TERMS AND CONDITIONS FOR USERS
(Bikes)
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE, INCLUDING THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
A. GENERAL TERMS
These terms and conditions, including the General Terms and Special Terms, along with any agreements executed or accepted by you (“you/your” or “User” or “Customer”), which are incorporated herein by reference (“Terms”), govern your access, use, or interaction with the mobile application (“Turtle App”) or website available at https://turtleindia.in/ (collectively, “Platform”), whether through a computer, mobile phone, or any other device (“Device”). They also govern the Services (defined below) provided by Turtlelogi Mobility India Private Limited (“Turtle” / “Company” / “us”, “we”, or “our”).
By using this Platform or availing of the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree with these Terms, please do not access the Platform or avail the Services.
These Terms expressly supersede prior agreements or arrangements with you. Your use of the Platform is subject to unconditional acceptance of these Terms and our Privacy Policy (incorporated herein by reference), along with any amendments made by the Company at its sole discretion.
I. SERVICES
We provide the following services (“Services”) to you:
1. Package Services – A Platform to facilitate the pick-up and drop-off of packages from one location to another through services offered by third-party drivers or vehicle operators (“Riders”).
2. Transportation Services – A Platform to facilitate the booking of two-wheelers (“Bikes”) and availing of transportation services provided by Riders.
3. Support Services – Other services such as payment collection as offered by Turtle from time to time.
II. YOUR REPRESENTATIONS, WARRANTIES, AND UNDERTAKINGS
By using the Platform or availing of the Services, you represent, warrant, and undertake the following:
1. You confirm that you are at least 18 years old. The Services are not available for persons under 18.
2. You will not allow minors to use Your Account unless accompanied and overseen by you.
3. You provide true, accurate, and complete information for account registration.
4. You will use the Services only for lawful purposes and in compliance with applicable laws.
5. You authorize Turtle to collect and process your information as per our Privacy Policy.
6. You will maintain the confidentiality of your account credentials and promptly report any unauthorized access.
III. OPERATION OF THE PLATFORM
1. You must register on the Platform and create an account (“Your Account”).
2. The Company will forward your booking request to Riders, who have sole discretion to accept or reject it.
3. Turtle does not provide transportation services directly. Riders are independent third-party contractors.
4. The Company reserves the right to modify or discontinue any mode of Service Requests.
IV. YOUR CONDUCT
By using the Platform, you agree that:
1. You will use the Turtle App for personal use only and will not resell or transfer your account.
2. You will not use the Platform for fraudulent or unlawful purposes.
3. You will not damage or interfere with the operation of the Platform or the Riders vehicles.
4. You will not misuse promotions, falsify documents, or engage in fraudulent activities.
5. You will not upload or transmit harmful, misleading, infringing, or offensive content.
Failure to comply with these conduct guidelines may result in termination of your account.
V. COMMUNICATION AND NOTIFICATION
1. Turtle may communicate with you via phone, email, SMS, WhatsApp, or other electronic means.
2. Any electronic communication will be deemed received within 24 hours of transmission.
3. Turtle will not be responsible for non-delivery or distortion of communication.
VI. PAYMENT FOR SERVICES
1. You must pay for the Services either via online payment on the Platform or in cash to Riders.
2. Service charges and cancellation fees (if any) will be notified on the Platform and may change from time to time.
3. Payments are non-refundable, and Turtle is not responsible for cash transactions between you and Riders.
4. Turtle facilitates UPI payments through third-party services.
VII. DISCLAIMERS
1. The Platform and its contents are provided on an "as-is" basis.
2. Turtle does not guarantee uninterrupted access or error-free operation of the Platform.
3. Turtle is not liable for delays, service interruptions, or loss arising from technical failures, natural disasters, or external factors.
4. The quality of transportation and package services is the sole responsibility of the Riders.
5. Turtle does not warrant the reliability, accuracy, or security of the Platform or Services.
By using the Platform, you acknowledge that the risk associated with availing of the Services rests solely with you.
VIII. INTELLECTUAL PROPERTY RIGHTS
1.
Ownership and Protection
Turtle is the sole owner and lawful licensee of all rights to the Platform, its
digital media, and content. This includes but is not limited to the design,
layout, text, images, graphics, sounds, and videos. The Platform and its
content embody trade secrets and intellectual property rights protected under worldwide
copyright and other applicable laws. All titles, ownership, and intellectual
property rights in the Platform and its content remain with Turtle, except for
third-party content and links to third-party websites.
2.
Definition of Intellectual Property Rights
"Intellectual Property Rights" includes:
o (i) Patent rights and utility models
o (ii) Copyrights and database rights, including moral rights
o (iii) Trademarks, trade names, domain names, trade dress, and associated goodwill
o (iv) Trade secrets
o (v) Industrial design rights
This definition extends to all registrations, applications, renewals, and
extensions in any jurisdiction.
3.
Reservation of Rights
All rights not explicitly granted under these Terms remain reserved by Turtle.
The information provided on the Platform is intended solely for general
informational purposes, with the user accepting full responsibility for its
use.
4.
Accuracy and Reliability Disclaimer
Turtle does not represent or endorse the accuracy, reliability, or quality of
any information, advertisement, product, or material distributed through or
linked on the Platform. Any reliance on such information is solely at the
user's risk.
5.
Trademark Protection
All related icons, logos, trademarks, service marks, or word marks of Turtle
are protected under applicable copyrights, trademark laws, and other
proprietary rights. Unauthorized copying, modification, or use is strictly
prohibited.
6.
Limited License
Subject to compliance with these Terms, Turtle grants users a limited,
non-exclusive, non-transferable license to download and install the Platform on
a single mobile device for personal use only.
7. Customer Data
o As between Turtle and the customer, all rights, title, and interest in:
§ (i) Customer-provided information
§ (ii) Other data input into the Platform by the customer or authorized users (“Other Information”)
§ (iii) Intellectual property rights
associated with the above
remain solely with the customer.
o Customer grants Turtle a limited, non-exclusive, royalty-free, worldwide license to use customer data as necessary to operate, maintain, and improve the Platform. Additionally, Turtle may use anonymized data for statistical analysis.
o The customer is solely responsible for the accuracy, legality, and reliability of all customer-provided data.
8. Aggregated Statistics
o Turtle may monitor the customer’s usage of the Platform and use anonymized data for statistical and operational improvements.
o Turtle retains exclusive rights to all aggregated statistics derived from customer data and may publicly share such anonymized insights.
9.
Prohibited Actions
Users are prohibited from:
o Licensing, sublicensing, selling, reselling, transferring, or distributing the Platform to third parties
o Modifying or creating derivative works based on the Platform
o Linking, framing, or mirroring the Platform on external servers or devices
o Reverse engineering, accessing, or attempting to replicate the Platform’s features, functionalities, or graphics
o Deploying automated scripts (e.g., bots, web crawlers) that may overload or disrupt the Platform
IX. THIRD-PARTY LINKS
1.
External Links Disclaimer
The Platform may contain links to third-party websites or services. Turtle has
no control over these external sites and is not responsible for their content
or any transactions users may enter into with them. Users access third-party
websites at their own risk.
2.
Privacy and Cookies
Users are advised to review the terms of use and privacy policies of
third-party websites before using them, as they may collect data independently.
X. EMERGENCY SOS
1.
Emergency Feature
Turtle provides an SOS feature on the Turtle App, allowing users to call for
emergency services by tapping the designated “Red” button. This triggers an
alert to Turtle’s internal emergency response team for prioritized assistance.
2.
Accident Assistance
In case of an accident, customers can request an ambulance through the Turtle
App. The emergency details can be shared with trusted contacts, as provided by
the customer.
3.
Misuse of SOS Feature
Users agree to use the SOS feature strictly for emergencies. Any misuse may
result in legal consequences as per applicable laws and Turtle’s internal
policies.
XI. TERM AND TERMINATION
1.
Indefinite Term & User Termination
Users may terminate their contract with Turtle at any time by deleting their
account on the Platform.
2.
Company Termination Rights
Turtle may terminate or suspend a user's access immediately if:
o The user violates these Terms
o The Platform or Services are misused
o There is suspected fraudulent activity
3.
Termination Notice
The Company is not obligated to provide advance notice of termination. However,
notice may be given post-termination.
4.
Force Majeure
Neither party is liable for performance delays due to unforeseen events such as
natural disasters, strikes, riots, or similar occurrences.
5.
Legal Action for Misuse
Turtle reserves the right to prosecute users who engage in fraud, misuse, or
any conduct harmful to the Company, other users, or third-party partners.
XII. INDEMNITY AND LIMITATION OF LIABILITY
1.
User Indemnification
Users agree to defend, indemnify, and hold harmless Turtle and its affiliates
against claims, losses, and damages arising from violations of these Terms.
2.
Defense and Settlement
Turtle may assume exclusive defense control in legal matters related to user
actions and settle at its discretion. Users must cooperate fully in such cases.
3.
Limitation of Liability
Turtle is not liable for any indirect, punitive, incidental, or consequential
damages.
4.
Maximum Liability
Turtle’s total liability for any claims under these Terms will not exceed INR
1,000/-.
XIII. GOVERNING LAW AND DISPUTE RESOLUTION
1.
Applicable Law
These Terms are governed by the laws of the Republic of India.
2.
Jurisdiction
Disputes will be resolved in the courts of Raipur, India.
3. Arbitration
o Disputes unresolved within 15 days will be referred to arbitration under the Arbitration and Conciliation Act, 1996.
o The arbitration will be conducted in English, with Raipur as the seat.
XIV. ASSIGNMENT
Users may not transfer their rights under these Terms without prior written approval from Turtle.
XV. SEVERABILITY
If any provision is found invalid under Indian law, it will be severed, while the remaining provisions will remain enforceable.
XVI. CHANGES TO THESE TERMS
Turtle may update these Terms periodically. Continued use of the Platform after updates implies acceptance of the new Terms.
XVII. NOTICES
Turtle may issue notices via email, Platform notifications, or written correspondence.
XVIII. CUSTOMER CARE AND GRIEVANCE REDRESSAL
Users can contact customer care for support via:
Grievances related to services must be reported within 24 hours. Complaints involving criminal matters must be filed within 72 hours.
Grievance
Officer: Vikram
Kumar
Email: support@turtleindia.in
Address: Turtlelogi Mobility India Pvt. Ltd., 138, Indira Para, Bhilai-3,
Dist : Durg, Chhattisgarh 490021