This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions under this agreement (“UserTerms”) apply on the usage of our website www.tripperwifi.com ("Website"), Products and to all information, recommendations and/or services provided to you on or through the Website and/or through the Customer Care at support@tripperwifi.com or on TripperWiFi Chat on the Website (“CC”)
The terms and conditions mentioned in this contract along with the Privacy Policy constitute the entire contract between the User (as defined below) and Tripper (as defined below) with respect to access to and use of the website,wireless modem hotspot, products, accessories, servicesoffered by Tripper, superseding any prior written or oral contracts in relation to the same subject matter herein.By using the Website and Products, you’re agreeing to be bound by these User Terms andthe Privacy Policy.
The term “You/ Your” or “User” refers to the user of Products offered commercially by Tripper, the Website and the CC.
TRIPPER TECHNOLOGIES PRIVATE LIMITED is a private company registered under the Companies Act, 2013 having its registered office at 24, Shanti Kunj, Shradhanand Road, Matunga Central, Mumbai 400019 and includes its successors, assigns and affiliates (hereinafter referred to as “Tripper”).
1. DEFINITIONS
1.1 “ApplicableLaws” shall mean any statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, by-laws, approval from the concerned authority, government resolution, orders, directives, guidelines, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question;
1.2 “Invoice” shall mean the invoice generated on the Website and/or the invoice sent to the e-mail of the User upon successful completion of payment by the User of the rent in relation to the Products booked by the User.
1.3 “Products” shall mean wireless modem hotspot, products, accessories andrelated services offered by Tripper as more particularly specified in the Invoice;
1.4 “User” shall mean any individual, business entity/organization, channel partner, distributor or any other body corporate that legally operates in India as approved by Tripper;
1.5 “Daypass” shall mean a day when the user intends to access the internet data through his/ her/ their purchased or rented Device/ Product. Irrespective of when a daypasss is activated for a particular day, the daypass is valid until 12.00 midnight of the local time zone it is activated at.
2. USER ELIGIBILITY
2.1 TheProducts are available only to the User who can form legally binding contracts under the Applicable Law.
2.2 The User must not be a minor as per Applicable Law i.e. User must be at least 18 years of age to be eligible to use our Products.
2.3 The User, while accessing the Website, Products or CC, must follow and abide by the Applicable Laws. In the event of the User being found to be not eligible as per the Applicable Laws, Tripper reserves the right to deny Products. Notwithstanding the foregoing, Tripper at all times reserves the right to deny the Products to the User.
3. CONSENT TO ACCEPT TERMS OF THIS AGREEMENT
3.1 By clicking on the tab/button/checkbox of “Accept” or “Rent Now” or any other button/checkbox of similar nature, subject to providing any information mandatorily required by the Website, (i) you confirm your eligibility under Applicable Law to contract with Tripper, (ii) you accept the terms and conditions of this Agreement and the Privacy Policy as displayed on the Website and (iii) you consent to receive communicationsand information from us electronically (whether through SMS, emails, phone calls and automated phone calls) , whether sent by e¬mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number/details provided by You during the sign-up or renting process as per our records, or when we post the electronic communication on the Website.
4. USER ACCOUNT, OFFERS AND PROMOTIONS
4.1 Tripper collects general user data including name, email-id, address, contact details etc. to make commercially available, the Products and making available information relating to offers and promotional features,by creating an account of theUser on the Website in accordance with Applicable Laws. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Tripper reserves the right, at any time, to take steps necessary to ensure User’s compliance with all relevant and applicable KYC requirements, if any. To clarify, the User shall be responsible to comply with any identification criteria or KYC requirements as stipulated by Tripper.
4.2 It is assumed that all information provided by the User for signing up on the Website is correct accurate and up to date. Tripper can verify the information that User has provided and choose to deny the use of the Products or the Website without providing reasons. Also, Tripper reserves the right to deny the Products on account of misuse and misrepresentation of any information provided by the User.
4.3 The details such as full name of the User, type of the Products, quantity of the Products, delivery addressand contact numbershall be as provided in the Invoice generated and shall be binding upon the User in addition to the terms of this Agreement.
5. RENTAL(APPLICABLE INCASE OF DEVICE PROVIDED ON RENTAL MODEL)
5.1 Subject to terms and conditions prescribed in this Agreement, Tripper India shall make available to the user/ end user, on a rental basis, the Products either directly or through channel partners/ travel agents/ distributors as the case maybe.
5.2 The details such as full name of the User, type of the Products, quantity of the Products, delivery addressand contact numbershall be as provided in the Invoice generated and shall be binding upon the User in addition to the terms of this Agreement.
TITLE
The Products, at all times, shall remain the property of Tripper and/or its affiliates as the case maybe. The End User shall not claim any right, title, interest in the Products other than as provided in this Agreement.
7. PAYMENT TERMS
6.1 The applicable rent in relation to the Products shall be as displayed on the relevant section of the Website and as recorded in the Invoice. Tripper reserves the right to revise the rent without any notice to the User.
6.2 Security Deposit: applicable incase of Product/s are provided on rental basis only- A sum of Rs 999 will be collected from the User as refundable security deposit for the Product. The said refundable security depositshall be refundedby Tripper upon return of the Products to Tripper, in its original condition, subject to normal wear and tear. In case of loss or damages to the Products, the refundable security deposit shall stand forfeited by the User.
7. DELIVERY(APPLICABLE INCASE OF DEVICE PROVIDED ON RENTAL MODEL)
7.1 The User shall book the Products at least 5 (five) days prior to the date of his/her departure in order for Tripper to complete timely delivery of the Product to the User. (applicable onlyincase of Product/s are provided on rental basis)
7.2 It is the responsibility of the User to inspect all Products upon receipt and to verify that the same is in good working condition. In the event that Tripper delivers the Products before date of departure and the User is not available to accept or fail to accept the delivery for any reason, then such Products shall be deemed to be accepted by the User and User shall be responsible for the return of the Product and for all charges (including any charges for the loss of such Products). The User shall ensure that the User is available to receive and accept the delivery of Products.
8. RETURN(APPLICABLE ONLY INCASE OF DEVICE PROVIDED ON RENTAL MODEL)
8.1 Upon the expiry of the rental dates and arrival of the User in India, the Products shall be picked up from the pick-up address as provided by the User at the time of booking the Products.
8.2 The User shallbe solely responsible for all loss or damage to the
Products during the rental period. In case of theft of the Products, the User shall provide to
Tripper a copy of police complaint with the relevant local police regarding such theft. Incase, the
user fails to return and/ or returns the damaged product or any part thereof, Tripper reserves the
right to recover and the user agrees to pay to Tripper the below mentioned amount:
On not returning and/ or damages of following:
8.3 Productsshall be deemed to be damaged in caseit is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience (e.g. cracked screen).
8.4 Incase, the User fails to attend and/ or fails to return the products for reverse pick up, the user shall be charged additional Rs.100/- for each reverse pick up to be initiated. Further, if the reverse pick up of products is not successfully accomplished consecutively 3 times due to reasons attributable to the User, the total charges as per clause 9.2 shall be recovered from the User.
9. CHANGES TO BOOKINGS(APPLICABLE INCASE OF DEVICE PROVIDED ON RENTAL MODEL)
9.1 In case of a change in rental dates, the changes need to be intimated to Tripper at least 5 (five) days prior to the start of the rental period.
9.2 If the User intends on extending the rental period, the User may do so by clicking on the tab ‘add days’on the Website, during the rental period.
9.3 In case of changes in the address of drop location or pick-up location, then Tripper should be informed at least 5 (five) days prior to the start of the rental period.
10. DAYPASS BOOKINGS
10.1 The User can book the daypass/es for accessing the internet data on their respective device/ product either by accessing his/ her own account on the website or by communicating with the company representative over email or whats app chat support.
10.2 The internet data access is provided by the Partner Network operators/ resellers/ aggregators and traders at different destinations. The Details of usage limits, speed limits, Fair Usage Policy for Daypass may vary as per Network Partner policy from time to time.
10.3 The daypass/ es once booked/ purchased cannot be cancelled. There shall be no refund or rebate of booking/ purchase of daypass/ es in any event.
11. CANCELLATION AND REFUND(APPLICABLE INCASE OF DEVICE PROVIDED ON RENTAL MODEL)
11.1 If the booking is canceled more than 5 (five) days prior to the start of the rental period, 90% of the rental amount as paid by the User shall be refunded to the User.
11.2 If the booking is canceled 5 (five) or lesser number of days prior to the start of the rental period, only 50% of the rental amount as paid by the User shall be refunded to the User.
12. USE OF PRODUCTS
12.1 You agree to exercise reasonable care in the use of Products, and to handle the Products in accordance with the User guide accompanying the Products and protect the Products against the risk of destruction, damage, and/or loss. You further agree that you will not do any of the following: (a) make repairs or modifications, or alter in any way, or remove any items from, the Products; (b) remove or alter any certification markers affixed to the Products; (c) share the Products with any third party, or allow any such third party to use the Products, with the sole exception of a family member, companion, or friend accompanying you on your trip; (d) dispose of the Products; (e) grant any interest in the Products to any third party; (f) use the Products for any abusive, illegal or fraudulent purpose; (g) use the Products in such a way that it damages or impairs the network.
12.2 The Usershall be solely responsible for any acts, deeds and consequences arising from and claims from third party and/ or any government authority of any country arising during and in respect to the use of Product (including internet data) during the rental period by the User/s.
13. WARRANTY
13.1 Tripper warrants that the Products will be delivered to the User in good working order and condition, and that the Products will continue to operate properly throughout the rental dates as provided by the User incase of Product/s are used on rental basis.
13.2 Tripper warrants that the Products will be delivered to the User in good working order and condition. In case of any complaint regarding working of the Hotspot modem device, the user can get in touch with the company over info@tripperwifi.com or any other contact details as maybe provided by Tripper. Tripper agrees to put in all efforts to solve the issue as soon as possible. In case of any technical problem in the device, the Device shall be repaired and delivered to the user. The cost of delivering the device to the company shall be borne by the user and the cost of delivering the device back to the user shall be borne by the company within India only.The above conditions apply for a period of 1 years from the date of purchase by the user.
13.3 Tripper shall not be responsible for damage caused due to misuse, breakage due to dropping, water penetrating the device and/ or any external damage or cosmetic damage caused by any reason.
14. DISCLAIMER OF WARRANTIES
14.1 Save and except for the warranty set forth in section 12 above, Tripper makes no representations, warranties, conditions, or guaranties, whether express, implied, statutory, or otherwise, oral or written, regarding the Products or this Agreement. Tripper makes no endorsements regarding any third party OEM or service provider, and cannot warrant or make any representation about the quality of their equipment or services.
14.2 Tripper does not warrant that the Products will operate uninterrupted or error-free, that it will operate properly on all wireless networks, that it will meet all of your needs, or that any third party services that you access through the Products will be uninterrupted, error-free, or meet your needs. Tripper shall not be responsible for the legality, adequacy, accuracy, quality, or operation of any third party services. Tripper expressly disclaims all other warranties with respect to the equipment, our rental services, data access services, daypass and any third party services accessed through the Products, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third party rights. The User assumes sole and exclusive responsibility for the use of the Products and for any reliance on any third party services.
14.3 Tripper shall, in particular, not be liable, or otherwise legally responsible, where access to the network is interrupted or limited due to a suspension (provided that this is temporary only); or downtimes of public telecommunication or power facilities; or special local conditions (e.g. use in trains or underground). Tripper’s network partners may suspend services: (i) in order to carry out maintenance or testing of the network; (ii) during any technical failure of the network, (iii) when it is necessary to safeguard the security and integrity of the network or to reduce the incidence of fraud; (iv) where it identifies artificially inflated traffic; or (iv) due to emergency planning measures. Tripper shall endeavour to keep all such suspensions to a minimum and shall give the User notice of such suspensions where reasonably practicable.
15. CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY
To the extent permitted by Applicable Laws, neither Tripper nor its officers, directors, employees, contractors, agents, and representatives shall in any event be liable to you for any consequential, punitive, exemplary, special, incidental, or indirect damages of any kind, including without limitation, loss of data or profits, loss of goodwill or business reputation, cost of procurement or replacement goods and services, cover, or reliance damages, or any other tangible loss arising out of or in connection with this agreement, whether such liability arises from any claim based on contract, warranty, tort (including negligence), strict liability, infringement of intellectual property, or otherwise, and regardless of the parties being advised of the possibility of such loss or damage. It is agreed that these limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. Tripper’s total aggregate liability to you from all causes of action shall be limited to and will not exceed the aggregateof all consideration paid by you under this rental agreement.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 Tripper is the sole owner of all the intellectual property rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other Applicable Laws. All title, ownership and intellectual property rights in the Website and its content shall remain with Tripper, its affiliates or licensor's of Tripper content, as the case may be.
16.2 These User Terms do not constitute a sale and do not convey to User any rights of ownership in or related to the Website or the Products, or any intellectual property rights owned by Tripper.
16.3 All rights not otherwise claimed under this contract by Tripper are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Tripper does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services provided through the online technology platform. Tripper reserves the right to make changes and corrections to any part of the Content of this Website at any time without prior notice.
16.4 We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this Website is provided "as is" and “as available” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Tripper be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. The User(s) of this Website must hereby acknowledge that any reliance upon any content shall be at their sole risk. Tripper reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. It reserves the right to moderate, publish, re-publish, and use all user-generated data, contributions and comments (including but not limited to reviews, comments, likes, favorites, votes) posted on the website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. It is not liable to pay a royalty to any User for re-publishing any content across any of its platforms.
16.5 Tripper reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website.
17. ARRANGEMENT BETWEEN YOU,THE ISSUING BANK AND OTHER INTERMEDIARIES
All valid credit/debit cards,net-banking system, wallets, UPI or otheronline payment modesare processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective issuing bank,payment instrument issuing company and other relevant intermediaries.
18. TERM
Unless otherwise provided, this agreement shall remain in force till (i) payment of all dues to tripper under this agreementor (ii) 10 days after the end of the rental period or (ii) refund of refundable security deposit, whichever is later.
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1 These User Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Mumbai shall have exclusive jurisdiction over any dispute arising from or relating to the User Terms and/or the Website.
19.2 You expressly consent to the jurisdiction of said courts and waive any objection to such jurisdiction based on forums non-convenience or any other basis.