Terms And Conditions
TERMS & CONDITIONS
SEMJA, a dedicated transportation service platform, is proudly owned and operated by GREEN VARAKI INTERNATIONAL PRIVATE LIMITED. As the parent company, Green Varaki International Private Limited brings expertise and dedication to the forefront of the services offered through Semja. Our commitment to excellence and customer satisfaction is deeply ingrained in our company values, ensuring that every interaction with Semja reflects our dedication to providing top-quality services.
These “Terms and Conditions” are officially acknowledged as an electronic record in conformity with the Information Technology Act of 2000 and its associated regulations. It encompasses the provisions related to electronic records in various statutes, as amended by the “Information Technology Act of 2000”.
1) GENERAL
a) SEMJA, a leading figure in the realm of transportation booking services, is committed to shaping the future landscape of mobility, and by utilizing its platform, users consent to adhere to the terms and conditions delineated herein.
b) It’s important to note that these terms and conditions are subject to periodic modification and updates, underscoring the dynamic nature of the service and the need for ongoing compliance.
c) SEMJA Partners, upon registration and utilization of the platform’s services, assert that they are 18 years of age or older and possess a valid driver’s license issued by the Regional Transport Office (RTO) in accordance with pertinent regulations.
d) Vehicles associated with SEMJA Partners, spanning bikes, autos, cars, and heavy machinery, must maintain valid approvals including insurance, registration, and validity as mandated by law and RTO regulations to ensure compliance with safety and regulatory standards.
e) These Terms and Conditions provide clear delineations of roles within the SEMJA ecosystem, designating ‘SEMJA Partner’ as ‘Driver’ and referring to ‘SEMJA Rider’ or ‘Users’ as ‘Passenger,’ establishing clarity in user interactions.
f) By installing and registering with SEMJA, users expressly agree to abide by both the Terms and Conditions and the Privacy Policy, which govern all transportation services offered by SEMJA, ensuring consistency and uniformity across the platform.
g) Compliance with these terms is essential to foster a secure and transparent environment conducive to the seamless operation of transportation services provided by SEMJA.
h) Users are encouraged to regularly review the terms and conditions and privacy policy to stay informed of any updates or changes that may impact their usage of the SEMJA platform.
i) Adherence to the stipulated guidelines and policies not only safeguards the interests of users but also contributes to the overall reliability and trustworthiness of the SEMJA platform.
j) SEMJA’s commitment to providing a safe and efficient transportation service is reflected in its rigorous adherence to legal and regulatory standards, ensuring the well-being and satisfaction of both drivers and passengers.
k) The dynamic nature of the transportation industry necessitates ongoing adaptation and refinement of policies and procedures, underscoring SEMJA’s commitment to continuous improvement and innovation.
l) Through mutual agreement to these terms and conditions, SEMJA Partners and Users contribute to the establishment of a thriving and sustainable transportation ecosystem, driving positive change in the mobility landscape.
m) Upholding the principles outlined in these terms and conditions fosters a sense of accountability and responsibility among all participants within the SEMJA community, promoting mutual respect and cooperation.
n) Any breach of these terms and conditions may result in corrective actions, including but not limited to account suspension or termination, in order to maintain the integrity and security of the SEMJA platform.
o) By embracing these terms and conditions, users embark on a journey towards safer, more efficient, and more sustainable transportation solutions, with SEMJA leading the way towards a brighter future for mobility
2) APP INSTALLATION
a) Acknowledgment of compliance with the usage guidelines set forth by your internet service provider or mobile phone carrier is mandatory, recognizing that Software/Hardware compatibility and interoperability cannot be guaranteed.
b) Upon downloading the SEMJA App, users expressly agree not to engage in the resale of the application and refrain from authorizing others to utilize their account credentials, preserving the exclusivity and integrity of the platform.
c) Granting permission for location access is indispensable for ensuring the seamless provision of transportation services, facilitating accurate pickup and drop-off coordination.
d) Users must ensure that necessary permissions, including access to the camera, data, and contacts, are granted to enable essential functions such as profile setup, emergency contact management, and document uploads for the registration process.
e) Acknowledgment is made regarding the potential incurring of messaging, data, and storage charges while utilizing the Account, with users assuming responsibility for any associated carrier fees, ensuring transparency in financial obligations.
f) Full utilization of the Platform’s features necessitates registration for an account, during which accurate and up-to-date personal information must be provided to facilitate seamless user experience and service provision.
g) The utmost care must be taken to safeguard the confidentiality of login credentials, as users bear sole responsibility for account security, with SEMJA absolved of liability for losses due to unauthorized account access.
h) Users are strictly prohibited from engaging in platform misuse or attempting to disrupt its proper functioning through the use of harmful software or actions, ensuring the integrity and reliability of the SEMJA ecosystem.
i) Any attempt to compromise platform integrity through malicious activities will be met with appropriate measures to safeguard user interests and maintain service reliability, fostering a secure and trustworthy environment for all participants.
j) By agreeing to these terms and conditions, users affirm their commitment to responsible and lawful conduct within the SEMJA platform, contributing to a positive user experience and community engagement.
3) REGISTRATION
3.1) Eligibility and Account
a) SEMJA Partners are required to be of legal age, typically 18 years or older, in their respective jurisdiction to enter into a contract, ensuring responsible usage and adherence to relevant legal frameworks.
b) Partners must upload essential documents for verification, presenting necessary details during the approval process, including payment-related information and bank account details, to ensure legitimacy and compliance.
c) Providing accurate, complete, current, and valid information during registration is mandatory, aiding in identity verification, fraud prevention, and ensuring a seamless and reliable user experience.
d) Each user is permitted to have only one account associated with their Registration Data, preventing potential misuse and maintaining fairness in access to the platform’s services.
e) Users are responsible for ensuring that their device meets the minimum requirements for running the SEMJA application, guaranteeing compatibility and optimal performance for an uninterrupted experience.
f) Failure to comply with these terms may result in account suspension or termination, as well as potential legal consequences for violations of applicable laws and regulations.
g) By registering and using the SEMJA platform, users implicitly agree to abide by these terms and conditions, acknowledging the importance of providing accurate information and complying with usage guidelines.
h) Verification processes are in place to authenticate user identities and prevent fraudulent activities, safeguarding the integrity of the platform and the security of user accounts.
i) Any attempt to circumvent these terms, including creating multiple accounts or providing false information, may result in account suspension and legal action.
j) By agreeing to thesj)SEMJA reserves the right to update these terms and conditions periodically, with users being notified of any changes and expected to adhere to the revised guidelines to continue using the platform’s services.e terms and conditions, users affirm their commitment to responsible and lawful conduct within the SEMJA platform, contributing to a positive user experience and community engagement.
3.2) Acceptable Use
a) Lawful Use: Your use of the Application and Services is contingent upon adherence to their intended purpose and compliance with all relevant laws. This necessitates abstaining from engaging in illegal activities such as fraud, harassment, or the dissemination of harmful content, which could compromise the integrity of the platform.
b) Non-Transferability: The Application and Services are expressly non-transferable, non-saleable, non-sublicensable, and non-assignable, ensuring the exclusivity and integrity of the platform’s offerings for all users.
c) Prohibited Actions: You are strictly prohibited from undertaking any actions that may cause harm or disruption to the Application, Services, or our network. This includes activities such as hacking, spamming, or spreading viruses, which undermine the functionality and security of the platform.
d) Compliance Obligations: It is imperative that you furnish any requested information or documents promptly, and keep your Registration Data and provided information up to date. This ensures the accuracy of our records and facilitates the provision of uninterrupted service to you and other users.
e) Termination for Violation: Failure to comply with these terms may result in the termination of your access to the Application and Services, and may also incur legal consequences for violations of applicable laws.
f) Implied Agreement: Your use of the Application and Services constitutes implicit agreement to abide by these terms and conditions, acknowledging the importance of lawful and responsible behavior within the platform’s ecosystem.
g) Protecting Interests: Adherence to these terms not only safeguards your own interests but also upholds the reputation and reliability of the Application and Services for all users.
h) Unauthorized Transactions: Any attempt to transfer, sell, sublicense, or assign access to the Application and Services without authorization is strictly prohibited, and may result in immediate suspension of your account.
i) Security Measures: We undertake proactive measures to ensure the security and stability of the Application and Services, including regular updates and security patches to mitigate potential vulnerabilities.
j) User Cooperation: Your cooperation is essential in maintaining a safe and secure environment within the platform, fostering trust and confidence among all participants in the Application and Services ecosystem.
3.3) Network and Connectivity
a) Users are required to access the Application and Services only through authorized telephony or internet networks, ensuring both reliable connectivity and the prevention of unauthorized access to sensitive information.
b) Any charges incurred for messaging, data usage, or voice services while utilizing the Application and Services are the sole responsibility of the user, and may vary depending on the user’s device and network provider.
c) Adherence to these obligations is crucial for upholding a safe, secure, and enjoyable experience for all users within the Application and Services ecosystem.
d) By utilizing authorized network access and bearing responsibility for associated charges, users contribute to the overall sustainability and availability of the Application and Services.
e) Unauthorized network access or usage may result in the suspension or termination of access to the Application and Services, as well as potential legal consequences for violations of network policies or terms of service.
f) Users are encouraged to monitor their data usage and communication expenses to avoid any unexpected charges while using the Application and Services.
g) Ensuring compliance with authorized network access protocols helps to safeguard user privacy and security, protecting against potential threats or breaches.
h) Users acknowledge that adherence to these terms is essential for maintaining the integrity and reliability of the Application and Services platform.
i) Proactive measures, such as regularly updating network settings and reviewing data usage patterns, can help users optimize their experience and minimize associated charges.
j) By using authorized network access, users demonstrate their commitment to responsible and lawful use of the Application and Services, promoting a positive community environment.
k) The terms outlined herein serve to establish clear expectations regarding network usage and connectivity requirements, fostering transparency and accountability among users.
l) Through mutual adherence to these terms and conditions, users collectively contribute to the ongoing success and sustainability of the Application and Services platform, ensuring its availability for all participants.
4) SERVICES OFFERED
a) SEMJA extends a diverse array of transportation services, catering to various needs and preferences across categories such as Semja-Ride, Outstation, Commercial, delivery services, and heavy machinery.
b) Users benefit from the convenience of accessing these services seamlessly through the SEMJA app, facilitating efficient and hassle-free transportation solutions.
c) Special care booking options are available to accommodate specific needs, such as those of elderly individuals or pregnant women, ensuring their safety and comfort during transit.
d) Additionally, the “Pinkky Ponnu” service is provided to offer enhanced safety measures, particularly for vulnerable passengers.
e) Users acknowledge that different segments of the services may be accessible through various request options, including Semja-Auto, Semja-Bike, Hatch/Mini, Sedan Car, Compact-SUV, Premium-SUV/MUV, MegaCab, Go Adventure, Grand Touring Bus, and Heavy Machineries.
f) It is recognized that these services may be directly provided by SEMJA subsidiaries and affiliates or indirectly facilitated through independent third-party providers.
g) These third-party providers encompass drivers associated with transportation network companies or holders of transportation charter permits, among others.
h) Users understand that by availing themselves of SEMJA’s services, they may interact with individuals possessing relevant transportation permits, authorizations, or licensed credentials.
i) This acknowledgment underscores the multifaceted nature of SEMJA’s service ecosystem, designed to accommodate diverse transportation needs while upholding safety and reliability standards.
j) Through transparent communication and adherence to established protocols, SEMJA aims to provide a seamless and trustworthy transportation experience for all users.
4.1) Ride booking and out station
a) Users are provided with a diverse array of transportation modes to select from, including Bikes, Autos, Cars, Mega cabs, and Buses, offering flexibility to suit individual travel requirements.
b) The platform grants users the capability to schedule rides at their convenience, facilitating advanced planning and ensuring a smooth travel experience.
c) Partners within the network possess the ability to accept scheduled rides, thereby improving service efficiency and ensuring prompt response to user requests.
d) To maintain reliability and consistency in service delivery, a non-cancellation policy is enforced once a ride is confirmed, obligating users and partners to honor the agreed-upon ride without cancellations.
e) The extensive fleet options, ranging from Bikes to Buses, cater to the diverse preferences of users, providing a wide selection to meet varying transportation needs.
f) Users benefit from real-time updates on their scheduled rides, promoting transparency and enabling effective journey planning.
g) The scheduling capabilities and diverse fleet options offered by the platform underscore its commitment to delivering a comprehensive and user-centric transportation service.
h) By adhering to these terms and conditions, both users and partners contribute to the reliability and efficiency of the ride booking and out-station categories, ensuring a positive experience for all stakeholders involved.
4.2) Food Delivery services
a) SEMJA, in the context of food delivery services, does not provide any assurances or guarantees concerning specific details related to items, including but not limited to legal title, creditworthiness, identity, etc., about any of the Food Merchants.
b) It is recommended that you verify the legitimacy of any specific Food Merchant with whom you opt to engage through the Platform. Exercise your discretion and judgment in this matter.
c) The terms and conditions of all Merchant offers and third-party offers are governed by the respective party, and SEMJA does not bear any responsibility for such offers.
d) Our role is limited to providing delivery services as SEMJA Partners for the food ordered from the selected restaurant or shop those who registered with SEMJA.
e) Delivery Fee: The additional charge imposed on the customer to cover the cost of delivering the food to the specified location.
f) Minimum Order Amount: The lowest monetary value a customer must reach in their order to be eligible for delivery.
g) Estimated Time of Delivery (ETD): The approximate duration within which the ordered food is expected to be delivered to the customer.
h) Promo Codes/Discounts: Special alphanumeric codes or discounts provided by the platform that customers can apply to avail discounts on their orders.
i) Cancellation Policy: Guidelines and charges associated with canceling an order, which may vary based on the timing of the cancellation.
j) Order Tracking: feature allowing customers to track the real-time status and location of their food delivery from the restaurant to their doorstep.
k) Restaurant Ratings and Reviews: User-generated feedback and ratings for each restaurant, aiding customers in making informed decisions.
l) Contactless Delivery: A delivery option where the driver leaves the food at a designated spot, eliminating direct contact between the customer and the delivery person.
m) Peak Hour Surcharge: Additional fees applied during peak hours or busy periods to compensate for increased demand and delivery times.
n) Special Instructions: A section where customers can provide specific instructions to the restaurant or delivery person, such as dietary preferences or delivery instructions.
o)Hotels, restaurants, and other food producers are encouraged to register with SEMJA Services. If accepting user requests for food, ensure the availability of food items. Once an online order is placed, it is final and cannot be modified, canceled, or refunded.
p) Consignment: The goods or items that are to be transported and delivered to a specific destination.
5) BOOKING
a) Passengers can book services through our designated mobile application, SEMJA or by contacting our customer service.
b) SEMJA Partners can accept the incoming nearby booking in real-time with the notification that the same has to confirm the Ride.
c) SEMJA Partners and SEMJA Passengers/ users can simultaneously select a list of nearby available SEMJA Partners/SEMJA passengers/ User.
d) SEMJA facilitates the connection between independent transportation providers, referred to as SEMJA Partners or “Drivers,” and User or passengers, known as “Riders.” Passengers have the option to establish a negotiated offer price for their ride, and SEMJA Partners can either accept, counteroffer, or suggest an alternative price within the designated timeframe.
e) Passengers can select their preferred SEMJA Partners from those interested in accepting the ride offer.
f) Upon an SEMJA Partner’s acceptance of your service request, you will receive a notification containing the Partner’s details, including their name, contact number, vehicle registration number, and other relevant information.
g) Passengers must provide accurate pickup and drop-off locations, be ready for travel at the scheduled pickup time, and cancel or modify bookings in advance to avoid cancellation fees.
h) All parking and toll fees are the sole responsibility of the passenger. This includes any fees incurred for parking at the airport, train station, hotel, or any other location visited during the trip.
i) Transportation service payments can be made in cash or through the approved electronic payment methods. Payment is due at the end of the journey.
j) SEMJA Passengers / SEMJA Partners can cancel a booking within a reasonable time frame. Late cancellations may be subject to a cancellation fee.
k) Users must pay the amount shown on the Platform for the SEMJA Services they have used. Users might be imposed a separate service fee (“Service Fees”). It is required to pay the Service Fees before using any corresponding SEMJA Services.
5.1) Fare negotiation
a) Fare negotiation is a feature that allows users to bid on ride fares, enabling drivers to either accept the proposed amount or engage in negotiation for a fair price before confirming the ride.
b) During the negotiation, users have the flexibility to receive fare proposals from multiple nearby drivers simultaneously, providing them with the opportunity to choose the most reasonable offer.
c) In cases where multiple drivers agree to the user’s proposed fare simultaneously, the user can freely select the driver that best meets their preferences, fostering a competitive yet user-friendly environment.
d) The direct negotiation between users and drivers promotes transparency and the chance to establish a mutually agreeable fare for the transportation service.
e) Drivers, too, can propose alternative fares, fostering flexibility and encouraging both parties to reach a fair agreement that benefits everyone involved.
f) The fare negotiation feature is not limited to a specific mode of transportation; it is applicable to various services, including bikes, autos, cabs and other transportation services.
g) This versatility gives users the flexibility to utilize the negotiation process across different transportation options.
h) Nearby drivers are promptly notified of the user’s proposed fare, allowing them to review and decide whether to accept, negotiate, or propose an alternative fare.
i) Users can then accept the ride through the notification, ensuring a smooth process that involves reviewing the fare, designated location, and participating in any bidding process if applicable.
j) To assist users in making informed decisions, the app displays a list of nearby partner drivers along with the fares they propose. This feature empowers users to select a partner driver directly if they find the displayed fare acceptable, simplifying the booking process.
k) To assist partners in making informed decisions, the app displays a list of users requesting the rides along with the fares and destinations. This feature empowers partners to select a to select the partner ‘s desirable location.
6) CARGO Services:
a) The pricing for commercial vehicles is subject to variation, contingent upon factors such as the chosen vehicle type, the dimensions of goods being transported, selection of labor assistance, loading/unloading duration, and the location of the site.
b) Your agreement to these terms entails your commitment to personally being present during the loading and unloading processes of the consignment.
c) In instances where you are unable to attend in person, it is required that an authorized representative be present in your stead.
d) This stipulation ensures the smooth and efficient handling of the consignment, with adequate oversight and accountability during critical stages of the transportation process.
e) Your adherence to these conditions fosters a cooperative and transparent relationship between you, the service provider, and any authorized representatives involved in the logistics chain.
f) By acknowledging and complying with these terms, you contribute to the seamless execution of the booking process, optimizing efficiency and minimizing potential disruptions.
6.1) General instruction:
a) Should the actual weight or volumetric weight of a consignment exceed the declared weight after acceptance, the Parties will be responsible for any applicable differential charges.
b) SEMJA may share customer details with the service provider to facilitate the pickup and delivery of goods effectively.
c) The Parties are obligated to make all necessary payments to statutory bodies or government agencies concerning any consignment during transit or upon delivery.
d) The sender must provide complete sender and recipient addresses, valid contact telephone numbers, and accurate Postal Index Numbers (PIN codes). Any service failure due to inaccurate details will be the sender’s sole responsibility.
e) The consignment note is issued based solely on the parties’ declarations at the time of booking, and they remain liable for any consequences resulting from false or wrongful declarations.
f) SEMJA shall not be liable for any losses resulting from consignments held up by statutory authorities. The Parties agree to indemnify SEMJA for any losses incurred due to insufficient documentation, wrongful declaration, or delays related to such consignments.
g) SEMJA reserves the right, at its discretion or upon request from competent authorities, to inspect consignments at any time during the acceptance process, handling points, airline security gates, or at the request of statutory, regulatory, or security agencies.
h) If a consignment is not delivered due to various reasons such as incorrect address, refusal to pay duties/taxes, containing prohibited items, or damaged packaging, the Parties are still liable for freight charges and other dues to SEMJA.
i) If a consignment remains undelivered beyond 48 hours from the tendering date, demurrage/warehouse charges will apply at the rate of 0.1% of the consignment invoice value per day, or as determined by SEMJA. If unclaimed within a month, SEMJA reserves the right to proceed with the sale of goods to recover its dues.
j) Directors, owners, partners, and shareholders of SEMJA shall not bear personal responsibility for any claims or liabilities arising from service failures due to actions, situations, omissions, errors, or misleading statements from SEMJA employees, channel partners, or authorized agents.
k) In the event of non-delivery, the consignor can choose to return the shipment and will be responsible for the reverse movement charges. The return address is designated as the sender’s address at the time of booking.
l) The sender must confirm return orders with SEMJA in case of failed delivery, assuming responsibility for payment. When booking parcels, the consignor must declare the shipment’s value and contents, binding them to this declaration.
m) If the consignee doesn’t declare the shipment’s value, it’s considered zero. SEMJA will utilize consignor/consignee information for updates, SMS, or email notifications about delivery status and feedback collection solely to enhance customer experience.
n) Promotional information may be shared at the user’s discretion, with the option to opt out. Shipments cannot be sent to PO boxes. They’re delivered to the consignee’s provided address, not necessarily to the named consignee personally, and to central receiving areas if applicable.
o) If a consignee refuses delivery or the shipment is unacceptable, undervalued for customs, or the consignee cannot be identified, SEMJA will attempt return at the consignor’s cost.
p) If unable to return due to consignor’s fault or beyond SEMJA’s control, SEMJA may dispose of the shipment without liability. Requests to update delivery addresses after leaving the city of origin cannot be accommodated.
q) Changes to contact details must be communicated to SEMJA, potentially affecting delivery timelines, for which the consignor bears sole responsibility. SEMJA retains the right to refuse consignment bookings without explanation.
r) By engaging with SEMJA’s booking services, users acknowledge and accept that pickups are not available on Sundays, and scheduling of pickups on this day is not permitted.
s) SEMJA’s booking services strictly adhere to a policy of not accepting open deliveries, ensuring the security and integrity of shipments throughout the transportation process.
t) Shipments valued at INR 49,999 or higher are not eligible for transportation via SEMJA’s services, in accordance with company regulations.
u) In the event of a shipper’s rejection or unreachability for shipments requiring Regional Transport Office (RTO) handling, SEMJA reserves the right to levy demurrage or incidental fees for storing the products beyond seven days from the return initiation, up to a maximum of 14 days thereafter.
v) Should the shipper fail to accept shipments within the stipulated 14-day period, SEMJA retains the right to dispose of the products, with the user forfeiting any claims and assuming responsibility for payment of disposal fees and associated charges.
w) Volumetric weight for shipments is calculated using the formula: (Length x Breadth x Height) divided by 5000, ensuring accurate assessment of shipping costs based on package dimensions.
x) Shipments with incorrect weight or dimensions may be placed on hold, impacting delivery timelines; SEMJA disclaims liability for any resulting losses incurred due to such discrepancies.
y) In the event of disputes regarding payment or other issues, SEMJA reserves the right to withhold goods until the differential amount is settled, and possesses the authority to exercise a lien on disputed goods.
z) SEMJA reserves the right to levy additional fees as per the attached rate table if the volumetric or dead weight of shipments exceeds the declared weight post-scanning at the sort center, ensuring fair and transparent pricing for transportation services.
6.1) services
a) Pickup Point : The location specified by the user where the goods will be collected for delivery.
b) Delivery Address : The designated destination where the goods are to be delivered.
c) Delivery Time Window : The agreed-upon timeframe during which the user expects the goods to be delivered.
d) Proof of Delivery (POD) : A confirmation or documentation, often digital, indicating that the goods have been successfully delivered to the specified recipient.
e) Delivery Charges : The fees associated with the transportation and delivery of goods, which may vary based on distance, urgency, or other factors.
f) Cancellation Policy : The guidelines specifying conditions and charges related to canceling a delivery request after confirmation.
g) User Ratings and Reviews : Feedback and evaluations provided by users who have previously utilized the delivery services, helping others assess the reliability and quality of the service.
6.2) Labour Services:
a) SEMJA provides the option to Customers to utilize Labour Services by clicking on the “Include Labour” toggle on the review screen of the website/App.
b) “Labour Services” means that the service provided by the labour wherein labour undertakes the task of loading/unloading the consignment of goods from the loading/unloading point to the vehicle or vice-versa, as the case may be.
c) “Labour” means the driver of the vehicle and the person accompanying him in the vehicle. By clicking on the “Include Labour” toggle on the review screen of the Website/App or by availing the Labour Services, the Customer agrees to the following terms and conditions.
d) You acknowledge that the Labour Service is provided only for ground floor to ground floor loading/unloading. You acknowledge that the ground floor movement (distance between the transport vehicle and the loading/unloading point) shall not exceed 25 metres.
e) You acknowledge that the extra charges (as visible in the Invoice) for the Labour Service shall be payable by you.
f) You agree that you shall be present in person at the time of loading/unloading of Consignment. If you are not available, an authorized representative must be present.
g) You agree that SEMJA shall not be liable for misbehavior of the labour during the loading/unloading. However, you are requested to bring to the notice of Company such incidents. The Company, in its sole discretion, may take action in such matters.
6.3) Obligations:
a) Compliance with applicable law has been ensured by you.
b) However, various circumstances beyond our control may arise, including such as earthquakes, cyclones, storms, flooding, fire, disease, fog, snow, frost and any natural disasters.
c) Additionally, force majeure events like war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes, civil commotions could occur and any man-made disasters.
d) National or local disruptions in air or ground transportation networks, as well as mechanical issues with modes of transport or machinery, are also potential factors.
e) The latent defects or inherent vice in the contents of the consignment might impact operations.
f) Lastly, criminal acts of third parties, including theft and arson, represent further challenges that may arise beyond our control.
g) Despite these potential obstacles, your compliance with applicable law stands as a foundational assurance amidst the uncertainties of external circumstances.
6.4) Goods and consignments
a) You understand, agree and acknowledge that the Services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewellery, expensive luxury items etc. (“Valuables”).
b) If you handover or load the vehicles with Valuables for transportation, any loss, damage, theft, or misappropriation to or of the consignment shall be at your risk and not ours, for the reasons mentioned earlier.
c) Without prejudice, we shall not only have the right to explicitly and specifically disclaim any liability and/or responsibility arising or accruing from the damage, loss, theft, or misappropriation to or of the consignment or any contents of the consignment, but also the right to claim indemnification from you where we have suffered loss of reputation or goodwill due to your actions of breaching our terms of service.
d) You understand, agree, and acknowledge that if the consignment or any contents thereof are valued exceeding INR 25,000/- (Indian Rupees Twenty-Five Thousand only), you must obtain insurance from a General Insurance company operating in India before handing over the consignment for transportation.
e) In the absence of adequate insurance to cover the loss of goods in transit or if the consignment details/value are wrongly or inadequately declared, whether insured or not, the transportation of the consignment shall be entirely at your risk, not ours. We explicitly and specifically disclaim any liability and/or responsibility arising from damage, loss, theft, misappropriation, or any insurable loss to the consignment or its contents.
f) You further agree to indemnify us in all cases where we suffer loss of reputation or goodwill due to your breach of our terms of service.
g) In case of loss of any item, User(s) shall not have any right to withhold the payment to be made to SEMJA.
h) If any payments from the User to SEMJA remain pending for the period specified by SEMJA in its respective invoice/statement, SEMJA reserves the right, in accordance with the Applicable Law, to exercise particular lien over the consignment until full payment is made to SEMJA for the Services.
i) User(s) will be liable to indemnify SEMJA against any loss, damage, or expenses incurred by it due to the custody of the consignment during this period.
j) No, the goods are not insured. Our rates do not include any charges for insurance. The customer should choose to insure the goods being shipped on their own behalf.
6.5) Restricted items:
6.5.1) Perishable Items: Parties agree not to submit any consignment for transportation that contains perishable items with a shelf life of less than 7 days. SEMJA will not be held liable for any loss or damage to such consignments resulting from delivery delays.
The consignor must refrain from booking consignments containing the following items, and SEMJA cannot knowingly transport them:
a) Perishable food items
b) LEDs, LCDs, plasma, OLED, and any type of television screens
c) Liquid products, livestock, perishables, live plants
d) Flammable items such as firecrackers, oil cans, adhesives, paint cans, as well as explosives like arms, ammunition, fireworks, flares, gunpowder, airbag inflators, fire extinguishers, and electric lighters/cigarettes
e) Precious metals like platinum, gold, and silver, along with artificial jewelry, gemstones, and precious or semi-precious metals or stones in any form, including bricks
f) Alcohol, tobacco, medicines, drugs, poisonous goods, toxic and infectious items
g) Valuables, electronic devices, and high-capacity batteries such as car batteries and generator batteries
h) Machinery parts containing oil, grease, fuel, or batteries, as well as corrosive items like acids and chemicals
i) Radioactive materials, magnetized materials, pressurized containers, narcotic substances, medical and research equipment
j) Indian postal articles such as stamps, coins, banknotes, currency notes, Sodexo, or securities of any kind payable to bearer, traveler’s checks
k) Gambling devices, lottery tickets, pornographic material
l) Dry ice used for packaging or temperature control and other items considered contraband under Indian Postal law.
m) The consignors are prohibited from providing SEMJA with any original secure documents, including passports, Aadhar Cards, bank statements, credit cards, debit cards, bank checks, currency items, and other sensitive documents.
n) SEMJA does not has the necessary licenses to transport the aforementioned products/documents and thus holds no liability in such cases if consignors’ hand over such items without SEMJA’s consent for delivery.
7) PAYMENTS
a) The requirement to have at least one valid payment method, such as a Cash, UPI or an accepted payment partner. It is crucial to maintain accurate, complete, and up-to-date information in your account.
b) Failure to uphold this, which includes having an invalid or expired payment method on file, may result in your inability to access and utilize the services, potentially leading to the termination of terms with you by SEMJA.
c) SEMJA holds the right to establish, remove, or modify charges for any or all services or goods acquired through the use of the Services at SEMJA’s sole discretion.
d) Additionally, you recognize and consent that charges applicable in specific geographical areas may significantly increase during periods of high demand. SEMJA will exert reasonable efforts to notify you of applicable charges
e) you will be accountable for charges incurred under your account, irrespective of your awareness of such charges or their amounts.
f) SEMJA may occasionally extend promotional offers, subscriptions, and discounts to specific users, resulting in varying amounts being charged for comparable services or goods obtained through the use of the Services, and you agree to embrace such promotional
g) GST, if applicable, will be charged on the invoice based on the information provided at the time of booking.
h) Invoices will not be retroactively adjusted for failure to provide complete or accurate information necessary for GST registration.
Where applicable, the service recipient must pay taxes directly under the reverse charge mechanism.
8) SEMJA COMMUNICATION
SEMJA values clear and efficient communication to keep you informed and updated about the platform and your services.
a) Our SEMJA Partner / SEMJA Passengers are expected to always maintain a professional conduct.
b) Safety is paramount at SEMJA. Our Partner drivers must strictly adhere to all traffic laws and prioritise passenger safety. Reckless driving or any behavior jeopardising safety will not be tolerated.
c) SEMJA Partners are responsible for upholding impeccable cleanliness standards for their vehicles’ interior and exterior. This entails regular cleaning and maintenance to ensure passengers’ pleasant and hygienic experience.
d) Passengers are expected to treat SEMJA Partners respectfully and adhere to their instructions. Smoking, consuming alcohol, and engaging in any illegal activities are strictly prohibited during the journey.
8.1) Communication Channels
a) We may reach you electronically through push notifications, in-app-message, SMS, emails, WhatsApp messenger app or the available messaging platform.
b) We may also communicate via phone calls or written communication through postal mail or other means.
c) Any electronic communication sent to you (email, SMS, etc.) is considered received within 24 hours of sending.
d) This applies to online notifications and messages through the WhatsApp messenger app.
8.2) Customer Communication Consent
a) If you’re a registered customer who has shared contact details, you grant us explicit consent to reach you through various methods:
b) Calls and texts : We may call or text you using the phone number you provided, even if it’s not your primary number, as long as we believe we can reach you there.
c) Emails : We ma,y email you on the address you provided or associated with your platform account.
d) Automated Dialers : We may use automated calling systems and pre-recorded messages to reach you.
8.3) Communication Delivery Factors
a) The accuracy, speed, and clarity of communication depend on various factors beyond our control, like network availability and device settings.
b) While we strive for accurate and timely communication, SEMJA cannot be held responsible for any non-delivery, delays, or distortions in messages.
c) Staying informed and responsive to SEMJA’s communication is crucial for a smooth experience.
d) Be sure to promptly check messages, emails, and notifications to avoid missing important updates or instructions.
9) COMPLAINTS AND FEEDBACK
a) SEMJA monitors and records calls to SEMJA Partners to enhance customer service and effectively address complaints.
b) Passengers are encouraged to provide feedback or file complaints through customer service channels. We take all complaints seriously and will investigate each case thoroughly.
c) There are all FAQ questions with answers and instructions are provided to solve the overall options and requirements.
10) LIABILITIES
10.1) Personal Belongings
a) Passenger Responsibility: You, the passenger, are solely responsible for securing your belongings and avoiding items left behind during the journey. SEMJA strongly recommends taking full responsibility for your belongings.
b) Lost and Damaged Items: SEMJA is not liable for any lost or damaged items left behind in the vehicle. We recommend carrying valuable items with you and double-checking for any forgotten belongings before disembarking.
c) Unforeseen Circumstances: SEMJA shall not be held liable for any missed connections or consequential damages arising from delays or cancellations caused by unforeseen circumstances like natural disasters, flight cancellations, accidents, transportation breakdowns, adverse weather, sickness, political unrest-related closures, or similar incidents.
d) Alternative Arrangements: While SEMJA cannot guarantee alternative arrangements in such situations, we will do our best to assist you in finding alternative transportation options.
10.2) Vehicle Damage and Liability
a) Passenger Responsibility: You are fully responsible for the safety of the vehicles you use during the service. This includes preventing any damage caused by accidents, vandalism, or other means.
b) RP’s Non-Liability: SEMJA is not liable for any damages to transportation services, vehicles, tools, spare parts, equipment, or machinery incurred during your use.
d) Reporting: In case of a missing or stolen vehicle, immediately report the incident to the authorities and SEMJA representatives.
c) Passenger Precautions: We are not responsible for missing or stolen vehicles. Please take all necessary precautions to secure the vehicles, such as locking doors and windows, and using any available security features.
11) TERMINATION / SUSPENSION OF SERVICES
11.1) Contract Duration
Your agreement with SEMJA is for an indefinite period. However, you have the freedom to stop it at any time by simply deleting your account on the platform.
a) The SEMJA reserves the right to terminate or suspend your application if you fail to comply with any of the Terms and Conditions or rules.
b) Misuse or misrepresentation of identity or contact details will result in automated termination of services or platform use without prior notice.
11.2) Legal Recourse for Misuse and Notice of Termination
a) SEMJA reserves the right to terminate your access to the platform and services immediately (by disabling your account) under the following circumstances:
b) Violation of Terms: If you breach any term of the agreement, including misusing the platform or services.
c) Misuse or Fraud: If SEMJA, at its sole discretion, believes your actions constitute misuse or fraudulent activity.
d) Reason for Suspicion: If there is sufficient reason to suspect fraudulent activity linked to your account.
e) SEMJA reserves the right to terminate a user’s membership, deny access to the Platform, or take other appropriate action if SEMJA finds that the user is ineligible to use it or its services.
f) Beyond the specified grounds, SEMJA may also terminate your access at its sole discretion, without providing a specific reason.
g) SEMJA reserves the right to pursue legal action against you if your actions involve fraud, platform misuse, harm to any user, partner, or third party, or any activity deemed detrimental to the company’s interests.
h) While notice of termination is not mandatory, SEMJA will inform you of the termination after taking action, in accordance with the terms of this agreement.
i) Any violation of user terms, such as smoking, drinking, or misbehaving with the driver, is strictly prohibited.
j) If found engaging in such activities, you will be liable to risk termination of the ride and potential account termination by SEMJA.
11.2) Non-Waiver of Rights
a) In the event that a partner or user neglects to provide the essential details or documents essential for registering transportation services, the registration procedure will be halted.
b) This suspension will persist until the entirety of the required information is submitted in full accordance with the platform’s guidelines.
c) It’s imperative to understand that SEMJA’s decision to temporarily suspend the registration process in such cases is not indicative of a forfeiture of its rights.
d) SEMJA retains the right to uphold these terms and conditions, ensuring compliance and accountability for all users and partners.
e) Despite any leniency shown in the enforcement of these terms at a particular moment, SEMJA reserves the right to enforce them rigorously in the future.
f) This non-waiver clause emphasizes SEMJA’s commitment to maintaining the integrity of its terms and conditions, irrespective of temporary deviations in enforcement.
g) Users and partners should not interpret any leniency in enforcement as a relinquishment of SEMJA’s authority to enforce these terms in the future.
h) Compliance with the registration requirements is essential for the smooth operation of SEMJA’s transportation services and the safety of all involved parties.
i) SEMJA’s commitment to upholding these standards remains unwavering, ensuring a fair and consistent experience for all users and partners.
j) Any failure to adhere to registration protocols will result in the suspension of services until the necessary information is provided.
k) This policy underscores SEMJA’s dedication to maintaining transparency and accountability in its operations.
l) By acknowledging this non-waiver clause, users and partners affirm their understanding of SEMJA’s rights and responsibilities in enforcing its terms and conditions.
12) GUIDELINES
12.1) Professionalism
a) SEMJA Partners are expressly forbidden from actively soliciting tips or exerting pressure on customers for additional gratuities, ensuring interactions remain respectful and courteous.
b) Upholding personal hygiene standards is paramount, requiring SEMJA Partners to don clean and tidy, thereby contributing to a professional and polished appearance that enhances the overall customer experience.
c) A focus on personal hygiene further underscores the commitment to professionalism, fostering an environment where customers feel valued and comfortable throughout their journey.
d) Within the realm of customer service, SEMJA Partners are expected to extend warm greetings to customers upon pick-up and drop-off, fostering a welcoming atmosphere that sets the tone for a positive experience.
e) SEMJA Partners should assist customers with handling luggage as needed, demonstrating attentiveness and a willingness to go the extra mile to meet customer needs and preferences.
f) Prioritizing passenger comfort, SEMJA Partners are reminded to ensure that the air conditioning is activated before customers board, creating a pleasant and temperate environment conducive to a smooth and enjoyable ride.
g) These guidelines serve as a framework for maintaining professionalism and excellence in service delivery, aligning with SEMJA’s commitment to providing a superior transportation experience for all customers.
h) By adhering to these standards, SEMJA Partners contribute to the reputation and credibility of the platform, fostering trust and satisfaction among customers while upholding the highest standards of professionalism in every interaction.
12.2) Punctuality and Efficiency
a) Punctuality and Efficiency, it is imperative to prioritize the customer’s time, refraining from any activities that may cause undue delays or inconvenience, such as unnecessary stops for refueling or personal errands during a journey.
b) Respecting the customer’s time is paramount, and every effort should be made to adhere to the scheduled itinerary without unnecessary interruptions.
c) Drivers must possess a comprehensive understanding of the routes they traverse, ensuring most efficient paths to minimize travel time and avoid delays.
d) By familiarizing themselves with the intricacies of various routes, drivers can mitigate the risk of delays and provide customers with a smooth and efficient transportation experience.
e) Promptness in pick-up is essential for maintaining customer satisfaction and operational efficiency. Drivers are expected to arrive at the designated pick-up point before the scheduled time and promptly inform the customer of their arrival.
f) Effective communication regarding arrival times helps manage customer expectations and facilitates seamless coordination between drivers and passengers.
g) Any delays in pick-up must be communicated promptly to the customer, along with an estimated arrival time, to minimize inconvenience and uphold service standards.
h) By adhering to these guidelines, drivers can ensure punctuality and efficiency in service delivery, enhancing the overall customer experience and fostering trust and satisfaction within the SEMJA community.
12.3) Vehicle Maintenance and Cleanliness
a) Vehicle Cleanliness, it is imperative to uphold standards of cleanliness by maintaining a tidy interior and dashboard, ensuring a pleasant experience for passengers.
b) Adherence to these cleanliness standards necessitates a commitment to regular field audits, serving as a proactive measure to uphold cleanliness and hygiene standards.
c) Furthermore, smoking, chewing gum/masala, or consuming food inside the vehicle is strictly prohibited to maintain a fresh and odor-free environment.
d) These regulations are essential not only for passenger comfort but also for preserving the integrity of the vehicle and upholding professional standards.
e) By strictly enforcing these guidelines, SEMJA ensures that both drivers and passengers can enjoy a clean and hygienic environment during their transportation experience.
f) Any violation of these cleanliness regulations may result in penalties or account suspension to uphold the quality and reputation of SEMJA’s services.
12.4) Responsible Communication
a) Adequate Change: Always carry sufficient change to return to customers to avoid any inconvenience.
b) Communication Etiquette: Avoid fake calls, missed calls, or misuse of customer contact details after drop-off. Only genuine calls for informing about arrival are allowed.
12.5) Respectful and Safe Conduct
a) Disturbing Customer: Loud music, unnecessary horn usage, personal conversations, or unpleasant behavior are not allowed. Provide a peaceful and respectful ride.
b) Rude Behavior with Female Customer: Arguing, using abusive language, or raising your voice with any customer, especially females, is strictly prohibited.
c) Mobile Phone Usage While Driving: Use your phone only for calls from SEMJA representatives or customers. Avoid distractions to ensure safe driving.
12.6) Transparency and Honesty
a) Reporting to SEMJA: Never lie about the vehicle’s position or report incorrect meter readings. Maintain transparency and honesty in all dealings.
b) Driver Lying or Completing Service in Bad Faith: Follow the shortest routes and avoid misrepresenting information to increase fares.
c) Traffic Rules: Strictly adhere to all traffic rules, including signal compliance, and wear seat belts for your safety and that of your customers.
12.7) Responsibilities
a) Booking Acceptance: Once a booking is accepted and logged in, do not reject it or switch off your phone. Remain available for service.
b) Missing Luggage: Hand over forgotten items to the office or inform the customer promptly to ensure their belongings are returned.
c) Device Misuse: Do not misuse the SEMJA device in any way.
12.8) Safety and Well-being
a) Driving License & Documents: Always carry and present your driving license and relevant RTO documents during duty hours.
b) Sleeping in the Vehicle: Sleeping while performing taxi services is strictly prohibited. Ensure you are well-rested before starting the shift.
c) Substance Intake: Avoid consuming alcohol or narcotics while logged into the SEMJA portal.
12.9) Respectful and Inclusive Behavior
a) Abusive or Discriminatory Behavior: Avoid any behavior that makes customers uncomfortable, including discrimination based on any factor.
b) Rude Behavior/Customer Inconvenience: Do not ask customers to disembark mid-journey due to misunderstandings. In case of breakdowns, arrange another vehicle for the customer.
12.10) Additional Guidelines
a) Maximum Weight: Never exceed the manufacturer’s specified maximum weight limit for the vehicle.
b) Medically Fit: Operate the vehicle only if you are medically fit to drive.
c) Unauthorized Goods or Persons: Do not carry unauthorized goods or persons until the completion of the ride.
12.11) Passengers / Customers
a) Be Ready & Respectful: Arrive on time, treat drivers and others with courtesy, and avoid unnecessary delays.
b) Secure Your Belongings: Take full responsibility for your belongings, double-check before disembarking, and inform us promptly if anything is left behind.
c) Plan for Delays: Expect detours or unforeseen circumstances, like traffic or weather, and plan accordingly for potential missed connections.
d) Mind Your Safety: Buckle up, follow driver instructions, avoid distractions, and report any concerns immediately.
e) Respect the Vehicle: Treat the vehicle with care, avoid damage, and follow any additional usage guidelines.
f) Follow Communication Protocols: Respond promptly to driver calls or messages, inform them of any changes or issues, and use communication features responsibly.
g) Know Your Responsibilities: Review the Terms and Conditions for details on passenger obligations, liabilities, and safety protocols.
13) INDEMNIFICATION COMMITMENTS
As a Partner on the SEMJA platform, you agree to certain obligations to protect the company from potential losses or damages arising from your actions or conduct.
13.1) Broad Scope of Coverage
You agree to indemnify and hold harmless SEMJA, its affiliates, partners, and personnel from any losses, damages, costs, and legal fees incurred due to:
a) Breaches of your obligations under the agreements or driver terms and conditions.
b) Infringement of SEMJA’s intellectual property, including the app and platform.
c) Breaches of applicable laws, permits, or SEMJA policies.
d) Harm to SEMJA’s reputation due to your actions.
e) Damage, misuse, or loss of the driver app on your device.
f) Any death, fraud, theft, misconduct, negligence, or misrepresentation in your service provision.
g) Injuries or property damage to users caused by your vehicle or service.
h) Civil or criminal offenses committed by you during your work.
i) Failure to comply with your tax obligations.
13.2) User Complaints and Deficient Services:
a) As outlined in the terms and conditions under the User Complaints and Deficient Services category, users are expressly responsible for indemnifying SEMJA against any resultant damages or expenses arising from legitimate complaints about service quality or shortcomings.
b) This clause emphasizes the accountability users hold in ensuring the satisfactory delivery of services through the SEMJA platform.
c) In instances where users fail to meet expected standards, they bear the financial burden of rectifying any resulting damages or compensating affected parties.
d) By acknowledging this provision, users accept the inherent responsibility associated with providing reliable and high-quality services to SEMJA’s clientele.
e) This clause serves to uphold the platform’s commitment to user satisfaction and underscores the importance of maintaining service excellence.
f) Through adherence to these terms, SEMJA aims to foster a culture of accountability and continuous improvement within its community of service providers.
13.3) Limited Liability of SEMJA:
a) You acknowledge that as a user, your primary responsibility lies in indemnifying SEMJA against any liabilities incurred during your use of the platform.
b) However, it’s essential to note that SEMJA’s total liability under the terms and conditions outlined herein is subject to the constraints imposed by applicable laws.
c) SEMJA operates within the legal framework governing liability, ensuring that its obligations align with regulatory requirements and standards.
d) This limitation of liability serves to provide clarity and transparency regarding the extent to which SEMJA may be held accountable in various scenarios.
e) By agreeing to these terms and conditions, you accept and understand the boundaries within which SEMJA’s liability is defined, mitigating potential misunderstandings or disputes.
f) Rest assured that SEMJA is committed to upholding its responsibilities while adhering to legal guidelines, fostering trust and confidence in its services among users.
13.4) Importance of Compliance:
a) Compliance with indemnification commitments and adherence to all agreements and regulations are paramount within the SEMJA platform.
b) By fulfilling these obligations diligently, users contribute to safeguarding SEMJA’s interests and upholding the integrity of its services.
c) This commitment to compliance not only protects SEMJA from potential liabilities but also fosters a seamless and secure experience for all platform users.
d) Upholding these standards reinforces trust and reliability within the SEMJA community, promoting a mutually beneficial environment for drivers and passengers alike.
13.5) Cooperation and Transparency:
a) In the Cooperation and Transparency category of the terms and conditions, it is emphasized that in the event of any situation requiring indemnification, users are obliged to cooperate fully with SEMJA’s investigations.
b) This entails providing any pertinent information necessary to effectively resolve the issue at hand. Such cooperation is essential for ensuring transparency and accountability within the SEMJA community.
c) Users are encouraged to actively engage in the resolution process to uphold the platform’s integrity and trustworthiness.
d) Failure to comply with these cooperation measures may result in the suspension or termination of account privileges. By adhering to these terms, users contribute to fostering a culture of transparency and collaboration within the SEMJA ecosystem.
14) TRANSPORTATION SERVICES
a) Registering on the SEMJA Platform is highly encouraged, as it grants users access to and enables them to utilise the available transportation services. Registration may involve providing accurate and current information. Users will be considered SEMJA Partners upon successful registration.
b) Users must book a suitable vehicle based on the availability of seating and luggage size requirements. Please verify these details before confirming your booking.
c) You must track the pick-up point and drop-off point for each vehicle booking. This will help us to make sure everything runs smoothly.
d) Logistics must ensure the transported items are correctly sized and loaded into the vehicle. They should also confirm the items, their size, and loading capacity with the SEMJA Partner through a photo of the item/ and a chat message/phone call. This will help prevent confusion and ensure the items are transported safely.
e) Heavy machinery users are encouraged to contact SEMJA Partners/ SEMJA User for suitable Machinery/equipment and a photo of the area’s field/object/location or whichever is applicable. This will help us provide the best possible service and avoid vehicle or equipment damage.
15) MERCHANTS:
a) SEMJA only serves as a communication platform, and it is understood that the contract for the sale of any products or services is strictly a bipartite agreement between the Merchant and the Buyer.
b) If the Buyer raises complaints about efficacy, quality, or any other issues, SEMJA will inform the Merchant and redirect the Buyer to the consumer call Centre of the Merchant. The Merchant is responsible for addressing and resolving Buyer complaints.
c) If you file a complaint against any Merchant accessed through our Platform, we will assist you to the best of our abilities by providing relevant information, such as Merchant details and specific Order information, to facilitate a satisfactory resolution of the complaint.
16) GOVERNING LAW:
a) The operations of SEMJA are primarily governed by the Indian Contract Act of 1872, alongside a comprehensive array of specific regulations and laws meticulously crafted to regulate the transportation industry. These include landmark legislation such as the Motor Vehicles Act 1988, which lays down the foundational framework for the management and operation of motor vehicles in India.
b) Furthermore, statutes like the Central Motor Transport Rules, 1987, and the Carriage by Road Act 1988 provide additional layers of regulation, ensuring the safe and efficient movement of goods and passengers across the country.
c) The Central Motor Vehicle Rules 1989 and the Goods Vehicles (Regulation and Tax on Hire) Act, 1991, delineate specific guidelines pertaining to the registration, taxation, and operation of commercial vehicles, fostering compliance and accountability within the industry.
d) Integral to the regulatory landscape are acts such as the Central Motor Vehicle (Third Party) Insurance Act, 1995, which mandates the compulsory insurance of motor vehicles against third-party liabilities, safeguarding the interests of passengers and other road users.
e) The Road Transport Act, 1998, and the Motor Vehicles (Amendment) Act, 2019, represent key legislative milestones aimed at addressing emerging challenges and evolving dynamics within the transportation sector, ensuring its continued relevance and efficacy.
f) Embedded within these legal frameworks are provisions designed to uphold passenger safety, promote fair business practices, and mitigate risks associated with transportation services.
g) Within the context of SEMJA’s operations, these laws serve as foundational pillars, dictating the rights, responsibilities, and obligations of both service providers (SEMJA Partners) and service users (SEMJA Users).
h) In accordance with these regulatory imperatives, SEMJA imposes strict adherence to its Terms and Conditions, which encapsulate the essence of these legal provisions and govern the relationship between the platform and its stakeholders.
i) Any disputes arising from or in connection with these terms shall be subject to the laws of India.
j)The exclusive jurisdiction for resolving such disputes is vested in the courts of competent jurisdiction within India, ensuring consistency and coherence in legal proceedings.
k) It is incumbent upon users to familiarize themselves with the contents of these terms and conditions, exercising due diligence in understanding their rights and obligations.
l) Through this acknowledgment, users affirm that they have read, comprehended, and consented to the terms and conditions governing their interactions with the SEMJA platform.
m) Such adherence to regulatory compliance and legal standards underscores SEMJA’s commitment to fostering transparency, accountability, and regulatory compliance within the transportation ecosystem.
n) Users are thus assured of a secure and legally compliant environment in which to avail themselves of transportation services, with robust mechanisms in place to address any grievances or disputes that may arise.
o) The incorporation of these legal safeguards not only ensures the protection of user interests but also reinforces SEMJA’s standing as a responsible and law-abiding entity within the transportation industry.
p) Through continuous adherence to these legal standards, SEMJA endeavors to uphold the highest levels of integrity, trustworthiness, and regulatory compliance, thereby enhancing the overall user experience and fostering long-term sustainability.
q) As such, the convergence of legal mandates and contractual obligations serves as a cornerstone of SEMJA’s operational ethos, guiding its actions and decisions in accordance with the principles of legality, fairness, and accountability.
17) SEMJA CONFIDENTIALITY
17.1) Access to Confidential Information
a) s a driver on the SEMJA platform, you will have access to confidential information about SEMJA, its affiliates, and its users.
b) This includes data, market insights, documents, platform content, and user details like names, phone numbers, and even sensitive personal information as defined by applicable laws.
17.2) Confidentiality Obligation
a) You are legally bound to keep all confidential information strictly confidential. This means you cannot:
b) Sell or disclose the information to any third party, including competitors.
c) Use the information for any unauthorized purpose or personal gain.
d) Share the information outside the scope of your duties as a driver on the platform.
17.3) Secure Handling of User Data
a) User data, including personal information and sensitive details, is entrusted to you for your authorized tasks like providing rides and communicating with customers. You must:
b) Treat this data with utmost care and respect.
c) Implement appropriate security measures to protect it from unauthorized access, misuse, or loss.
d) Avoid any actions that could compromise user privacy or data security.
17.4) Competitor Disclosure and Damages
a) Disclosing confidential information to a competitor of SEMJA is strictly prohibited and may result in significant legal consequences. You agree to be held liable for any direct or indirect damages that SEMJA incurs due to such unauthorized disclosure.
b) Disclosing confidential information to a competitor of SEMJA is explicitly prohibited, constituting a serious breach of trust and may lead to severe legal ramifications.
c) App Users are bound by this agreement and acknowledge that any unauthorized divulgence of confidential data may result in significant legal consequences for both themselves and SEMJA.
d) By accepting these terms, users consent to assume liability for any direct or indirect damages incurred by SEMJA as a result of such unauthorized disclosure.
e) This provision underscores the critical importance of maintaining the confidentiality and integrity of SEMJA’s proprietary information, safeguarding its competitive advantage and reputation in the market.
f) Violation of this provision may result in legal action being taken against the user, highlighting the seriousness of the obligation to protect SEMJA’s confidential data
g) adherence to this clause ensures mutual trust and respect between SEMJA and its users, fostering a secure and conducive environment for collaboration and growth within the platform.
17.5) Reporting and Compliance
a) If you become aware of any potential breach of confidentiality or unauthorized access to confidential information, you must immediately report it to SEMJA. It is your responsibility to cooperate with any investigations and comply with all company policies and legal requirements regarding data security and confidentiality.
18) RIGHTS AND USAGE OF SEMJA
18.1) Limited App License
a) SEMJA grants you, the driver, a limited license to use the Service Provider App solely for providing transportation services to users and managing your fees.
b) This license is non-exclusive, non-transferable, and cannot be sub-licensed or assigned to anyone else. All rights not expressly granted to you remain with SEMJA.
18.2) Platform and Intellectual Property Ownership
a) The SEMJA platform, app, and all associated confidential information, including logos, trademarks, and technology, belong to SEMJA.
b) Using the app or platform does not grant you any ownership rights or permission to use any SEMJA intellectual property beyond the limited scope of providing services.
18.3) Restrictions on Intellectual Property Use
a) SEMJA holds sole ownership and legal rights to the platform, its design, content (text, images, videos, etc.), and technology. This includes trade secrets and intellectual property protected by worldwide copyright and other laws.
b) These cannot reproduce, copy, or disassemble any part of the SEMJA intellectual property, including the app, Icon, logos, or confidential information.
c) Reverse engineering or attempting to discover the underlying technology or information within the app is strictly prohibited.
18.4) Protection of Confidential Information
a) As a customer, you retain all rights, title, and interest in the information you provide to the platform (including user data and personal details) and any resulting intellectual property. This collectively forms your “Customer Information.”
b) Any information marked as confidential or obtained through your use of the platform must be treated as confidential and not disclosed to unauthorized individuals.
c) This includes user data, pricing information, and internal operational details.
18.5) Compliance with Agreement and Law
a) You agree to abide by all terms of this agreement and applicable laws while using the SEMJA platform and app.
b) This includes respecting user privacy, maintaining data security, and operating your transportation services according to legal regulations.
18.6 Aggregated Statistics and Ownership
a) SEMJA monitors platform usage and compiles anonymous, aggregated statistics based on Customer Information and data from other users. All rights and ownership of these Aggregated Statistics belong solely to SEMJA.
b) While SEMJA may share Aggregated Statistics publicly or use them for data analysis, these will never identify individual customers.
18.7) SEMJA Ownership and Exclusivity
a) Within the realm of SEMJA’s Ownership and Exclusivity category, it is explicitly stated that SEMJA retains exclusive ownership and legal rights over the entirety of the platform.
b) This ownership encompasses various facets, including but not limited to the platform’s design, content comprising text, images, videos, and other multimedia elements, as well as the underlying technology.
c) SEMJA’s proprietary technology and trade secrets are safeguarded by robust intellectual property protections, encompassing worldwide copyright laws and other relevant legal frameworks.
d) Users accessing the SEMJA platform implicitly acknowledge and respect SEMJA’s exclusive ownership rights, refraining from unauthorized use, reproduction, or distribution of any proprietary elements.
e) Any attempt to replicate, modify, or exploit SEMJA’s design, content, or technology without explicit authorization constitutes a breach of SEMJA’s Ownership and Exclusivity terms.
f) SEMJA’s commitment to maintaining sole ownership underscores its dedication to protecting the integrity of the platform and preserving its unique value proposition within the transportation services sector.
g) By utilizing the SEMJA platform, users consent to abide by these Ownership and Exclusivity terms, recognizing SEMJA’s prerogative to enforce legal action against infringements.
h) This declaration of ownership serves to clarify the boundaries of permissible use and underscores SEMJA’s authority to pursue legal recourse against any infringement or misappropriation.
i) SEMJA’s proactive measures to safeguard its intellectual property rights underscore its commitment to fostering innovation and sustaining a competitive edge in the marketplace.
j) Clarity regarding ownership and exclusivity rights within the SEMJA platform framework ensures transparency and legal compliance, promoting trust and accountability among all stakeholders.
18.8) Intellectual Property Rights
a) This term encompasses various legal protections for creative works and innovations, including patents, copyrights, trademarks, trade secrets, and industrial design rights. Each category may have registration, application, and renewal processes depending on jurisdiction.
b) Intellectual Property Rights (IPR) constitute a broad legal framework safeguarding various forms of creative works and innovations, encompassing patents, copyrights, trademarks, trade secrets, and industrial design rights.
c) Patents offer legal protection for inventions, granting exclusive rights to the inventor for a specified period, typically subject to registration with relevant patent offices and renewal procedures as dictated by jurisdictional regulations.
d) Copyrights safeguard original literary, artistic, and intellectual works, providing creators with exclusive rights to reproduce, distribute, and display their creations, often requiring registration with designated copyright offices to formalize protection.
e) Trademarks serve as distinctive symbols, names, or designs identifying goods or services, conferring exclusive rights to their owners and typically requiring registration with trademark authorities to ensure legal recognition and protection.
f) Trade secrets encompass confidential information integral to a business’s competitive advantage, such as formulas, processes, or customer lists, protected through non-disclosure agreements and internal security measures rather than formal registration.
g) Industrial design rights safeguard the visual appearance of manufactured products, granting exclusive rights to their creators for a specified duration, often subject to registration and renewal processes to maintain legal protection.
h) Compliance with jurisdiction-specific registration, application, and renewal procedures is essential to assert and maintain Intellectual Property Rights, ensuring legal recognition and enforcement of these protections.
i) Understanding the nuances of Intellectual Property Rights is crucial for creators, innovators, and businesses to navigate legal frameworks effectively and safeguard their intellectual assets from infringement or misappropriation.
j) Diligent management of Intellectual Property Rights involves proactive measures such as conducting thorough searches, documenting ownership, and enforcing rights through legal channels when necessary to defend against unauthorized use or infringement.
k) By acknowledging and adhering to the terms and conditions governing Intellectual Property Rights, users demonstrate respect for creators’ rights and contribute to fostering a fair and innovative marketplace that incentivizes creativity and innovation.
18.9) Trademark Protection
a) All icons, logos, and word marks associated with SEMJA are registered trademarks or service marks protected by copyright and proprietary rights laws. Unauthorized copying, modification, or use of these marks is strictly prohibited.
18.10) Customer Information and Ownership
a) As a customer, you retain all rights, title, and interest in the information you provide to the platform (including user data and personal details) and any resulting intellectual property. This collectively forms your “Customer Information.
19) DISCLAIMER
a) Please thoroughly review the subsequent terms and conditions before utilizing our booking and transportation service app. Using our app implies accepting and agreeing to abide by these terms and conditions.
19.1) SEMJA as a Platform
a) SEMJA acts as a facilitator, not a direct provider of transportation services. We manage the platform, connect you with drivers, and handle payments through the wallet.
b) Your contract is with the individual driver offering the service, not SEMJA.
19.2) Limited Warranty and Disclaimers
a) SEMJA provides the platform and app “as is” with no guarantees regarding their condition, suitability, or performance.
b) We disclaim all liabilities arising from using the app, device, or platform, including potential technical issues, errors, or malware.
19.3) Driver Responsibility and Liability
a) Drivers are responsible for adhering to all applicable laws, licenses, and their own terms of service.
b) SEMJA is not liable for any consequences of a driver’s breach of these obligations, including safety concerns or legal issues.
19.4) Unforeseen Circumstances and Interruptions
a) While we strive for uninterrupted service, we cannot guarantee constant availability of the app, platform, or transportation services.
b) Technical glitches, unforeseen circumstances, or external factors may cause temporary disruptions.
19.5) User Responsibilities and Terms
a) As a user, you agree to follow the SEMJA customer terms and conditions when using the platform.
b) These terms outline your responsibilities regarding booking, payment, and conduct during the ride.
c) By using SEMJA, you acknowledge these limitations and accept the platform’s role as a facilitator, not a direct service provider.
d) We encourage you to review the full terms and conditions for detailed information about your rights and responsibilities as a user.
e) If you have any questions or concerns about these points, please do not hesitate to contact SEMJA customer support.
f) Service Offering: Our booking and transportation service app provides a platform for users to book and manage transportation services. We do not own or operate any vehicles or transportation providers listed on our app. We are a facilitator that connects users with independent transportation providers.
19.6) Conduct:
a) SEMJA is a platform for responsible usage. You agree to use the app for its intended purpose, avoiding any illegal or unauthorized activities.
b) Respectful interactions and refraining from interfering with the app’s operation or misusing its contents are essential.
19.7) Warranty Disclaimer:
a) We strive to provide a smooth experience, but our booking and transportation services are offered “as is” and “as available.
b) We do not offer explicit guarantees regarding the app’s functionality or the information available on it. You acknowledge using the app at your own risk.
19.8) Limited Liability:
a) While we prioritize safety and quality, we cannot be held liable for any damages you might incur from using the app.
b) This includes direct, indirect, incidental, and consequential damages arising from your reliance on the app or services.
19.9) Indemnification:
a) You agree to protect us from any claims, liabilities, or damages caused by your misuse of the app or breach of these terms and conditions.
b) This includes covering any legal fees incurred due to your actions.
19.10) Agreement and Modifications:
a) These terms and conditions form the complete agreement between you and SEMJA regarding your app usage.
b) We reserve the right to update these terms at any time without prior notice. It’s your responsibility to stay informed about the latest version.
c) Continued use of the app after any updates implies your acceptance of the revised terms.
d) Remember, using SEMJA responsibly and understanding your commitments as a user are crucial for a smooth and safe experience for everyone. If you have any questions or concerns regarding these terms, please don’t hesitate to contact our customer support team.
e) If you disagree with the changes, you must stop using the service. Continuing to use the service indicates acceptance of the updated terms and the amended Agreement.
20) CONTACT US
a) For urgent inquiries or assistance, you can also contact our customer support team directly through the contact information provided on our APP/Website.
b) If you have any questions about these terms and conditions, please contact us at support@semja.in. You can also reach us through Telegram, Facebook, Twitter, and Instagram.
c) We are committed to providing prompt assistance and addressing any concerns you may have.
- Green Varaki International Private Limited
- New No: 37, 5th Floor
- Chateau D AMPA,
- Nelson Manickam road,
- Nungambakkam, Chennai,
- Chennai, Tamil Nadu 600 030
