakhindia Services on your Device. You have no right to sublicense these license rights. All rights not expressly granted to you are reserved by the Company, its affiliates and its licensors.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Agreement.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) create Internet "links" to the Application or "frame" or "mirror" the web application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the web application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; or (v) attempt to gain unauthorized access to the Application or its related systems or networks.
You are advised that the Company will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, injunctive relief or other equitable remedies. Except for the limited permission in the preceding paragraph, no express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights are granted by the Agreement.
Materials that you submit to us, including any feedback, data, questions, comments, suggestions, in any form or media, which may be submitted via the Application, telephone, text messaging, email, regular mail, or otherwise (collectively, "User Content"), may be treated by the Company as non-confidential and non-proprietary to you. By submitting the User Content, you grant the Company a worldwide, irrevocable, perpetual, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content.
Use of the Poorakhindia Application is free of charge for Users. You will be charged for the Service(s) that are provided or are attempted to be provided by the ISPs, at the rates identified during the time of signup in either Application or otherwise. These amounts will be collected by the Company. The Company reserves the right to introduce new or additional fees for the use Application or to change the current fees charged for the Services at any time in the future. Any fees that the Company may charge you for the Service(s) performed or attempted to be performed by the ISP, are due immediately and are non-refundable, subject to applicable law.
Company may use a third-party payment processor (the "Payment Processor") to link your transaction type during the transaction. The processing of payments or credits, as applicable, in connection with your use of the Application will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit/Debit Services or UPI issuer, in addition to the terms of the Agreement. The Company is not responsible for any errors by the Payment Processor. In connection with your use of the Application, the Company will obtain certain transaction details, which shall be maintained in accordance with the Company's Privacy Policy. All payments, charges, credits, as applicable, in connection with your use of the Application may appear on your bank account or credit card statement as "Poorakhindia Services”. A receipt of the charges for Services rendered will be emailed to your email account provided in the Application.
Upon receipt of a Help Request, Company will place an immediate payment authorization to your credit / debit card account in the amount quoted for such Services. The ultimate charge to your credit/debit card account will be for the cost of the actual Service(s) performed (in the case of additional payment for the services you took, the ultimate amount charged for such services will be based on the invoice generated. You may cancel your Help
Request at no cost to you, provided that no Services have been performed or attempted to be performed by the Independent Service Provider. Please make sure to cancel your request for services as soon possible if you decide that you no longer need the assistance. In the event that you have not canceled on a timely basis, or the ISP arrives at the disablement location and your vehicle has been left unattended, or the ISP is unable to provide services because your vehicle is not present at the disablement location that you provided, you will be charged the full amount for the requested service.
If you elect to use SMS text messaging as your preferred method of receiving communications from the Company, you (i) acknowledge that standard messaging and data charges will apply, (ii) represent that the mobile number is your own mobile telephone number; (iii) consent to the Company's use of this number for sending communications to you via SMS text messaging (including communications sent by automated equipment), including, without limitation, text messages to provide you with information related to your Help Request, such as the name and phone number of the Independent Service Provider and the estimated time of arrival at your location; updates to you on the service requested; next day confirmation and follow-up to ensure you were satisfied (which may include a satisfaction survey); and (iv) acknowledge that your consent to the foregoing is not a condition to purchase the Services.
The Company reserves the right to cancel the notification service at any time; you may cancel (opt-out) of the SMS text messaging notification service by replying to a Poorakhindia Application text message with a text message containing the word STOP.
Use of the Application requires involvement of hardware, software, services, and applications that were not developed by the Company and that are not under the control of the Company, such as your mobile phone, computer, laptop, tablet or other electronic device ("Device"), the network provided by your internet service provider or the mobile network provided by your wireless service provider, your Device's operating system, browser, email and SMS programs, dialer and other applications. The Company cannot assure you that such third-party hardware, software, services and applications will function correctly with the Application and expressly denies any liability related to the involvement and interaction with such third-party hardware, software, services and applications. You must comply with all third-party terms of agreement when using the Application.
Use of the Application requires the use of a data network operated by your wireless service provider and/or internet service provider to send both data and recorded audio from your Device to the Company, and to send information back to you. You are responsible for your own connectivity to the Application (including, without limitation, via mobile connection, internet access and other communications and connectivity), at your own cost and expense. Depending on your method of access and/or data plan, you may incur charges from your wireless and/or internet service provider(s) for use of their network and/or for specific services such as making phone calls, sending or receiving text messages and/or emails or other services.
You are solely responsible for any and all costs you incur as a result of your usage of the Application.
Poorakhindia hereby agrees to indemnify the subscriber from and against any risk related to services of this agreement. If the due to Poorakhindia’s RSA or DOC, subscriber has suffered a personal injury, as covered under AHDC and is meeting the applicable terms and conditions, his hospitalization costs will be borne by Poorakhindia as mentioned in AHDC and if the subscriber has passed away due to an accident on two wheeler, than the costs shall be borne by Poorakhindia as per Loan Protekt and EMI Protekt of this agreement.
Subject to Point 1 of Article 9, the subscriber should refrain from sharing the agreement details with third party. In case the same is identified and confronted by any third party Poorakhindia shall stop providing the services to subscriber to mitigate the costs arising. This would make the agreement null and void.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY.
The information, recommendations and/or services provided to you on or through the Application is for general informational purposes only and does not constitute advice. The Company does not guarantee continuous, uninterrupted access to the Application. Although the Company attempts to maintain the integrity and accuracy of the information accessible through the Application, we make no guarantees as to its correctness, completeness, or accuracy. The Company cannot and does not guarantee that (the contents of) the Application are free of errors, defects, malware and viruses.
THE COMPANY'S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY, ITS AFFILIATES, AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY INDEPENDENT SERVICE PROVIDER, EVEN IF THE COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Notwithstanding the foregoing disclaimers and limitations of liability, to the extent the Company is required to provide indemnification by applicable law, the Company, not Vendor, shall be responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property right. Additionally, the Company, not Vendor, is responsible for addressing any claims by you
relating to the Application or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in the Agreement shall be deemed an admission that you may have any such claim.
The Company may give notice by means of a general notice on the Application (which may include posting on the Website), electronic mail to your email address or SMS text message to your mobile phone number provided by you through the Application and on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address provided by you through the Application and on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or SMS text message). You may give notice to the Company at any time by writing only (such notice shall be deemed given when received by the Company), addressed to: Poorakhindia Services Private Limited, PO Box A-140, Sector-63, Noida, Uttar Pradesh, India (201301).
You agree to comply fully with all Indian and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
You represent and warrant that (i) you are not located in a country that is subject to Government of India, or that has been designated by the Government of India as a "terrorist supporting" country; and (ii) you are not listed on any indian Government list of prohibited or restricted parties.
Except as expressly provided otherwise, the Agreement will be governed by, and will be construed under, the laws of the Constitution of India.
You and the Company agree that any dispute, claim or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific
paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of the Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the Arbitration and Conciliation Act, 1996.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Arbitration Rules.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the Arbitration Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the terms of the Agreement.
The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Arbitration Rules. Each party shall bear its own costs and expenses, and only the prevailing party shall be entitled to an award of reasonable attorney's fees.
Changes. Notwithstanding the provisions of the modification-related provisions above, if the Company changes this "Dispute Resolution" section after the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of the Company's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).
The Company is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the Application). The Company is not obligated to give notice of the termination of the Agreement in advance.
• No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Agreement or use of the Application.
• If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
• The failure of the Company to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
• The Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
**Questions or Comments
**Should you have any questions, comments, complaints or claims relating to the Application or the Agreement, please contact us at between Poorakh India Services Private Limited., registered at A-140, Sector-63, Noida, Uttar Pradesh, India (201301), Attention: Legal/Consumer Privacy Inquiries Mailbox (Poorakhindia); or by email at infor@Poorakhindia.com. Please be sure to provide sufficient detail so that we may appropriately respond to your question or concern.
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