Terms of Use

Please read these Terms and Conditions (“Terms”) carefully. By using or accessing the information service platform (“Platform”) through our applications (“Mobile based Application”) or websites to receive services made available by ‘’Scooton’’ under brand name of ‘’Ojay Tech Private Limited’’, a company with its registered office at 3^rd floor, E-6, Office No. 3, Hans Raj Sethi Marg, KalkaJi, New Delhi – 110019, you hereby agree that (i) you have read and understand these Terms (ii) you will comply with these Terms (iii) you have the right and authority to enter into these Terms and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Platform and to bind such organization to these Terms; and (v) these Terms whether stated or otherwise referenced herein set forth rights and obligations and constitute a legal binding agreement between you and Ojay Tech Pvt Ltd governing your access or use of the Platform. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICE.

These terms of use (“Terms of Use”) mandate the terms on which users (“you” or “your” or “yourself” or “Users”) interested in browsing or availing Scooton Services (defined below), and accessing the platform www.Scooton.app and the mobile application owned and operated by Ojay Tech Private Limited (“Scooton”) collectively referred to as, the “Platform” connects with registered User on the Platform and with delivery partners (“Delivery Partners”) to avail the Scooton Services. Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By clicking on the “I Accept” button, you accept this Terms of Use and agree to be legally bound by the same. Use of and access to the Platform is offered to you upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by Scooton at its sole discretion and posted on the Platform from time to time. For the purposes of these Terms of Use, the term ‘Scooton’ or ‘Us’ or ‘We’ refers to Ojay Tech Private Limited. The term ‘you’ refers to the user or visitor of the Website and/or App. When you use our services, you will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.

‘’Scooton’’ provides the mobile application based delivery services which are meant to connect you (registered user) and independent third-party delivery partners who provide transportation and/or logistic services. You acknowledge that all the transportation and/or logistic services provided by Delivery Partner shall not be deemed to be provided by Scooton. You further acknowledge that Scooton by itself does not own, employ or provide transportation and/or logistic services or function as a transportation carrier, common carrier or public carrier. In addition, Delivery Partner shall not represent to be an agent, employee or staff of Scooton.

PART A – GENERAL TERMS RELATING TO SCOOTON SERVICES

Registration:

You shall be permitted to access the Platform, avail the Scooton Services and connect with Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. your ability to continue using the Platform, Scooton Services is subject to your continued registration on the Platform. you will be required to enter your personal information including your name, contact details, valid phone number while registering on the Platform.
you are the sole authorized user of your account and your Account shall not be resold or authorized to any third party.
As a part of the registration, you may be required to undertake a verification process to verify your personal information and setting up the Account.
Scooton holds the right to include/exclude you from promotions, referral programs or loyalty programs.
Scooton shall have the right to display the information, feedback, ratings, reviews etc. provided by you on the Platform. you agree and accept that as on the date of your registration on the Platform, the information provided by you is complete, accurate and up to date. In the event of any change to such information, you shall be required to promptly inform Scooton of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. you acknowledge and accept that Scooton has not independently verified the information provided by you.
while using the software/App provided by Scooton (“mobile app”), you are permitted to install a copy of the app on your device for your use provided that other than the license to use the Software granted hereof, no other license or right is hereby granted to you and the ownership of the Software and all other rights are hereby expressly reserved by Scooton and its suppliers, provided further that you shall not:(i)rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties; (ii) use the Software or the Services for any commercial purposes; (iii) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; (v) probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform; (vi) modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software; (vii) interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software; (viii) upload or send out any kinds of computer viruses, worms, trojans, or malicious codes; or (ix) you shall not install and/or execute the Software on any device other than the mobile device running the operating systems approved by Scooton.
Scooton shall in no way be responsible or liable for the accuracy or completeness of any information provided by you. If you provide any information that is untrue, inaccurate, not current or incomplete, or Scooton has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Scooton reserves the right to suspend or terminate your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
Scooton Services:

The Platform provides you with the following services (“Scooton Services”):
1. It allows you to connect you (Registered Mobile User) and Delivery Partners;
2. It allows you to purchase Items from Non-Tied Up Merchants and get the same delivered to you by the Delivery Partners (“Delivery Services”). through buy from a Store service of Mobile application.
3. It allows you to pick up- and drop off packages from 1 (one) location to the other through the Delivery Partner (“Package Delivery & Mid Night Surprise delivery Service”).
4. It allows you to give ratings, write comments and reviews about Delivery Partners and Merchants.
5. It facilitates improvement in the quality of the services provided by Scooton on the Platform based on User ratings, reviews and feedbacks provided on the Platform.
Once the Parcel Delivery Services/ Purchase Services have been completed or delivered, as the case may be, you shall promptly notify the same on the Platform.
Scooton may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the Scooton Services listed above from time to time. Scooton does not provide any guarantee to you that the Scooton Services will be made available to you at all times.
you hereby agree and acknowledge that Scooton is only a facilitator between you and Delivery Partners (as the case maybe) and Scooton only provides you with access to the Platform to connect with Delivery Partners for you to initiate transactions on the Platform. you hereby agree and acknowledge that Scooton will not be a party to any of the transactions that are initiated by you through the Platform and Scooton shall not be liable in any manner or incur any liability with respect to the services performed by the Delivery Partners, as the case may be. Further, you hereby agree and acknowledge that Scooton shall not be liable for the conduct, acts and omissions of Delivery Partners in the course of providing their services to you, or for any loss or damage to the Item or otherwise caused to you as a consequence of or in relation to the services being provided to you by the Delivery Partner, as the case may be.
In case of verified loss of parcel due to mishandling by delivery partner, Scooton shall be covering maximum liability up to Rs.3000 based on GST invoice. The invoice shall be considered valid only if, the same was uploaded in the app at the time of booking the delivery. In case of unavailability of GST invoice refund claims for lost item will be invalid.
you shall not initiate any transaction for any Item on the Platform, which is illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of this Terms of Use and applicable laws. you specifically agree that you shall not initiate any transaction on the Platform for the purchase or delivery of any narcotic drug or psychotropic substance, etc. Further, you hereby acknowledge and agree that Scooton shall not be liable for any indirect, direct damage or loss, cost, expense incurred by you in relation to the transactions initiated by you on the Platform.
Scooton does not check or verify the packages that are being picked up and dropped off on behalf of you or the Items that are being delivered to you by the Delivery Partner, and therefore Scooton shall have no liability with respect to the same. However, if it comes to the knowledge of Scooton that you have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal or dangerous substance, Scooton shall have the right to report you to the government authorities and take other appropriate legal actions against you.
you hereby acknowledge that Scooton shall not be liable for any damages of any kind arising from your use of the Scooton Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Scooton shall be entitled at any time without giving any reason terminate your request for any Scooton Service.
you hereby agree that Scooton shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, you agree that
you hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around your area at the time of such scheduling and re-scheduling a transaction. Should you choose to reschedule a transaction on the Platform at a later point of time, you shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per your convenient time.
If a transaction initiated by you on the Platform cannot be completed, Scooton shall notify you on the Platform.
you agree to provide as much information as possible on the Platform with respect to the Items/services you wish to purchase/avail, using the Platform.
Scooton shall use your location-based information that is captured by Scooton through global positioning system when you are using your mobile device to request a Scooton Service on its mobile-app. Such location-based information shall be used by Scooton only to facilitate and improve the Scooton Services being offered to you.
We can’t fulfil any tasks which are immoral or unlawful in nature. Scooton reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by Scooton’s internal policies or as per the independent discretion of Scooton. Scooton may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
you hereby acknowledge that if you have any complaint with respect to the Scooton Services, you will first inform Scooton in writing within 24 (twenty-four) hours of using such Scooton Services.

2.1 Undertaking & Acknowledgement

you shall be either the owners or the authorized agents of the owners of the goods and materials comprising any requested shipments. You have accepted these Terms not only for you but (if applicable) also as agents for and on behalf of the owner of the goods and materials comprising shipments.
Delivery Partners will be directed by your instructions to transport the shipments to your designated location. you shall give the delivery Partners sufficient, accurate and executable instructions or orders. Any extra costs arising from the difference between your provided information and the actual situation or facts involved shall be borne by you. Any amendment or change to your instructions or orders (and any pricing or cost changes triggered by such amendment or change) must be approved and updated.
in the event that the recipient is found to be absent from the address specified by you and no other instructions have been provided by you, the delivery Partner will contact you (at the number provided by you) and attempt to return the shipment back to you. If the delivery Partner cannot reach you, the delivery Partner has the right to handle the shipment. Any charges for additional handling and further shipment transportation will be borne by you. In this case, Scooton and delivery Partner shall not be liable for the loss or damage to the shipment, except as a result of willful misconduct or gross negligence. Should a re-transportation of item be needed, a new transportation order will be placed and billed.
We accept shipments only upon your declaration of the type and value of the shipment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.
Scooton and Delivery Partners shall bear no responsibility or any legal liability resulting from the transportation of shipments.
you shall ensure that shipments are adequately packed to protect against damage in the course of transportation, and also that no part of any shipments can be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced apart. In particular, in the case of a shipment of a fragile nature, that shipment shall be packaged in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the shipment is guarded against damage that may result from any force, pressure or blows to which transportation items are ordinarily subject during the course of transportation and that such fragile shipments shall bear specific words indicating its contains fragile items displayed on the face of the case or container and above the address of the named addressee.
Delivery Partner will not help wrap items or pack boxes. It is expected that you will have everything properly packed and ready for transport before your delivery Partner arrives. The Delivery Partner also does not offer installation or removal of any appliances.

03. User Information

you are solely responsible for and in control of the information you provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by Scooton. Further, you understand and agree that certain information will be case sensitive and must be handled with a prudent care.
In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Scooton reserves the full discretion to suspend a User’s Account in the above event and does not have the liability to share any Account information whatsoever.

04. Payment Terms:

Package Delivery Service: While initiating a request for a Pick Up and Drop Off Service, you shall pay the service fees for availing the Pick Up and Drop Off Service, as may be displayed to you on the Platform.
You are required to make full payment of the Services charges provided to you. Payment of such charge shall be considered the same as payment made directly by you to the delivery Partner.
Transaction currency shall be in INR with any mode of payment and no other currency will be acceptable.
Taxes (GST etc.) will be applicable at actual, if available.
Scooton has the right to revise the service charges or any type of occasional charges during surge period. at any time, including, without limitation, occasional increases during surge periods. or any prices of any fees, credit packages or credit amount/limits where applicable without giving prior notice.
you agree that Scooton may use certain third-party vendors and service providers, including payment gateways, to process the payments made by you on the Platform.
Payment method: COD/ Cash, Debit & Credit Cards, Netbanking , E wallet etc.

Any payment related issue, except when such issue is due to an error or fault of Scooton, shall be resolved between you and the Payment Processors/Gateway. The processing of the credit or payment, as applicable, are subjected to all applicable terms and conditions, privacy policies and other applicable terms of PGs or Payment Processors and your credit card scheme in addition to these terms. Scotton cannot be held responsible for any issue, error or fault resulted from the Payment Processors/Gateway.

PART B – SPECIFIC TERMS FOR SCOOTON SERVICES

05. Cancellation and Refund

Scooton shall confirm and initiate the execution of the transaction initiated by you upon receiving confirmation from you for the same. If you wish to cancel a transaction on the Platform, you shall select the cancel option on the Platform. It is to be noted that you may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Delivery Partner.
all cancellations made after acceptance of order by Delivery Partner will incur a cancellation fee of INR 50/- (Indian Rupees Fifty only).
User can cancel the order at any time before the order has been accepted by delivery partner.
For cancellations with help of Customer Support agent please contact us on the website or app. Our specialist will attend Customer requests in working hours within availability waiting period regulated by Customer Support instructions.
Scooton may cancel the transaction initiated by you on the Platform, if:
1. The designated address to avail the Scooton Services provided by you is outside the service zone of Scooton.
2. Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.
3. The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use.
4. Information, instructions and authorisations provided by you is not complete or sufficient to execute the transaction initiated by you on the Platform.
5. If a Delivery Partner is not available to perform the services, as may be requested.
6. If the transaction cannot be completed for reasons not in control of Scooton.

06. Pick Up and Drop Off Services (Package delivery)

As a part of the Scooton Services, Scooton gives you an option to avail the Pick Up and Drop Off Services being provided by the Delivery Partners.
you can initiate a transaction on the Platform by which you may (through the help of a Delivery Partner) send packages at a particular location. The Pick Up and Drop Off Services are provided to you directly by the Delivery Partner and Scooton merely acts as a technology platform to facilitate transactions initiated on the Platform and Scooton does not assume any responsibility or liability for any form of deficiency of services on part of the Delivery Partner.
Upon initiation of a request for Pick Up and Drop Off Services on the Platform, depending upon the availability of Delivery Partner around your area, Scooton will assign a Delivery Partner to you. The Delivery Partner shall pick up the Item from a location designated by you on the Platform and drop off the Items at a particular location designated by you. While performing the Pick Up and Drop off Services, the Delivery Partner shall act as an agent of you and shall act in accordance with your instructions. you agree and acknowledge that the pick-up location and the drop off location has been added by you voluntarily and such information will be used for the Scooton Services and shall be handled by Scooton in accordance with the terms of its Privacy Policy.
you agree that you shall not request for a Pick Up and Drop Off Services for Items which are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law or regulation or the provisions of this Terms of Use.
you agree that before requesting a Pick-up and Drop-off Service, you are well aware of the contents of the package sent or requested by you through registered Delivery Partner, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, traveller’s cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).
you are also aware that the Delivery Partner may choose to perform the Pick Up and Delivery Services requested by you.
you also agree that, upon becoming aware of the commission any offence by you or your intention to commit any offence upon initiating a Pick-up and Drop-off Service or during a Pick-up and Drop-off service of any Item(s) restricted under applicable law, the Delivery Partner may report such information to Scooton or to the law enforcement authorities.
Scooton Cash, Google Pay Offer, Paytm Offer and Amazon Pay Offer shall hereinafter be referred to as “Offer”.
you hereby agree and acknowledge that the Offers are being extended by Scooton at its sole independent discretion and nothing shall entitle you to any of the Offers. you shall read the terms and conditions of the Offers carefully before availing them.

PART C: GENERAL TERMS OF USE

07. Eligibility to Use

The Scooton Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Scooton from accessing the Platform for any reason whatsoever. you represent that you are of legal age to form a binding contract and are not a person barred from receiving using or availing Scooton Services under the applicable laws.
Scooton reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.
you shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

08. User Account, Password, and Security

In order to use the Platform and avail the Scooton Services, you will have to register on the Platform and create an account with a unique user identity and password (“Account”). If you are using the Platform on a compatible mobile or tablet, you will have to install the application and then proceed with registration.
you will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under your Account. you agree to
immediately notify Scooton of any unauthorized use of your Account information or any other breach of security, and (ii) Scooton cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. you may be held liable for losses incurred by Scooton or any other User of or visitor to the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your account information secure and confidential. Use of another User’s Account information for using the Platform is expressly prohibited.

09. Representations and Warranties

Subject to compliance with the Terms of Use, Scooton grants you a non-exclusive, limited privilege to access and use this Platform and the Scooton Services.
you agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. you agree not to engage in activities that may adversely affect the use of the Platform by Scooton or Delivery Partner(s) or Merchants or other Users.
you represent and warrant that you have not received any notice from any third party or any governmental authority and no litigation is pending against you in any court of law, which prevents you from accessing the Platform and/or availing the Scooton Services.
you represent and warrant that you are legally authorised to view and access the Platform and avail the Scooton Services.
you agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Scooton. you shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Scooton Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
you acknowledge and agree that by accessing or using the Platform, you may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. Scooton disclaims all liabilities arising in relation to such offensive content on the Platform.
Further, you undertake not to:
1. defame, abuse, harass, threaten or otherwise violate the legal rights of others.
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information; do any such thing that may harms minors in any way.
3. copy, republish, post, display, translate, transmit, reproduce or distribute any Scooton Property through any medium without obtaining the necessary authorization from Scooton; conduct or forward surveys, contests, pyramid schemes or chain letters.
4. upload or distribute files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
5. upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer.
6. engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
7. attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Scooton server, or through the Platform, by hacking, password mining or any other illegitimate means.
8. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. you may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided on the Platform.
9. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites.
10. collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein.
11. use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
12. use the Platform or any material or Scooton Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties.
13. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of
14. software or other material contained in a file that is uploaded.
15. impersonate any other User, Merchant, Delivery Partner or person.
16. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality.
17. violate the Terms of Use contained herein or elsewhere.
18. threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
19. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
you agree and acknowledge that the use of the Scooton Services offered by Scooton is at your sole risk and that Scooton disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
Without prejudice to the above, Scooton makes no representation or warranty that the Scooton Services will meet your requirements.
All materials/content on our Platform (except any third-party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Scooton. you acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Scooton’s prior express written permission. you may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Scooton hereby grants you a non-exclusive, freely revocable (upon notice from Ojay Tech Pvt Ltd, “Scooton”), non-transferable access to view the Material on the Platform.

10. Intellectual Property Rights

The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by Ojay tech Pvt Ltd. (“ Scooton Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Ojay Tech Pvt Ltd “Scooton” Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. you are not permitted to use Scooton Property without the prior written consent of Scooton.
The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Ojay tech Pvt Ltd “Scooton’’, except any trademark, logos and service marks of third parties available on the Platform. you are not permitted to use the Marks without the prior consent of Scooton or such third party as may be applicable.

11. Disclaimer of Warranties & Liabilities

you expressly understand and agree that, to the maximum extent permitted by applicable law:
The Platform and Scooton Property, Scooton Services are provided by Scooton on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Without limiting the foregoing, Scooton makes no warranty that
1. the Platform, Scooton Services will meet your requirements, or your use of the Platform will be uninterrupted, timely, secure or error-free;
2. the quality of the Platform will meet your expectations; or
3. any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by you from Scooton shall create any warranty not expressly stated in the Terms of Use.
Scooton will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Scooton also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
Scooton will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform either with or without your knowledge.
Scooton shall not be responsible for the delay or inability to use the Platform, Scooton Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Scooton shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Scooton’s control. you understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.

12. Indemnification and Limitation of Liability

you agree to indemnify, defend and hold harmless Scooton and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by you pursuant to these Terms of Use. Further, you agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform, Scooton Services, any misrepresentation with respect to the data or information provided by you in relation to the Account, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.
In no event shall the Indemnitees, be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with your use of or access to the Platform or Scooton Property on the Platform.
your indemnification obligation under the Terms of Use will survive the termination of your Account or use of the Platform or Scooton Services.
Subject to applicable laws, in no event will Scooton or its employee aggregate liability, arising from or related to the Scooton Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by you or on behalf of you.
The Platform and the Scooton Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Scooton shall not be liable for the same, whatsoever.

13. Violation of the Terms of Use

you agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and you consent to the Company/Client obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company/Client may have at law or in equity. If Company/Client takes any legal action against you as a result of your violation of these Terms of Use, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

14. Additional Terms

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of this Terms of Use, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.

15. Link to Third Parties

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Scooton shall not be responsible for examining or evaluating such third-party websites, and Scooton does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third-party websites. Scooton does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before you use/access any such third-party websites, you should review the applicable terms of use and policies for such third-party websites. If you decide to access any such linked third-party website, you do so at your own risk.

16. Term and Termination

The Terms of Use will continue to apply until terminated by either you or Scooton as set forth below. If you object to the Terms of Use or are dissatisfied with the Platform, Scooton Services, your only recourse is to

close your Account on the Platform by writing to Us at [email protected]; and/or
stop accessing the Platform. Scooton will make your account dormant upon receipt of request in writing. Scooton may, in its sole discretion, bar your use of the Scooton Services at any time, for any or no reason. Even after your account with Scooton is disabled, dormant or made inactive, the terms agreed by you at the time of registration will remain in effect. This termination shall be effective only once you have cleared all your dues that you are liable to pay as per the provisions of this Terms of Use.
The Company may delist you or block your future access to the Platform or suspend or terminate your account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Scooton chooses to terminate them.
you hereby agree and acknowledge, upon termination, Scooton shall have the right to retain all information pertaining to the transactions initiated by you on the Platform.

17. Governing Law

This Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Delhi.

18. Report Abuse

In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Platform, please report the same to the following e-mail id: [email protected] In case you have any queries with respect to the Terms or the Scooton Services, please write to Us at [email protected].

19. Communications

you hereby expressly agree to receive communications by way of SMSs and/or e-mails from Scooton, or other third parties. you can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, you may still receive communications from your end with respect to your use of the Scooton Service.

20. General

Amendments: Scooton reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify you of the same. you can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be your responsibility to check this Terms of Use periodically for changes. your acceptance of the amended Terms of Use shall signify your consent to such changes and agreement to be legally bound by the same.
Notice: All notices from Scooton will be served by email to your registered email address or by general notification on the Platform.
Assignment: you cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Scooton’s rights under the Terms of Use are freely transferable by Scooton to any third party without the requirement of informing you or seeking your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
Waiver: Any failure by Scooton to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Scooton of that provision or right.
Integration: These Terms of Use together with Scooton’s Privacy Policy and any other legal notices, communications published by Scooton on its Platform, and any other agreements executed between you and Scooton shall constitute the entire agreement between you and Scooton concerning its Platform, Scooton Services and governs your use of the Platform and Scooton Service, superseding any prior agreements between you and Scooton with respect to the Platform and Scooton Service.
IP Infringement If you believe the Platform violates your intellectual property, you must promptly notify Scooton in writing at [email protected]. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform. you are required to provide the following details in your notice:
1. the intellectual property that you believe is being infringed.
2. the item that you think is infringing and include sufficient information about where the material is located on the Platform.
3. a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform.
4. your contact details, such as your address, telephone number, and/or email.
5. a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed.
6. your physical or electronic signature.

21. Grievance Officer:

In accordance with information Act 2000 and rules made there under, the name and contact details of the grievance officer re provided below

Name: Rajeev Kumar Singh

Address: E6, Kalka ji, Main Road, New Delhi -110019

Phone: +91-11-44125984 Email: [email protected]