Terms and conditions

AGREEMENT TO TERMS

By accessing this App, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the App is at your own risk

The terms ‘user(s)’, “your” and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the App at any point in time.

Tvelp has two primary user types: “Tvelpers” and “Shoppers”. Both Tvelpers and Shoppers are collectively referred to as “Members”.

• Tvelpers are individuals who offer their services to purchase and transport items on behalf of Shoppers. They play a key role in facilitating the delivery of requested items.
• Shoppers, on the other hand, are individuals who utilize the Tvelp platform to connect with Tvelpers and request assistance in purchasing and transporting items.

GENERAL TERMS

Tvelp's role is strictly limited to providing the Platform for Members to connect with each other. Tvelp does not assume the position of a party in any relationship or agreement formed between Members. Any such relationship or agreement is solely between the participating Members themselves. Tvelp does not intervene or control the dynamics, terms, or outcomes of these relationships.

Tvelp does not possess the authority or right to exert control over its Members, the relationships between them, or the subject matter of those relationships. Members have the freedom to negotiate and establish their own terms, conditions, and arrangements.

Tvelp reserves the right to display content from the Tvelp Platform on other websites, applications, communications, and advertisements to promote the platform and increase exposure to potential Members and their desired items.

OUR SERVICES

Tvelp is primarily a platform that facilitates connections between individuals who are interested in engaging in the role of Shoppers and/or Tvelpers. Unless otherwise explicitly agreed upon in writing, Tvelp does not operate as a business involved in offering, selling, purchasing, or physically transporting items.

When users access the Tvelp Platform, they gain the ability to connect with their friends and other Members who may be interested in acting as Shoppers or Tvelpers. This platform serves as a means for Members to communicate and interact with each other regarding items and potential arrangements.

ELIGIBILITY CONDITIONS

In order to use the App, You need to be 18 (eighteen) years of age or older. The App may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable laws. Tvelp shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws.

Tvelp disclaims all liability arising out of such unauthorised use of the App and any third-party liability arising out of Your use of the App if You are a minor.

We encourage all users to report by “submitting a request” any instances or suspicions of minors using our Platform. We shall treat such reports with the utmost confidentiality and take appropriate actions to address the matter promptly and responsibly.

REGISTRATION, ACCOUNT, AND PASSWORD

A User is required to create an account by using an email and password and providing the necessary details about the User in order to be eligible to use our Services. User(s) are responsible for the personal protection and security of any password or email you may use to access the App. You are responsible for all activity conducted on the App that can be linked or traced back to your email or password.

You are obligated to immediately report a lost or stolen password or email to our Customer Service. If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately.

We reserve the right to access and disclose any information, including user names of accounts, and other information to comply with applicable laws and lawful government requests.

REWARD, FEES & TAXES

The Tvelper Reward is the amount agreed upon by the Shopper and is set by the Shopper in his negotiation with the Tvelper. While Tvelp may provide an estimated Tvelper Reward for planning purposes, the final determination of the Tvelper Reward is made by the Shopper.

On the Tvelp platform, Tvelpers can share their upcoming travel details and browse Shopper requests. Tvelpers have the option to indicate their preferences to receive notifications for requests that align with their travel plans. When a suitable request is found, the Tvelper can send a counter offer for their desired "Tvelper Reward" using the slider option.

Tvelp may automatically calculate an estimate of sales and other applicable taxes associated with the Tvelper’s Offer. These Applicable Taxes are always presented separately from the Item Cost and the Platform Fees to provide transparency and clarity.

The responsibility for any government fees, tariffs, and duties lies with the Tvelper. It is the Tvelper’s responsibility to ensure that the Shopper is aware of any such fees before accepting the offer. This helps to ensure transparency and avoid any unforeseen charges or complications during the transaction process.

GOVERNMENT FEES, TARIFFS, AND DUTIES

The Tvelper assumes full responsibility for any government fees, tariffs, and duties associated with the transportation and delivery of items. It is the Tvelper's responsibility to ensure that the Shopper is informed about these fees before accepting the offer. Prior disclosure of such fees is crucial to maintain transparency and avoid any unexpected charges.

IMPORT RESTRICTIONS AND CHARGES

It is important for Tvelpers to familiarize themselves with the customs duties, tariffs, and charges that are applicable at the destination. They have the sole responsibility of identifying and including these fees in your Tvelper's Offer. To facilitate this process, Tvelp provides links to government and third-party websites where you can find information regarding travel destinations, regulations, and rules.

When a Shopper accepts your Tvelper's Offer, it constitutes a binding agreement that encompasses all essential terms between both parties.

​​​​OWNERSHIP, ACCEPTANCE, RISK OF LOSS, AND INSURANCE

Items are owned by the Tvelpers and not the Shoppers. It is the responsibility of the Tvelpers to maintain all original receipts as evidence of their ownership of the items.

The acceptance of items by the Shopper is contingent upon the Tvelper fulfilling all their obligations under the agreement. Until the Tvelper has completed their obligations, including delivering the items as agreed, the risk of loss associated with the items remains with the Tvelper.

Tvelp strongly recommends that both Shoppers and Tvelpers obtain their own insurance coverage to protect against any potential loss, damage, or expenses related to the items. It is the responsibility of the individual parties to procure appropriate insurance coverage.

While Tvelp may provide recommendations or links relating to insurance coverage for items, it is not obligated to do so. Tvelp may offer guidance or suggestions regarding insurance options, but the decision to obtain insurance lies with the individual Shoppers and Tvelpers.

ACCEPTANCE OF THE PRODUCT

The responsibility of identifying a safe and public place to meet for the inspection and exchange of items lies with the Tvelper. It is their responsibility to choose a location that ensures the safety and convenience of Members.

The time for delivery can only be extended if there is a written agreement between the Shopper and the Tvelper on the Tvelp Platform. This agreement should be made and documented within the platform to ensure clarity and mutual understanding.

The only permissible method to extend the delivery, inspection, and acceptance periods agreed upon by the Shopper and Tvelper is through written communication between the Members on the Tvelp Platform or via notification facilitated by Tvelp through the platform. It is important to maintain clear and documented communication within the platform to ensure transparency and avoid misunderstandings.

REJECTION AND REFUNDS

Shoppers have the right to refuse items only in specific circumstances, such as when the Tvelper has provided incorrect items that do not match the agreed-upon specifications. This includes discrepancies in brand, color, style, size, or if the item's condition differs from what was represented, such as receiving damaged or used items.

However, it is important to note that Tvelp will not initiate refunds for reasons related to Shopper' order misplacement, defects, lost items, or any other similar situations. Shoppers are not allowed to refuse acceptance of items solely due to a change of mind or in an attempt to renegotiate the price of the items.

Tvelp, at its sole discretion, will determine whether the reason for rejection is acceptable under the applicable policies. If Tvelp determines that the rejection is impermissible or unauthorized, Shoppers agree that their payment method may be charged accordingly.

In cases where Shoppers fail to appear for inspection and acceptance within five (5) days of the delivery date, it is mandatory for Shoppers to confirm the inspection and acceptance of items through the Tvelp messaging system on the platform. This confirmation is required to release the funds to the Tvelpers.

PROHIBITED ITEMS

​​Tvelp emphasizes that Shoppers must not use the Tvelp app to request Tvelpers to purchase items that are prohibited under the laws of the country where the items are being bought from, the country where the item is being shipped to, or any applicable international laws.

Prohibited items include, but are not limited to:

• Counterfeit goods
• Currency
• Stolen property
• Alcohol
• Live animals
• Firearms, ammunition, explosives, or chemicals
• Human remains
• Pornography or obscene materials
• Illegal drugs or regulated drugs (prescription) in violation of the law
• Products or items related to illegal activities, such as the production of illegal drugs
• Items prohibited by law in the place of origin, destination, or any jurisdiction in transit between the origin and destination
• Batteries
• Aerosols or any flammable materials
• Knives, batons, or other weapons Anything that is prohibited by any law at any given time.
• Anything that could aid in the performance of any illegal or unlawful activity.

Tvelp recommends that Shoppers and Tvelpers consult the respective government agencies that regulate the import and export of items in their countries. It is important for Shoppers and Tvelpers to be aware of and comply with the specific rules and regulations governing the transportation of items to ensure legal compliance.

List of Prohibited Items for Import in India https://content.dgft.gov.in/Website/Restricted.pdf

COMPLIANCE WITH APPLICABLE LAWS

It is the sole responsibility of Tvelp Members to:

• Familiarize themselves with and comply with all applicable national and international laws that may be relevant to the items or relationships established through the platform. Members must ensure that their activities, transactions, and interactions align with the legal requirements of their respective jurisdictions.
• Ensure compliance with all applicable national and international laws governing the purchase, transportation, and handling of items, as well as any regulations governing the relationships between Tvelp Members. You acknowledge and commit to adhering to all relevant import and export control laws and customs regulations within your local jurisdiction.

You further warrant that neither you nor the items being shipped are subject to any embargoes or considered unlawful in any country where the items are being purchased from or shipped to.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

IWe are not responsible if the information made available on this App is not accurate, complete, or current. The content on this App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

To enhance accessibility and to assist Members who speak other languages, content from the Tvelp Platform may be translated, in whole or in part, into other languages, and where done so, , Tvelp may translate content from the platform into other languages. However, Tvelp does not guarantee the accuracy or quality of such translations. Furthermore,

We reserve the right to modify the contents of this App at any time, but we have no obligation to update any information on our App. You agree that it is your responsibility to monitor changes to our App.

MODIFICATION AND UPDATES

Tvelp is committed to improving our platform and providing a seamless user experience. To achieve this, we reserve the right to modify, add, or remove features and functionalities of the Tvelp platform, or to suspend or terminate all or part of the platform, with or without prior notice to users.

As part of this commitment, we may also update the Terms or incorporate documents to reflect changes in the law, Tvelp platform, or platform fees, or any other aspect of the relationship between Tvelp and users. We encourage users to regularly review the Terms of Use to stay informed of any changes.

APPLICATION SECURITY

You agree to use this App only in accordance with these Terms. In the event that your unauthorised use of this App results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

As a user of this App you undertake:

• Not use our App in any way that causes or may cause damage to the App or impairment of the availability or accessibility of the App; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose.
• Not use our App to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
• Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our App without our express written consent.
• Not to knowingly or recklessly contravene, in the course of using this App, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake.
• Not to use this App to make unauthorised attempts to access or interfere with any of our systems or third party networks.
• Not to use this App to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
• Not to use this App for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this App for such purpose(s).
• to inform us immediately of any claim or action against you for any use of this App and, on request from us, to immediately cease the act complained of.

We reserve the right, but have no obligation, to monitor the materials posted on the App. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the App and in Your private messages. Please be advised that such content posted does not reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or Losses resulting from use of content and/or appearance of the content on the App. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or intellectual property or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

NON-ENDORSEMENT OF MEMBERS AND ITEMS

Tvelp is committed to maintaining a neutral stance and does not endorse any particular Member or item. The platform does not favor or promote specific individuals or their listed items over others.

It's important to understand that when a Member is referred to as "Verified" or any similar language, it merely indicates that they have successfully completed a verification or identification process conducted by Tvelp. This verification process is designed to establish the identity and authenticity of the Member based on the information provided. However, this verification status does not imply any additional endorsement, guarantee, or assessment of the Member's character, reliability, or the quality of their items or service.

Tvelp encourages its users to exercise their own judgment, conduct thorough evaluations, and make informed decisions when engaging with other Members or considering the purchase of any items. Members should independently assess and verify the accuracy, condition, legality, and suitability of the items offered by other Members.

It is important to note that Tvelp does not assume responsibility for any interactions, transactions, or disputes that may arise between Members. Tvelp acts solely as a facilitator of connections and does not have control over the actions, conduct, or quality of items exchanged between Members.

PRIVACY AND USAGE OF COOKIES

Tvelp will not intentionally disclose any personally identifying information about you to third parties, except where Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the App, you signify your acceptance of the Privacy policy. Refer to our Privacy Policy

INTELLECTUAL PROPERTY RIGHTS

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law,publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.

All material and content on the App, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.

The compilation of all content on the App is our exclusive property and is protected by domestic as well as international copyright and database rights laws.

You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

DISCLAIMER

Your use of the Platform is at your sole risk. The Platforms are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Services or Website content, or any reliance upon or use of the Website content or Services.

Without limiting the generality of the foregoing, the Company:

• Does not guarantee the existence, quality, safety, suitability, or legality of any item arranged between Members. The platform does not verify the accuracy or truthfulness of any descriptions or information provided by Members. Therefore, Tvelp does not assume responsibility for any issues or discrepancies related to the items exchanged between Members.
• Does not assume responsibility for the performance or conduct of any Member or third party involved in transactions or interactions facilitated by the platform. Each Member is solely responsible for their actions and behaviors during their engagements on Tvelp.
• Does not guarantee compliance with applicable laws, rules, regulations, orders, and decisions that may be relevant to the relationships between Members or the subject matter of those relationships. It is the responsibility of each Member to ensure compliance with all relevant legal requirements.
• Cannot be held liable for any issues, disputes, or non-compliance arising from interactions between Members on the platform.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Tvelp, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use of or access to (or inability to access) this App, your use of any information or material contained therein, for:

• Any and all claims for damages for actual, consequential, incidental, exemplary, special, or punitive damages even if Tvelp is advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or
• For direct damages, actually proven, exceeding INR 5,000 (Rupees Five Thousand). This limitation shall be enforced even if it causes an exclusive remedy to fail in its essential purpose.

Tvelp reserves the right, at any time, in Company’s sole and exclusive discretion, to amend, modify, suspend, or terminate this App, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Tvelp shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL TVELP BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, AND TVELP DISCLAIMS ANY AND ALL, DAMAGES, LOSSES, CLAIMS, LIABILITIES, PENALTIES, COSTS, EXPENSES AND ATTORNEYS' FEES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR ARISING FROM THE USE OR MISUSE OF THE APP.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behaviour on the App. You agree to indemnify, defend and hold Company harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the App or the Content, or any violation by you of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of India and ​​the courts at Bangalore, Karnataka, India shall have exclusive supervisory jurisdiction over all matters in connection with any such dispute or any lawsuit arising from or related to this Agreement.

The rights and duties created shall be interpreted and enforced in India according to the Laws of India. You and the Company consent to jurisdiction and venue in Bangalore, Karnataka, India for any lawsuit arising from or related to this Agreement.

NOTICES

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

LEGAL DISPUTES

If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to Company’s email id in accordance with the above-mentioned Clause.

Any dispute, controversy, claim or breach arising out of or in relation to this Agreement, including any questions, issues or disputes concerning its existence, validity or termination, shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, of India. The arbitral tribunal shall consist of 1 (One) arbitrator appointed by Tvelp. The arbitration shall be conducted in the English language at Bangalore, Karnataka, India. Depending on the consent of the parties, the arbitrator may decide to hold proceedings at any other location. Each party shall bear its own costs in relation to the arbitration proceedings, including legal fees, expenses, and any other costs incurred. Unless otherwise agreed, the parties shall be responsible for their respective costs and expenses associated with the arbitration process.

The parties involved in the arbitration process shall maintain strict confidentiality and shall not disclose any information related to the arbitration proceedings to any person, except on a need-to-know basis or to their legal advisors. Confidentiality shall be upheld unless disclosure is required by law.

REMOVAL OF DOUBTS

Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.

MISCELLANEOUS

• Severability - The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision."
• Entire Agreement - The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
• Waiver - If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
• Amendments - Notwithstanding anything contained hereinbefore, Tvelp may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
• Force Majeure - No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.

TERM AND TERMINATION

The obligations and liabilities of the Members incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

CONTACT US

After reviewing this policy, if you have any additional questions, concerning these Terms and Conditions, please contact us by sending an email tohelp@tvelp.com by adding the word “Terms” in the subject line.

Last Updated: July 3, 2023.