1.2. The Platform (i) provides an online digital ledger book / record book wherein the users (“You”), can record their trips and ledger entries with their respective customers and (ii) also allows You to generate an invoice summary which can be sent it to their respective customers and the customers could use the summary and make the payment of the amount to You in settlement of their obligations towards Your services (collectively, “Services”). For the purposes of this clause, Services would include any other future services Krab provides/proposes to provide.
1.3. Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties and such Agreements Krab might execute with you (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Krab’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not access the Krab Service.
1.4. In order to access the Krab Service, you need to (1) be atleast an age of 18 years, if you don’t meet the minimum age requirement your parent or guardian will enter into the contract on behalf of you, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also promise that any registration information that you submit to Krab is true, accurate, and complete, and you agree to keep it that way at all times. Furthermore, Krab undertakes no liability in relation to a violation of Terms and Conditions of Use by you.
2. CHANGES TO THE AGREEMENTS
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued accessing of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
3.1. To avail the Services, You would be required to create a profile/get-demo on the Platform (“Profile”) using Your email ID and phone number among other details. In addition to setting up username and password to create the Profile, You will be required to furnish certain details, including but not limited to Aadhar Card details, Pan Card details, phone numbers and details of its customers and businesses. You warrant that all information furnished in connection with the Profile is and shall remain accurate and true in all respects. You further agree and undertake to promptly update its details on the Platform in the event of any change or modification of such details.
3.2. You are solely responsible for maintaining the security and confidentiality of its username and password, and agrees to immediately notify Krab in writing to our office of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.
3.3. You expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise. You expressly excludes any liability for any unauthorised access to a Profile.
3.4. You agrees to receive communications from Krab regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about Krab and the Services; (iv) promotional offers and services from Krab and its third party partners, and (v) any other matter in relation to the Services.
4. KNOW YOUR CUSTOMER POLICY
4.1. Krab may require You to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to their identification documents (“KYC Documents”).
4.3. You agree that it may be required to submit additional documents as and when required by Krab or any of its third party service providers and if, in such an event, any additional information, data, or documentation is required (collectively, “Top-Up Documents”), the You hereby agrees to share such Top-Up Documents promptly upon request, and further, authorises Krab to process such Top-Up Documents. You agree and warrant to provide valid, true, complete, and up-to-date KYC Documents and Top-Up Documents. You further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the Your access to certain features of the Services may be limited or denied in such event.
4.4. The list of the KYC Documents and Top-Up Documents may be provided to the User at the time of creating the Profile/signing-up or at a later stage.
5. YOUR INFORMATION
5.1. Any and all information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Your Information”). Your Information may be exchanged between the users and your customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Platform.
5.2. Krab does not claim any ownership rights in Your Information, and you hereby expressly acknowledge and agree that Your Information remains your sole responsibility.
5.3. At the time of creating or uploading the Your Information with respect to your customers, You shall inform your customers of your use of the Platform to record such Your Information and Your Information related to future transactions and seek such customer’s express consent in this regard and to: The creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with Krab; receive communications from Krab regarding: (A) information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information about Krab and the Services; (D) promotional offers and services from Krab and its third party partners, and (E) any other matter in relation to the Services. If such customers fail to provide consent, or withdraw consent, You shall immediately cease to use the Services in relation to such customers. You shall be solely responsible for obtaining such consent from your customers and Krab shall assume that such consent as required under clause 5.1 above is sought and received by You if You provide details of Your Information relating to any of such customers at any time during the use of the Platform.
5.4. Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of material within Your Information, independent of whether it is or becomes unauthorized at a later point, may constitute violation of applicable laws and is strictly prohibited. Any such infringements may result in termination of your access to the Platform, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
5.5. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Krab shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
6. GRANT OF LICENSE
6.3. All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by Krab. Subject to compliance with these Terms, Krab grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
6.4. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Krab’s or any third party’s intellectual rights.
6.5. The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to Krab and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of Krab.
7. REPRESENTATIONS AND WARRANTIES
7.2. Your Information and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party rights, including, without limitation, any rights in confidential information.
7.3. You have obtained any and all necessary consents, permissions and/or releases in Your Information to publish the same on the Platform.
7.4. Your Information does not and will not create any liability on the part of Krab, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Krab reserves the right to remove Your Information, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Information breaches any of the foregoing representations or warranties, or otherwise violates any applicable laws.
7.5. You shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
7.6. You shall extend all cooperation to Krab in its defending of any proceedings that may be initiated against it due to a breach of the your obligations or covenants under these Terms.
7.7. While Krab uses commercially reasonable efforts to provide you with a daily backup of Your Information, You should regularly and independently save, backup, and archive Your Information.
7.8. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the You may not: Infringe either directly or indirectly any third party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party; except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services; use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware; use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof; engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; or violate applicable laws in any manner.
8. LIABILITY FOR YOUR INFORMATION
8.1. You hereby acknowledge and agree that Krab (i) stores Your Information and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading and storage such information, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Information that you upload, or store on or through the Platform, and to the extent permissible by law, Krab excludes all liability with respect to all content (including Your Information) and the activities.
8.3. Notwithstanding anything to the contrary contained herein, neither Krab nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless Krab, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
8.4. To the fullest extent permissible by law, Krab, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services; the occurrence or existence of any defect, interruption, or delays in operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to Krab’s records, programmes, services, server, or other infrastructure relating to the Services; or the failure of the Services to remain operational for any period of time.
9. THIRD PARTY SERVICES
9.1. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
9.2. Krab makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
10.1. You hereby agree to indemnify, defend and hold harmless Krab, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Krab.
11. DATA PROTECTION, PRIVACY AND COOKIES
12. TERM AND TERMINATION
12.1. These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
12.2. Krab may terminate your access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if you violate or breach any of your obligations, responsibilities, or covenants under these Terms.
12.3. Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
12.4. Notwithstanding anything to the contrary contained in the Terms, upon termination of Your access to or use of the Services, all amounts or outstanding amount due by you in relation to your use of or access to the Services shall become immediately payable.
13.1. The use of the Services is at your sole risk.
13.2. You acknowledge and agree that Krab is not engaged in the provision, grant, or disbursement of any financial product. Further Krab does not act as an intermediary and does not collect or facilitate the collection of monies. Krab is not and will not be responsible for any claim or for any damages suffered, whether by you, your customers or any other person or party, that are related, directly or indirectly, to or arise out of the same including any payments made by you or your customers. You further agree and undertakes to retain proof of sale documentation (in electronic or physical form) in connection with each payment link it generates or sends to customers.
13.3. Krab is only a technology platform service provider and: is not registered with the Reserve Bank of India; does not hold any license to engage in any activities relating to financial products; is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India; and is not an intermediary under the applicable laws.
13.4. To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. Krab does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
13.5. To the fullest extent permissible under applicable law, Krab expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
13.6. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that Krab shall have absolutely no liability with respect to the same.
14. CONSENT TO USE DATA
14.2. Krab may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
14.3. Subject to applicable laws, Krab may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, Krab shall have the right to share such data with relevant agencies or bodies.
15. MAINTENANCE OF RECORDS
You shall maintain the records of all payment transactions on the Platform independently of the Platform (by way of physical copies et cetera) and Krab reserves the right to seek copies of such records for their own use including record keeping.
Krab reserves the right to charge a convenience fee for the Services and non-payment may result in denial of Services.
Krab reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. Krab shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
18. ASSIGNMENT TO THIRD PARTIES
Krab may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Krab. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Krab.
20. ENTIRE AGREEMENT
21. THIRD PARTY RIGHTS
22. APPLICABLE LAW AND JURISDICTION