Terms of Use
Thank you for choosing CPro App. We, 3eco Sytems Private Limited, ("Company", "We", "Us", "Our" "3eco" and terms of similar meaning) are happy to make our services available to you.
If you install, use, access CPro or any of its features, you have read and accepted these Terms of Use. Moreover, continued use of the Website and the App by You constitutes continued expression of consent to be bound by the terms of this privacy policy.
You agree and acknowledge that the CPro App is only for the usage of 3eco Service Providers ("CPros") that have been employed by 3eco. You shall delete the CPro App from all your devices if You cease to be employed by 3eco as an CPro.
For the purposes of the Terms of Use, You shallbe referred to as "You", "Your" or "Yourself".
These terms of use ("Terms of Use") detail the terms by which You who have downloaded the CPro App and are interested in providing the 3eco Services (defined below), and accessing the platform CPro and the mobile application owned and operated by 3eco Sytems Private Limited collectively referred to as, the "Platform" which connects You with 3Eco Users for providing 3Eco Services and availing services provided by the Platform ("CPro Services").
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 3eco at its sole discretion and posted on the Platform from time to time.
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.
I. 3eco Services
1. The Platform provides users with services ("3eco Services") and facilitates the connection of users ("3eco Users") to the CPros in order to do the following
a. start and end their day with the selfie and they should be inside their assigned geo-location
b. do checklist with scaning the QR of vehicle
c. manage spro and assign them with account and vehicle.
II. CPro Services
2. You have start and end your day with selfie and for doing that you have to be inside assigned geo-location.
3. Once you start your day then only you can do the other operation on the app.
4. Once you start your day then you can manage your assigned vehicles, spros and accounts.
5. In vehicle tab you can see vehicles which are assigned to you and you can do checklist of that vehicle by scaning the QR code through camera(QR code is attached on vehicle)
6. In spro tab you can see spros which are assigned to you and you can see their details that which vehicle and account they are assigned with.
7. In account tab you can see account which are assigned to you and you can see their details that which vehicle and spro are assigned to the account and you can do assignement as well.
8. 3eco may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the 3eco Services listed above from time to time. 3eco does not provide any guarantee to You that the 3eco Services will be made available to You at all times.
9. You shall complete all requests accepted by You and promptly notify 3eco immediately through the Platform or SMS or call to the call centre if there any changes/deviations to fulfilling the request of the 3eco User which may affect the provision of the 3eco Service, including but not limited to damage to life or property.
10. The CPro shall stay informed about conditions such as bandhs, strikes, disruptions, weather conditions etc that could affect the Service and immediately intimate 3eco.
11. The CPro shall perform his duties and provide 3eco Services in terms of the CPro’s Employment Agreement, SOP and instructions issued by 3eco from time to time.
12. You hereby agree and acknowledge that 3eco shall not be liable for your conduct, acts and omissions in the course of providing 3eco Services, 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 by You.
13. You hereby acknowledge that 3eco shall not be liable for any damages of any kind arising from Your provision 3eco Services and availing of the CPro Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
14. 3eco shall use Your location based information that is captured through global positioning system when. Such location based information shall be used by 3eco only to facilitate and improve the 3eco Services being offered to You.
15. In case You have any complaint with respect to the CPro Services, You will first inform 3eco in writing within 24 (twenty four) hours of using such CPro Services.
III. Registration
1. In order to use the Platform and avail the 3eco 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.
2. You shall be permitted to access the Platform, avail the 3eco Services only upon creating an Account on the Platform and obtaining a registration on the Platform. Your ability to continue using the Platform is subject to Your continued registration on the Platform. You will be required to enter the information detailed in the Privacy Policy.
3. 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.
4. 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 3eco 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 3eco has not independently verified the information provided by You. 3eco 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 3eco has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 3eco 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.
5. 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.
6. 3eco 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.
7. 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.
8. 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 3eco of any unauthorized use of Your Account information or any other breach of security. 3eco 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 3eco 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.
IV. Location
You acknowledge and agree that Your geo-location information is required for You to avail the CPro Services. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, 3eco may share Your geolocation information with the 3eco Users.
V. Payment System
Any payment made by the 3eco User in cash to the CPro shall be deposited by the CPro with the FOS at the end of every working day.
Payments to be made to You by 3eco shall be as per your Employment Agreement with 3eco and other ancillary documents.
VI. Cancellation and Refund
1. 3eco 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 any cancellation by You shall be recorded by 3eco and may reflect negatively in your performance evaluation.
2. 3eco may cancel the transaction initiated by the 3eco Users on the 3eco Platform, at its discretion.
VII. Eligibility to Use
The CPro Services are only available to You if You have been employed as an CPro by 3eco and during your shift.
VIII. Representations and Warranties
1. Subject to compliance with the Terms of Use, 3eco grants You a non-exclusive, limited privilege to access and use this Platform.
2. 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 3eco, 3eco Users.
3. 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 CPro Services.
4. You represent and warrant that You are legally authorised to view and access the Platform and avail CPro Services.
5. 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. 3eco disclaims all liabilities arising in relation to such offensive content on the Platform.
6. Further, You undertake not to:
● defame, abuse, harass, threaten or otherwise violate the legal rights of others;
● 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;
● copy, republish, post, display, translate, transmit, reproduce or distribute any material/confidential data/data/intellectual property of 3eco;
● conduct or forward surveys, contests, pyramid schemes or chain letters;
● engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
● attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any 3eco server, or through the Platform, by hacking, password mining or any other illegitimate means;
● probe, scan or test the vulnerability of the Platform or any network connected to the Platform, or 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;
● 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;
● 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;
● use the Platform 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 3eco or other third parties;
● falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
● impersonate any other User, CPro or any other person;
● violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
● violate the Terms of Use contained herein or elsewhere;
● 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
● 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.
7. You agree and acknowledge that the use of the CPro Services is at Your sole risk and that 3eco 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.
IX. Intellectual Property Rights
1. 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 3eco and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such material is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use such material without the prior written consent of 3eco.
2. The trademarks, logos and service marks displayed on the Platform are the property of 3eco, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use these without the prior consent of 3eco or such third party as may be applicable.
X. Disclaimer of Warranties & Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
1. The Platform and CPro Services are provided 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, 3eco makes no warranty that (i) the Platform, CPro Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from 3eco shall create any warranty not expressly stated in the Terms of Use.
2. 3eco 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.
3. 3eco shall not be responsible for the delay or inability to use the Platform, CPro 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, 3eco 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 3eco’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.
XI. Indemnification and Limitation of Liability
1. You acknowledge and agree that 3eco shall not be liable and that You shall be solely responsible for any acts or omissions, or accident, or any claim by any third party, during the provision of the 3eco services, or during the course of employment by 3eco, by the CPro. Furthermore, 3eco shall not be liable and that the CPro shall be solely responsible for any acts or omissions or accident, or any claim by any third party, at any other time.
2. You agree to indemnify, defend and hold harmless 3eco and its affiliates including but not limited to its officers, directors, consultants, agents and other 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 claims by 3eco Users, breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further and against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, CPro 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.
3. 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 3eco Services.
4. Your indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or CPro Services.
5. Subject to applicable laws, in no event will 3eco or its employees’ aggregate liability, arising from or related to the CPro 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.
XII. Release
In the event that You have a dispute with one or more Users, other CPros or any third parties, You agree to release 3eco (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users, CPros or third parties or to Your use of the Platform and the 3eco Services.
XIII. 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 3eco or its affiliates, partners, directors, employees and agents for which monetary damages would be inadequate, and You consent to 3eco or its affiliates, partners, directors, employees and agents 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 3eco or its affiliates, partners, directors, employees and agents may have at law or in equity. If 3eco or its affiliates, partners, directors, employees and agents 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.
XIV. Additional Terms
3eco 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.
XV. 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). 3eco shall not be responsible for examining or evaluating such third party websites, and 3eco 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. 3eco 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.
XVI. Term and Termination
Term and termination shall be as per your Employment Agreement with 3eco.
XVII. Governing Law and Dispute Resolution
This Agreement shall be interpreted and construed under the laws of India. Parties agrees to submit to the exclusive jurisdiction of the courts of Bangalore in relation to any claim, dispute or difference arising from this Agreement.
XVIII. 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: [info@3ecoi.com-]
XIX. Communications
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from 3eco, or other third parties.
XX. Miscellaneous
1. Amendments: 3eco 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.
2. Notice: All notices shall be served by email to Your registered email address or by general notification on the Platform.
3. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. 3eco’s rights under the Terms of Use are freely transferable by 3eco to any third party without the requirement of informing You or seeking Your consent.
4. Severability: If any provision of this Agreement is invalid or unenforceable or prohibited by law, it shall be treated for all purposes as severed from this Agreement and ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof, which shall continue to be valid and binding.
5. Waiver: Any failure by 3eco to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by of that provision or right.
6. Entire Agreement: These Terms of Use together with the Privacy Policy. Employment Agreement, SOP and any other notices, policies and communications published by 3eco on its Platform, and directions issued by 3eco/management shall constitute the entire agreement between You and 3eco concerning its Platform and CPro Services.