Terms and Conditions
Thanks for using our products and services (“Services”). The Services are provided by jaavak.com (hereinafter referred to as “jaavak” or “Jaavak.com”), 9 Ambika Shoping Center, Near BSRTC Bus Stop,150 Feet Ring Road, Rajkot, Gujarat 360007
Please read these terms carefully. By using our services, you are agreeing to all terms & conditions set forth.
In this agreement, the words “including” and “include” mean “including, but not limited to.”
Jaavak.com or jaavak is a technology company that makes available a platform for matchmaking “consumers” seeking travel services from and to various destinations across India with “providers” who can provide such travel services. The services are delivered by the providers and jaavak acts simply as marketplace platform.
Services – jaavak engages in the business of provision of tour and travel related services through it’s platform. Collectively these are referred to as Services.
Platform – jaavak engages in the business of provision of tour and travel related services through its various platforms, including its website(s), communication systems like phone or SMS, customer service & call centers, customer and vendor management systems, support ticketing systems and across its web and mobile applications. Collectively, these ways of enabling our services are referred to as the jaavak Platform.
Consumer – An individual or organization that seeks services delivered by independent third-party Operators through the jaavak Platform. Such an individual or organization is a customer on the jaavak Platform. A customer seeks services either for their own use or use by another. However, a customer may or may not be the traveller (actual user of the service).
Provider, Provider Partner or Third Party Provider – An individual or organization that operates as an independent third-party and uses or interacts with the jaavak technology platform to receive marketing leads for consumers that can avail of the provider’s service or product. A provider or Provider Partner is an independent third-party who has a contractual relationship with jaavak.
When you use the jaavak Platform or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the jaavak platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USING OUR SERVICES
You must follow any policies made available to you within our Services.
Do not misuse our Services, for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
We take customer and driver safety seriously.
Customer’s pickup and drop address must be a valid residential, commercial (office, hotel, shopping mall, markets etc.) or public places (railway stations, airports, bus depots or any other known landmarks). Any isolated area where driver safety may be a concern shall not be considered as a valid pickup address. The Driver reserves the right to refuse a pickup from such location which he deems to be unsafe. The customer shall be required to select a valid and acceptable pickup point in such a case.
We advise and encourage the customers to verify the identity of the driver before the trip begins to confirm if they are travelling with the same person as assigned by Gujju. We also urge our customers to verify the license plate of the car and confirm if they are commercial (yellow plated) and matches the details provided by jaavak.
Similarly, the driver may seek customer’s identification proof to ensure that he is picking the right person(s) for the trip.
Considering safety of both Customer and Driver in mind, we usually do not allow a Driver to drive continuously for more than 6 hours at a stretch to avoid Driver fatigue and encourage change of Driver and if required, vehicle from major break points in the journey.
OUR PLATFORM AND ITS CONTENTS
The contents on our platform is for your general information and use only. It is subject to change without prior notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that you understand the terms listed on your booking confirmation emails, invoices and that the use of any products, services or information made available through our platform meet your specific requirements.
YOUR JAAVAK ACCOUNT
You may need a Jaavak Account in order to use our Services. You may create your own jaavak Account, or your jaavak Account may be assigned to you by an administrator, such as a call center representative at the time of creation of a reservation by phone. If you are using a jaavak Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.
To protect your jaavak Account, keep your password confidential.
You are responsible for the activity that happens on or through your jaavak Account. Try not to reuse your jaavak Account password on third-party applications. If you learn of any unauthorised use of your password or jaavak Account, please notify us immediately by email at [email protected] or phone number published to our website.
Jaavak may suspend your account at any time that your account is suspected to be misused, found to be used for any unauthorized purpose or suspected to be in violation of Jaavak terms and conditions.
Jaavak reserves the right to refuse service, terminate accounts, terminate your rights to use jaavak Services, remove or edit content, or cancel orders in its sole discretion.
PRIVACY AND COPYRIGHT PROTECTION
Jaavak’s Privacy Policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Gujju can use such data in accordance with our Privacy Policies.
Content displayed on our website is copyrighted by jaavak. We respect all copyrights and trademarks owned by third-parties. Any third-party content or logos displayed on this website are owned by the respective third-party. We expect you to respect all copyrights. You may not copy or reproduce any content offered by jaavak Services without express consent of jaavak.
REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.
You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.
By use of our services you undertake the responsibility to ensure that the service meets your needs and expectations. We provide the service ‘as-is’ and do not make any commitment to the content, nature, reliability or safety of the service.
You will not in your use of the Services cause nuisance, annoyance, inconvenience, personal or property damage, whether to the Third Party Provider or any other party.
IN CERTAIN INSTANCES, JAAVAK AND / OR PARTNER PROVIDERS MAY REQUIRE YOU TO PROVIDE PROOF OF IDENTITY TO ACCESS OR USE THE SERVICES, AND YOU AGREE THAT YOU MAY BE DENIED ACCESS OR USE OF THE SERVICES IF YOU REFUSE TO PROVIDE PROOF OF IDENTITY. NO CANCELLATION OR REFUND SHALL BE ISSUED IF WE DENY SERVICE DUE TO REFUSAL TO PROVIDE PROOF OF IDENTITY.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop some part of or an entire service altogether.
At most times, we include specific rules, terms, conditions and requirements that apply to the product or service that you use on our platform. You are expected to read, understand and comply with those terms. By using our services, you accept those terms and agree to comply with them.
You can stop using our Services at any time, although we would be sorry to see you go. Jaavak may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.
OUR LIST PRICING AND PROMOTIONS
Pricing for items (products or services) sold on the the platform may be subject to change at anytime without prior notice.
With respect to items (products or services) sold on the platform, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items may be mispriced or unavailable for delivery at your requested time. If the correct price of an item sold on the platform is higher than our stated selling price or if the item is unavailable for any reason, we will, at our discretion, either contact you for instructions before delivering on your order or cancel your order and notify you of such cancellation. We will waive applicable cancellation fees for such cancellations.
We offer promotions from time to time. No two promotional offers can be combined. Only 1 promotional offer can be applied to any order.
OUR WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER JAAVAK NOR ITS PROVIDERS, SUPPLIERS, DISTRIBUTORS OR AFFILIATES MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THEIR SAFETY, RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
THE SERVICES MADE AVAILABLE ON OUR PLATFORM ARE DELIVERED BY INDEPENDENT THIRD-PARTIES. IT IS YOUR RESPONSIBILTIY TO ENSURE THAT THE PROVIDERS SERVICE MEETS YOUR NEEDS. JAAVAK IS ONLY PROVIDING A MARKETPLACE PLATFORM FOR SERVICES AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OR OMISSIONS OF THE THIRD PARTY PROVIDER INCLUDING NON-ADHERENCE OF THE SCHEDULED TIMINGS, BEHAVIOUR OF THEIR STAFF, CONDITIONS INSIDE THE CAB, LOSS OF LIFE OR PROPERTY, DELAY, BREAKDOWN OR INCONVENIENCE SUFFERED BY ANY CONSUMER OF THE SERVICE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WE REQUEST THAT YOU USE YOUR JUDGEMENT WHEN USING OUR SERVICES AND WE SUGGEST THAT YOU DO NOT USE THE SERVICE IF IT DOES NOT MEET YOUR EXPECTATIONS. ALWAYS ENSURE BEFORE YOU RIDE THAT THE VEHICLE AND DRIVER MATCH THE IDENTIFICATION (DRIVER LICENSE, DRIVER NAME AND VEHICLE LICENSE PLATE) THAT WAS PROVIDED. JAAVAK TAKES APPROPRIATE MEASURES TO ENSURE THAT OUR PARTNERS, THEIR ASSOCIATED DRIVERS AND CARS ARE COMPLIANT WITH LOCAL LAWS. WHILE WE EXERCISE DUE DILIGENCE ON OUR PART, IT IS THE CONSUMERS RESPONSIBILITY TO MATCH THE VEHICLE AND DRIVER WITH THE INFORMATION PROVIDED BY JAAVAK BEFORE THEY RIDE. IF A CONSUMER DECIDES TO RIDE WITH A DRIVER OR IN A VEHICLE DIFFERENT THAN WAS SCREENED BY GUJJU, THEY SHALL BE SOLELY RESPONSIBLE FOR THE CONSEQUENCES.
FOR ALL PURPOSES, WE DO NOT ASSUME RESPONSIBILITY FOR ANY HARM, DAMAGE OR LOSS TO YOUR PERSON OR PROPERTY THAT MAY RESULT FROM SUCH ACTIONS OR INACTIONS RELATING TO YOUR ORDER ON THE JAAVAK PLATFORM. THIS INCLUDES AND IS NOT LIMITED TO MISSED TRAVEL ARRANGEMENTS. TRIP DELAYS THAT TAKE LONGER THAN ORGINALLY ESTIMATED, CONSEQUENCES OF ROAD ACCIDENTS OR ANY OTHER EVENTS THAT LEAD TO UNPLANNED OR UNDESIRABLE CONSEQUENCES INCLUDING MISSED CONNECTIONS TO FLIGHTS, TRAINS, MISSED APPOINTMENTS, MEETINGS OR IMPORTANT EVENTS OR ANY PHYSICAL DAMAGE TO PERSON OR PROPERTY.
WE DO NOT ASSUME LIABILITY FOR ANY DAMAGE CAUSED, WHETHER INCIDENTAL, CONSEQUENTIAL OR DIRECT. YOU AGREE THAT OUR LIABILITY IN ANY EVENT IS LIMITED TO Rs 10,000 OR THE ADVANCE PAYMENT RECEIVED FOR YOUR ORDER WHICHEVER IS LOWER.
CANCELLATION & REFUND POLICY
You may cancel your booking with us any time before your scheduled date and time of pickup. This may be done using the jaavak Mobile App / Website by logging with your registered credentials or by calling us anytime on the 24×7 Customer Care Helpline +91 7211186222.
However, you may be liable to pay cancellation charges under the following circumstances:
- if your booking is cancelled within 4 (four) hours of the scheduled pickup date and time, it shall be treated as a No-Show by the Customer. No refund shall be applicable in such cases and the entire Booking Amount/Advance shall be treated as Cancellation Charges.
- if your booking is cancelled prior to between 4 & 24 hours of the scheduled pickup date and time, a Cancellation Charge equivalent to 15% of the Booking Amount or the actual Advance amount received from the Customer, whichever is less, shall be applicable. The balance, if any, shall be returned to the Customer within 21 working days.
However, Jaavak maintains a Zero Cancellation Policy and this Cancellation Amount shall be credited to Customer’s jaavak account as jaavak Coins (Credits), which may be redeemed in part/full with any other jaavak Booking(s) in future. Usage of jaavak Coins shall be subject to terms and conditions as laid down on our website www.jaavak.om. A Customer may login to www.jaavak.com, using his login credentials to check his Jaavak App Coins Balance.
If for any reason your driver takes too long to get to you then the cancellation charge will be waived in the event of a cancellation request made at your end.
If there is a No-Show from your end, i.e. you are not at the pickup location and/or your assigned Driver is unable to get in touch with you on your registered phone number on the scheduled pickup date and time, the Driver shall wait for a reasonable period of half an hour from the scheduled Booking time and thereafter may treat the Booking as cancelled with no refund.
The onus shall be on the Customer to inform Jaavak at least 24 hours before the time of departure, for any delays or rescheduling of departure time and seek a confirmation from TravelGujju about the availability of the car at such rescheduled time.
In the event of cancellation of your booking, we shall be issuing a refund of the entire amount paid to us in advance for the given booking.
To request a refund, simply contact us with your booking details within thirty (30) days of your purchase. Please include your Booking ID (sent to you via sms and email after booking).
Optionally, please tell us why you’re requesting a refund – we take customer feedback very seriously and use it to constantly improve our offering and quality of service.
Refunds are usually processed within 21 days from the date of request and is limited to the amount paid to us in advance for the given booking.
Refunds are subject to Cancellation charges, if applicable (for details please refer to our Cancellation Policy above).
Jaavak shall not be liable or responsible for its failure to perform or delay in performance of the service obligations if such failure or delay is attributable to or arises out of any Force Majeure Event.
“Force Majeure Event” means an event that is not within the reasonable control of the Party whose performance is affected thereby and shall include any of the following events:
- acts of God or elements (such as, but not limited to, fire, explosions, drought, tidal waves, flood, frost, earthquake, storm, lightning, hurricane, tornado, epidemic),
- war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
- rebellion, revolution, insurrection, violent demonstrations, sabotage, or military or usurped power, or civil war;
- riot, commotion, strikes, go slows, lock outs or disorder, breach of peace, civil unrest, labour unrest,
- acts or threats of terrorism.
- action of statutory authorities, unions, local or central governments, civil or military authorities,
- telecommunication failure, quarantine or due to any other unforeseeable circumstances beyond the control of Jaavak.
For the duration of a Force Majeure event, the service obligations of Jaavak will be put on hold. Once the event has ended, the service may recommence. Jaavak shall not be responsible for disruption or cancellation of customer plans due to cancellation or delay in services by Gujju due to reasons attributable to Force Majeure Events.
SITE POLICIES, MODIFICATIONS AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective the day after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for Service, you should discontinue your use of our Service.
If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
These terms govern the relationship between Jaavak and you. They do not create any third party beneficiary rights.
If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of India will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be referred to an arbitrator appointed by Jaavak, failing him to any other arbitrator chosen by Jaavak and you in writing. The decision of such an arbitrator shall be binding on both parties.
For information about how to contact jaavak, please refer to our website.