1. 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”) when you access, use or interact with the mobile application (“Hey Man App”) or website available at https://heyman.in/ (collectively, “Platform”) whether through a computer or a mobile phone or any other device (“Device”) or avail the Services (defined hereinafter) provided by Heyman Integrated Services Private Limited (“Hey Man” / “Company” / “us”, “we” or “our”).

All the Services provided by the Company to you would be by means of your use of the Platform. These Te

rms will govern the relationship between you and the Company in the course of provision of the Services. These Terms govern your access/interaction or use of the Platform and/or availing of Services.

Please read these Terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform, or availing the Services. By using this Platform or availing the Services, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. 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. Use of and access to the Platform is offered to you upon the unconditional acceptance by you of all the terms, conditions, and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

1. SERVICES

We provide the following services (“Services”) to you:

1. A Platform to facilitate the pick-up and drop off of packages from one location to the other through services offered by third party drivers or vehicle operators.
2. A Platform to facilitate the booking of two-wheelers (“Bikes”) and avail such transportation services provided by the Operators(“Transportation Services”); and
3. Other support services (such as associated payment collection) as offered by Hey Man App from time to time.

1. YOUR REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

In relation to your use and access of the Platform or for availing the Services, you represent, warrant, and provide the following undertakings:

1. For the purposes of registration/creation of an account on the Platform, you confirm that you are 18 years of age.
2. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use Your Account (defined below), and you may not allow persons under the age of 18 to receive Services through operators unless they are accompanied and/or overseen by you. However, you agree to take full responsibility for the use of Services by such minors including in respect of ensuring their safety while availing such Services and company will not be responsible or liable for any consequences arising from the same.
3. If the Company becomes aware or it acquires credible knowledge that you have misled us regarding your age, then the Company reserves its rights to deactivate the account and you will not be liable to raise any claims including any insurance from the Company.
4. These Terms impose valid and legally binding obligations on you and are enforceable against you.
5. You confirm that you neither have had any insolvency proceedings against you nor have you ever been adjudicated insolvent by any court or other authority.
6. You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or avail the Services, including to enter into transactions contemplated for availing the Services.
7. You agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable laws.
8. By using the Platform or the Services, you authorize the company, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process, and share your information, including personal information and sensitive personal data or information
9. Further, company may ask you for Information or documents that will allow us to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your Information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Services in the event we are unable to obtain or verify this Information.
10. When you provide any Information to Hey Man App, you agree to provide only true, accurate, current and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including the contact information, bank account details, etc., as required in connection with the Services, lies solely with you. You must take all caution to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible to verify the accuracy of the Information provided by you.

III. OPERATION OF PLATFORM

1. You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process. You are solely responsible for maintaining the confidentiality of your credentials (username, password, etc.) provided upon registration and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
2. Your Account cannot be transferred, assigned, or sold to a third party.
3. You agree to accept responsibility for all activities that occur in or from Your Account. You agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.
4. You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the password or Your Account is being or is likely to be used in any unauthorized manner.
5. Hey Man App will not be liable for any breach of security or unauthorized use of Your Account.
6. The Company will forward your booking request made on the Platform (“Service Request”) to the operator/service provider through an app-based Device operating on GPS-GPRS available with the operator/service provider.
7. The Company may monitor and record calls made to the operator/service provider, for the purpose of training and improving customer care services, including complaint related services.
8. The operator/service provider will have the sole discretion to accept or reject each Service Request.
9. If the operator/service provider accepts the Service Request, a notification will be sent to you with the Information regarding the operator/service provider including their name, contact number, and Vehicle registration number, etc.
10. The Company will make reasonable efforts to bring you in contact with the operator/service provider in order to obtain the Service subject to availability of the operator/service provider in or around your location at the time of your Service Request.
11. Even after acceptance of the Service Request, the operator/service provider may not reach your pick-up location or decide not to render the Service, in which event the Company will not be held liable.
12. The Company will not be liable if you do not download the correct mobile application to access the Platform or do not visit the appropriate web portal.
13. For the avoidance of doubt, it is clarified that the Company itself does not provide the Transportation Services and Package Services and only facilitates these services through the Platform. It is the operator/service provider who is responsible for rendering the Transportation Services and Package Services to you. You acknowledge that Hey Man App is merely an intermediary and does not provide the Services as a transportation carrier and the Transportation Services and Package Services are provided by independent third-party contractors directly who are not employed by the company or any of its affiliates.
14. The Company reserves the right to discontinue or introduce any of the modes of Service Requests and/or for providing Services.

1. YOUR CONDUCT

1. You will use the Services for lawful purposes and in compliance with applicable laws, and refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India.
2. You will treat the operator/service provider with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their Vehicle.
3. The Company is not responsible for the behavior, actions, or inactions of operator/service provider or quality of Vehicle which may be provided to you by the Operators/service providers. Any contract for the provision of Vehicle and/or for the Services is exclusively between you and the operator/service provider and the Company is not a party to the same.
4. By using the Platform, you acknowledge and agree that:
   1. You will download Hey Man App for your sole, personal use and will not resell it to a third party;
   2. You will not authorize others to use Your Account;
   3. You will not assign or otherwise transfer Your Account to any other person or legal entity;
   4. You will not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
   5. You will not use the Platform to cause nuisance, annoyance or inconvenience to either Company, operator/service provider or third parties;
   6. You will not misuse the Platform or attempt to defraud either the Company, operator/service provider or third parties;
   7. You will not impair the proper operation of the Platform and you will not use any device, software, routine, file or other tool or technology, which includes any viruses, Trojan horses, worms, time bombs or cancel bots, intended to damage, interfere with or affect functionality or operation of the Platform or the Services, to surreptitiously intercept or expropriate any system, data or information in connection with the Services or as hosted/available on the Platform, or to affect the operation of any other websites or the internet;
   8. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform or the Services, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
   9. You will not try to harm the Platform in any way whatsoever;
   10. You will not copy or distribute the Platform or its contents without written permission from the Company;
   11. You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Platform;
   12. You will provide the Company with whatever proof of identity we may request;
   13. You will only use an access point or at least a 3G, 4G or 5G data account access point which you are authorized to use;
   14. You will not use the Platform with an incompatible or unauthorized Device;
   15. You will not indulge in any fraudulent activities including, but not limited to intentionally falsifying Information, create dummy/duplicate accounts for fraudulent purposes, manipulate the settings on a phone/Device to prevent or impair the proper functioning of the Platform, abuse promotions and/or not use them for their intended purpose, dispute charges for fraudulent or illegitimate reasons, falsify documents, records, or other data for fraudulent purposes, or any other activity which is in contravention of applicable laws, is in violation of these Terms, or is not intended or permitted under these Terms; and
   16. If you create more than one account per User, Hey Man App has the right to terminate such accounts.
5. In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:
   1. Belongs to another person and to which you do not have a right to such information;
   2. Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
   3. Infringes any patent, trademark, copyright or any other proprietary rights;
   4. Harms minors in any way or is harmful to child;
   5. Any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
   6. Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
   7. Impersonates another person;
   8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
   10. Is in the nature of an online game that is not verified as a permissible online game;
   11. Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
   12. Violates any law for the time being in force.
6. The Company reserves the right to immediately terminate your use of the Platform and stop providing you the Services should you not comply with any of the rules provided in these Terms.

1. COMMUNICATION AND NOTIFICATION

1. You agree that Hey Man App (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
2. Any electronic communications will be considered to be received by you within 24 hours of the time we send it to your attention (such as via email, SMS or other online notification, through WhatsApp messenger application). We will assume you have received any communications sent to you by postal mail, 3 business days after we send it.
3. If you are a Customer who has registered on the Platform and shared your contact details with us, we may need to contact you in connection with the Services, and you give express consent to us and our permitted assigns and third-party agents to communicate with you in any way, such as calling, texting, or e-mailing via:
   1. A mobile phone or landline number you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours);
   2. Any email address you provide to us or associated with your account on the Platform;
   3. Pre-recorded or artificial voice messages and other forms of communications.

1. PAYMENT FOR SERVICES

1. CHARGES AND PAYMENT:

1. You shall pay in full to the operator/service provider for the Services You have received. You are required to pay trip charges for the Service to the operator/service provider. The rates for these charges can be found on the Mobile Application. Fares and rates may vary based on different locations, City, State, Country and vehicle segments. A convenience charge (booking fee) applies to all bookings.
2. You can pay for the services using cash or available non-cash/digital payment modes such as credit/debit cards, wallets, UPI, pay later options, or any new payment methods introduced by the Company. Any payment made for the services is non-refundable. At the end of the trip, you will receive a copy of the invoice/bill on Your registered email id. You have the option to provide tips to the operator/service provider. Tips are not mandatory and are at your discretion. The amount of tip is directly payable to the operator/service provider is not refundable.
3. Fare estimates provided in the Mobile Application are approximate and does not guarantee to match the actual fare. Please be informed that additional charges like tolls and parking fees are not included in the estimates and will be billed separately. The actual fare that You need to pay will be displayed on the billing device to You via email or SMS after the trip is completed. The Company takes no responsibility for accuracy and variation in the final bill payment amount.

VII. DISCLAIMERS

1. The information, recommendations provided to you on or through the website or the Platform is for general information purposes only and does not constitute advice.
2. The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware, and viruses or that the contents in the Platform are correct, up to date, and accurate. Hey Man App assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption, or errors in the operation of the Platform.
3. The Company will further not be liable for damages resulting from the use of or the inability to use the Platform, including but not limited to damages resulting from failure or delay in the delivery, damages during delivery of any products as the company is not transport operator.  

2. The quality of the Transportation Services and Package Services requested through the use of the Platform is entirely the responsibility of the Operator/service provider who ultimately provides such services to you and Company is not liable for the same. However, any complaints about the Transportation Services and Package Services provided by the operator/service provider should be submitted to Company by an email as notified from time to time

1. The Company Makes No Representation, Warranty, Or Guarantee As To The Reliability, Timeliness, Quality, Suitability, Availability, Accuracy Or Completeness Of The Services And/Or The Platform. The Company Does Not Represent Or Warrant That (A) The Use Of The Service And/Or The Platform Will Be Secure, Timely, Uninterrupted Or Error-Free Or Operate In Combination With Any Other Hardware, Software, System Or Data, (B) The Service Will Meet Your Requirements Or Expectations, (C) Any Stored Data Will Be Accurate Or Reliable, (D) The Quality Of Any Services, Information Obtained By You Through The Platform Will Meet Your Requirements Or Expectations, (E) Errors Or Defects In The Services And/Or The Platform Will Be Corrected, Or (F) The Platform Or The Server(S) Are Free Of Viruses Or Other Harmful Components,. The Portal Is Provided To You Strictly On An “As Is” Basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. You acknowledge and agree that the entire risk arising out of your use of the Platform and / or the Services remains solely and absolutely with you and you will have no recourse whatsoever to the Company.

XIII. THIRD-PARTY LINKS

1. During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party Operators/service providers, advertisers or sponsors showing their goods and/or services through a link on the Platform. These links take you off the Platform and are beyond the Company’s control. You therefore visit or access these websites entirely at your own risk.
2. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
3. EMERGENCY SOS
4. Hey Man App provides SOS feature on the App wherein the Customer can call for emergency services in case of any safety issues or other emergency by tapping the button made available on the App. This is linked to the internal emergency response team of Hey Man, and any such case is escalated and dealt with on priority.
5. You agree not to misuse the Emergency/ SOS feature and will solely use it during emergencies. In case of any misuse of the SOS feature, you will be liable for consequences/actions in accordance with applicable laws and/or as per company policies.
6. TERM AND TERMINATION
7. These Terms, which form the contract between the Company and you, are concluded for an indefinite period. You are entitled to terminate the contract between the Company and you at any time by deleting Your Account on the Platform.
8. The Company is entitled to terminate your access to the Platform and/or the Services at any time and with immediate effect (by disabling your use of the Platform and the Service) if you: (a) violate or breach any term of these Terms, or (b) in the opinion of the Company, misuse the Platform or the Service, or (c) if there is reason to believe that the account is used fraudulently.
9. The Company is not obliged to give notice of the termination in advance. After termination, the Company will give notice thereof in accordance with these Terms.
10. Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lockout, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.
11. The Company, in addition to its right to terminate or suspend access to Your Account and/or the Services in case of violation of these Terms, the Privacy Policy, or any applicable law, reserves the right, in its sole discretion, to legally prosecute you if you act in a way that the Company, at its sole capacity, decides involves fraud or misuse of the Platform, or is harmful to the Company’s interests or another user, any Operator/service provider, or any other participating third-party.
12. INDEMNIFICATION:

By accepting the user terms and using the Mobile Application, You agree to defend, indemnify, and hold the Company and its affiliates, licensors, officers, directors, employees, attorneys, and agents harmless from certain claims and liabilities.

Claims Covered: This indemnification applies to claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising from:

1. Your violation or breach of any term of the user terms or any applicable law or regulation.
2. Your violation of the rights of any third party, including Operators/service providers arranged via the Mobile Application.
3. Your use or misuse of the Mobile Application or website.

XII LIABILITY

1. While the Company will make reasonable efforts to ensure that the website and Mobile Application, along with their contents, are correct and up to date, it does not guarantee that they are free of errors, defects, malware, viruses, or that they are always correct, up to date, or accurate.
2. The information and recommendations provided are for general reference and that the Company cannot guarantee the absence of errors or the continual accuracy of the website and Mobile Application. You should exercise discretion and verify information as needed.

TERMS AND CONDITIONS FOR BIKE RIDERS

1. GENERAL:

The company will receive booking request from Customer, and it will then forward this request to You. You have the sole discretion to either accept or reject booking request. You can decide whether or not to take on the booking made through the Mobile Application or via accessing the Volta Platform. If You accepts the booking request sent You shall start Your ride. Additionally, the Company will provide You with information about the Customer including but not limited to their name and contact number. The Company will make reasonable efforts to connect You with the Customer. These efforts aim to ensure that You can provide the Service as per the requirement. It is acknowledged and agreed by You that it is not the Company who has to provide Services to Customer but it is Your sole responsibility to provide Service thus, even if Your booking is accepted, there is a possibility that the Customer may not may choose not to take the Services. In such cases, the Company is not held liable to You for any consequences or time loss.

The company provides a Mobile Application for booking vehicles, and You, agree that:

1. You are responsible for ensuring that the information You provide to the Company is correct. The Company has the right to verify the information as per its discretion.
2. You may only access the Service using authorized methods i.e. You should use the correct and updated mobile application for Your device, visit the correct web portal. The Company reserves the right to change the modes of booking or deletion or modification of a feature at any time under its sole control.
3. You will desist from carrying out any activity which may reasonably be disreputable or capable of damaging Company’s reputation.
4. You will abide by applicable laws and regulations. You must use the application for lawful purposes and should not engage in unlawful activities or store illegal materials using the application.
5. You are expected to treat the Customer’s introduced to You with utmost professionalism.
6. You indemnify Company fully against any claims or legal proceedings brought as a result of Your breach of the terms provided in this AGREEMENT.
7. You are allowed to download and use the Mobile Application for Your personal use only. Reselling it to a third party is not permitted.
8. You should not allow others to use Your account, assign or transfer Your account to anyone else, or use an account that belongs to someone else without proper authorization.
9. You should not use the application to cause nuisance, annoyance, or inconvenience to others and should not impair the proper operation of the network.
10. You are responsible for keeping your account password and identification secure and confidential. You should also provide requested proof of identity to the Company.
11. You will use the Mobile Application only with an authorized device and access point (3G/4G/5G data account).
12. You will comply with all applicable laws of your home nation and the location where You use the Mobile Application.
13. You will not copy, distribute, or use the Mobile Application or Company content without written permission from the Company.

Please be informed that Company shall not held responsible for the behaviour, actions or inactions of the Customer’s and or final payment. Company disclaims all its liability towards Customer as Company is a merely introducing this  Platform to You to provide the Service. Any legal claim, suit shall be filed by You alone without making Company a party to such suit against operator.

1. CHARGES AND PAYMENT:

It is the sole responsibility of Yours’ to accept/collect the full payment from Customer. Please be informed that the rates for these charges can be found on the Mobile Application. Fares and rates may vary based on different locations, City, State, Country and vehicle segments. A convenience charge (booking fee) applies to all bookings. You can accept the payment using cash or available non-cash/digital payment modes such as credit/debit cards, wallets, UPI, pay later options, or any new payment methods introduced by the Company. Any payment made for the Services is non-refundable. At the end of the trip, You will receive a breakup of the base fare, taxes and Your Commission. You shall be liable to pay taxes and other applicable charges as may be prescribed by Company and Government. You may collect tips from Customer and that shall remain with you but you should not insist or force customers to pay tips. You may be given special offers time to time but such offers are in the sole discretion of Company and may be notified to You timely.

Fare estimates provided in the Mobile Application are approximate and does not guarantee to match the actual fare. The actual fare that Customer need to pay will be displayed on the billing device to You, You are responsible to collect all such payments including tolls. The Company takes no responsibility for accuracy and variation in the final bill payment amount. In case You do not collect any tolls or parking fee or other applicable charges then such financial loss shall be borne by You solely and Company will not compensate.

In case Customer raises any complaint on behalf of You including but not limited to non-completion of full ride, wrong drop location, misbehaviour etc. then Company put financial penalty or may hold your wallet amount and/or terminate or block Your access permanently.

1. INDEMNIFICATION:

By accepting the user terms and using the Mobile Application, You agree to defend, indemnify, and hold the Company and its affiliates, licensors, officers, directors, employees, attorneys, and agents harmless from certain claims and liabilities.

Claims Covered: This indemnification applies to claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising from:

1. Your violation or breach of any term of the user terms or any applicable law or regulation.
2. Your violation of the rights of any third party.
3. Your use or misuse of the Mobile Application or website.

1. LIABILITY

While the Company will make reasonable efforts to ensure that the website and Mobile Application, along with their contents, are correct and up to date, it does not guarantee that they are free of errors, defects, malware, viruses, or that they are always correct, up to date, or accurate. The information and recommendations provided are for general reference and that the Company cannot guarantee the absence of errors or the continual accuracy of the website and Mobile Application. You should exercise discretion and verify information as needed.

The Company is not responsible for any damages that You may incur while using the website or Mobile Application, includes but not limited to damages caused by malware, viruses, or any incorrect or incomplete information on the website or Mobile Application. The Company is not responsible for any complaints or concerns raised by You against Customer, You are directed to resolve such concerns in Your individual capacity. The Company is not liable for damages resulting from the use of electronic means of communication with the website or Mobile Application. This includes damages arising from:

1. Failure or delay in the delivery of electronic communications.
2. Interception or manipulation of electronic communications by third parties.
3. Interception or manipulation of electronic communications by computer programs used for electronic communications.
4. Transmission of viruses through electronic communication.