Terms & Conditions (In case of Taxi owned by others than Company)
A. GENERAL TERMS AND CONDITIONS:
a) The “Company” shall hereinafter individually and collectively mean M/s. Oor Cabs Private Limited. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agent, etc.
b) The Company offers technology based services for booking taxis on all over India to the customers and the customer agree to obtain taxi services offered by third party taxi providers, drivers or vehicle operators (the Service Provider ). All the technology-based services provided by the Company to the customer by means of his/her/its use of the booking platform are hereinafter referred to as the Service.
c) The Company shall take customer booking request and transfer it to the Service Provider through GPS-GPRS based device installed in the Taxi. The Service Provider has a sole discretion to accept or reject the request for taxi service. If the Service Provider accepts the customer booking request made by the Company, the GPS device installed in the Taxi notifies customer and provides the information regarding the Service Provider including his/her/its name, contact number etc.
d) The Company should put sensible efforts to bring customer in contact with the Service Provider in order to obtain taxi Service subject to availability of the Service Provider in or around the customer’s location at the time of customer’s booking request made to the Company.
d) To prevent distrust and difficulties, it is clarified that the Company is not providing taxi services. The Taxi Service shall be rendered by the Service Provider to the customer and the provision of the taxi services by the Service Provider to the customer is therefore subject to the agreement (to be) entered between the customer and the Service Provider. The Company is not a party to such agreement between the customer and the Service Provider. After acceptance of booking by the Service Provider, if Service Provider may not reach the customer’s pick up location or decided not to render his/her services to the customer in which events, the Company shall not be held liable to the customer.
f) The customer should furnish clear, accurate and complete information to the Company and the Company is entitled and having a right to verify and crosscheck the information that customer provided. The customer should access and acquire the Service using the authorized means. It is the customer’s responsibility to check and ensure that whether the customer has downloaded the correct Mobile Application for the customer’s device or visited the correct portal or dialed-in the accurate call center number. The Company shall not be liable if the customer did not download the correct Mobile Application or visited the appropriate web portal or dialed-in the correct call center number. The Company reserves and deserves the right to discontinue or introduce any modes of booking of Taxi.
g) The customer will refrain from doing anything which the company reasonably believes to be disreputable or capable of damaging the Company’s reputation;
h) The customer will comply with all applicable laws;
i) The customer should treat taxi drivers with respect and should not cause damage to their property (taxi) and life or engage in any unlawful activities, threatening, harassing, abusive behaviour or activity whilst using their taxi or the service;
j) The customer shall compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of customer’s breach of these Terms and Conditions.
k) The Company is not at all responsible for the unruly behaviour, actions or inactions of taxi drivers, quality of cab which the customer may use (through the company or otherwise). Any Contract for the provision of taxi services is purely between the Customer and Service Providers. The Company is simply providing a common platform for the Service Providers and the customers.
k) The Company is not at all responsible for the unruly behaviour, actions or inactions of taxi drivers, quality of cab which the customer may use (through the company or otherwise). Any Contract for the provision of taxi services is purely between the Customer and Service Providers. The Company is simply providing a common platform for the Service Providers and the customers.
l) By using the Mobile Application of the Company, the customer should agree that:
i. The customer should download the Mobile Application for his/her sole, personal use and will not use for or resell it to a third party;
ii. The customer shall not authorize others to use his/her account;
iii. The customer shall not assign or otherwise transfer his/her account to any other person or legal entity;
iv. The customer shall not use an account that is subject to any rights of a person other than him/her without appropriate authorization;
v. The customer should not use the Mobile Application to cause nuisance, annoyance or inconvenience;vi. The customer should not harm the proper operation of the network;
vii. The customer shall not hurt the Mobile Application in any way whatsoever;
viii. The customer should not copy, circulate, publish and distribute the MobileApplication or any other contents of the Company without written permission from the Company;
ix. The customer should keep secured and confidential about his/her account password or any other identification that the Company provided to the customer which allows access to the Mobile Application;
x. The customer should furnish to the company with whatever proof of identity the company may reasonably request;
xi. The customer should not use the Mobile Application with an incompatible or unauthorized device;
xii. The customer should comply with all applicable law of the land, the country, the state and the city in which the Company’s legal jurisdiction falls while using the Mobile Application.
The Company reserves the right to immediately terminate the use of the Mobile Application, If the customer did not comply with any of the above mentioned rules.
2. CHARGES AND PAYMENT:
The customer should make payment in full to the taxi drivers introduced by the Company for any services rendered by such driver to the customer (although the customer may choose to use the app to facilitate such payment). The customer shall be required to pay trip charges for the taxi service to the Service Provider and the rates can be found on the Website and Mobile Application of the Company. The Trip charges shall be updated or amended from time to time and it shall be the customer’s obligation and responsibility to remain aware about the current trip charges for the taxi services. The customer should agree that the charges for all taxi services acquired from the Service Provider can be collected either by way of cash or credit card. In the event the payment cannot be accepted through credit card/ Mobile Application, the customer shall be required to pay the trip charges by way of Cash. Any payment made is non-refundable. At the end of the trip, the Company will facilitate the customer to receive a copy of the invoice from the Service Provider directly or through the customer’s registered e-mail account with the Company or with the Mobile Application.
3. INDEMNIFICATION:
By accepting these user Terms and Conditions and by using the Mobile Application, the customer agrees that he/she shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys fees and costs) arising out of or in connection with: (a) the customer’s violation or breach of any term of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein; (b) the customer’s violation of any rights of any third party, including the Service Providers arranged via the Mobile Application, or (c) the customer’s use or misuse of the Mobile Application or website.
4. LIABILITY:
a) The information presented to the customer on or through the Website or the Mobile Application is for general information purposes only and does not constitute advice. The Company will keep the contents of the Website and the Mobile Application correct and up to date, but does not guarantee that the contents of the Website and the Mobile Application are free of errors, defects, any malware and viruses or that the Website and the Mobile Application are correct, up to date and accurate.
b) The Company is not at all liable for any damages resulting from the use of or inability to use the Website or Mobile Application including damages caused by any malware, viruses or any incorrectness or incompleteness of the Information or the Website or Mobile Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of the Company.
c) The Company is not be liable for damages resulting from the use of or inability to use of electronic means of communication with the Website or the Mobile Application, including the damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
d) Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 1000.
e) The quality of the taxi services requested through the use of the Mobile Application or the Service is entirely the responsibility of the Service Provider who ultimately provides such taxi services to the customer. The Company under no circumstance accepts liability in connection with and/or arising from the taxi services provided by the Service Providers or any acts, action,
behaviour, conduct, and/or negligence on the part of the Service Providers.Any complaints about the taxi services provided by the Service Providers should therefore be submitted to the Service Providers.
5. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights):
a) The Company is the sole owner and lawful licensee of all the rights to the website, Mobile Application or any other digital media and its contents. The content means its logo, design, layout, text, images, graphics, sounds, video, etc. the website, Mobile Application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates,
agents, authorized representatives or licensors as the case may be.
b) All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
c) The Company does not represent or approve the correctness or trustworthiness of any information or advertisement 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 the customer as a result of any product, information or other materials displayed, or obtained by the customer as a result of an advertisement or any other information or offer in or in connection with the service.
d) All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions are protected under applicable copyrights,trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and prosecuted.
e) All the contents on the company website are the copyright of the Company except the third party content and link to third party website on our website.
f) On subject to the compliance with these Terms and Conditions by the customer, the Company grants limited non-exclusive, non-transferable license to download and install a copy of the Mobile Application on a single mobile device that the customer owns or controls and to run such copy of the Mobile Application solely for the customer’s own personal use.
g) The customer shall not (i) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Mobile Application in any way; (ii) modify or make derivative works based upon the Mobile Application; (iii) create Internet frame;mirrorany Mobile Application on any other server or wireless or Internet- based device; (iv) reverse engineer or access the Mobile Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Mobile Application, or (c) copy any ideas, features, functions or graphics of the Mobile Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers,bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Mobile Application.
6. LINK TO THIRD PARTY WEBSITE:
a) During the use of the Website or the Mobile Application, links to third party websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase of goods or services from, participate in promotions of third parties. These links to third party Websites and the Mobile Applications are beyond the control of the Company.
b) During use of the Website and the Mobile Application, the customer may enter into correspondence with, purchase goods or services from, or to participate in promotions of third party service providers, advertisers or sponsors showing their goods or services through a link on the Website or Mobile Application or Service. These links take the customer off the Website, Mobile Application and Services are beyond the control of the Company. These third party websites may have their own separate terms and conditions as well as a privacy policy. The Company is not responsible and cannot be held liable for the content, activities and infringement of these third party websites. The customer must therefore visit or access these websites entirely at his/her/its own risk.
c) Please note that these third party websites may send their own cookies to users collect data or solicit personal information, and the customers are therefore advised to check the terms and conditions or privacy policies on those third party websites before using them.
7. TERMINATION OF CONTRACT:
a) The Contract between the Company and the customer is concluded for an indefinite period. The customer is entitled to terminate the Contract at all times by permanent deletion of the Mobile Application installed on the customer’s smart phone by disabling the Mobile Application and the Service.
b) Company is entitled to terminate the Contract at all times and with immediate effect (by disabling customer’s use of the Mobile Application and the Service) if customer: (a) violates or breaches any terms and conditions, or (b) in theopinion of the Company, misuses the Mobile Application or the Service. The Company is not at all necessary and obliged to give notice of termination of the Contract in advance. After termination, the Company will give notice thereof in accordance with terms and conditions of the contract.
8. INVALIDITY OF ONE OR MORE PROVISIONS:
a) The invalidity and irrelevance of any provision of these Terms and Conditions, it shall not affect the validity and relevancy of the other provisions of these Terms and Conditions.
b) If any provision of these Terms and Conditions is invalid, or is unacceptable and not applicable in the agreed circumstances according to the criteria of rationality and equality, a certain provision shall be applicable to the parties after considering all the circumstances which corresponds with the provisions of the invalid part as much as possible and the purpose of these Terms and Conditions.
9. MODIFICATION OF SERVICE AND TERMS AND CONDITIONS:
a) The Company in it’s sole discretion and right, can modify, alter or replace any of these Terms and Conditions.
b) The Company also in its discretion and right, can change, suspend, or discontinue the Mobile Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by issuing notice through the Postal Service, Mobile Application or via email. The Company may also have discretion as to limits on certain features and services or restrict the customer’s access to parts or all of the Service without notice or liability.
10. NOTICE:
The Company may give a notice by means of a general notice on the Service or Mobile Application through electronic mail to the customer’s email address, which is recorded, in the Company’s Account Information, or by written communication sent through regular postal address, which is recorded in the Company’s Account Information.
11. ASSIGNMENT:
The customer should not assign his/her/its rights under these Terms and Conditions without prior written approval from the Company.
12. PRIVACY POLICY AND COOKIE NOTICE:
The Company collects and processes the personal data of the customers whoever visits the Website and use the Mobile Application according to the Privacy Policy and Cookie Notice.
13. EXCUSABLE DELAYS (Force Majeure):
Neither the Company nor the Service Providers shall be obligated or responsible for delays or failures in performance resulting from extraordinary event or circumstances or acts beyond their control and without their fault and negligence. Such excusable delays or failures may be caused by road blocking and diversions, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, Acts of God and similar occurrences.
14. MISCELLANEOUS:
a) The Courts of Chennai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Company and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date after which no claim will be held relevant against the Company.
b) The Company shall be entitled to add, vary, remove, withheld or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation, removal, withheld or amendment. Once such addition, variation, removal, withheld or amendment are incorporated into these terms and conditions at website at _______________ and at Mobile Application or on the date the Company may indicate such addition, variation, removal, withheld or amendment is to come into an effect.
c) The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
d) The Customer who seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the Company's Partner, then the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the said Service Provider only.
e) The Company provides links to third party website as a convenience to the Customers or as an advertisement. The Company does not have any control over such sites (i.e. content and resources provided by them). The Company recommends reading such site's terms and conditions and/or privacy policies before using such sites.
f) This web site ____________ and Mobile Application were been created,developed, published and maintained by M/s. Oor Cabs Private. Access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and the Customers.
Terms & Conditions (In case of Taxi owned by Company)
This Terms and Conditions explain the nature and scope of the relation between the Customer and the Company (hereinafter the following Terms and Conditions should be referred to as the Standard Terms and Conditions)
1. DEFINITIONS:
a) “Cab” or “Taxi” shall mean the radio Cab to be provided by the Company to the Customer for performance of the Services.
b) The “Company” shall hereinafter individually and collectively mean M/s. Oor Cabs Private Limited. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agents, etc.
c) “Driver” shall mean the person engaged by the Company who acts as a
steersman of the Cab/Taxi.
d) Force Majeure Event includes but is not limited to road blocking or diversion, strikes, lockouts, labor disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against.
e) “Services” shall mean the pickup and drop service to be provided through the taxi owned by the Company for the customer from and to such locations as may be requested by the customer.
f) Use of Service shall mean and includes but is not limited to, all the Customers dialing the dedicated number of the Company or visiting the official website of the Company or downloading the Mobile Application or hiring the Cab from the street side.
2. GENERAL CONDITIONS:
1. These Terms and Conditions cover limitations and exclusion on the liability over the Company. These Terms and Conditions are applicable to the customer and are governing the use of Cabs throughout India.
2. The customers are bound by the following Terms and Conditions and are legally in contract with the Company. This Terms and Conditions apply to all the services offered by the Company collectively with any additional Terms and Conditions that may be applicable to the specific Service used or accessed by the customer or offered by the Company.
3. The customer is informed that based on the Motor Vehicle regulations, the Services are provided under the following different legal entities
|
1. |
The Metered Taxi Services provided under the licenses issued by the
State Transport Authority and whose fares had been regulated and
operated under M/s. Oor Cabs Private Limited. |
|
2. |
The Radio Taxi Services provided where no licenses are required and
whose fares are self regulated is operated under M/s. Oor Cabs Private
Limited |
4. M/s. Oor Cabs Private Limited is authorized Licensee of the brand name OOR and such other brand as may be created by the Company from time to time.
5. The customer should furnish clear, accurate and complete information to the Company and the Company is entitled and having a right to verify and cross check the information that customer provided. The customer should access and acquire the Service using the authorized means. It is the customer’s responsibility to check and ensure that whether the customer has downloaded the correct Mobile Application for the customer’s device or visited the correct portal or dialed-in the accurate call center number. The Company shall not be liable if the customer did not download the correct Mobile Application or visited
the appropriate web portal or dialed-in the correct call center number. The Company reserves and deserves the right to discontinue or introduce any modes of booking of Taxi.
6. The customer should treat taxi drivers with respect and should not cause damage to the property (taxi) and life of taxi driver or engage in any unlawful activities, threatening, harassing, abusive behaviour or activity whilst using their taxi or the service;
7. The customer should refrain from doing anything which the Company reasonably believe to be disreputable or capable of damaging the Company’s reputation;
8. The customer should acknowledge that the company has limited control over the nature and the content of information and chat transmitted or received by the customer or other users of Taxi. Although the Company reserve the right and the Company did not monitor such content in the usual course of business and will not be liable for any such content. If customers have any complaint about another user, he/she/it can contact through the dial-up phone call, the Mobile Application and the website.
9. The customer should comply with all applicable laws;
10. The customer shall compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of customer’s breach of these Terms and Conditions.
11. The Company is not at all responsible for the unruly behaviour, actions orinactions of taxi drivers, quality of cab which the customer may use (through the company or otherwise).
12. The customer should agree that the Company does not assure the customer about the availability of taxi even after accepting or confirming the booking.
13. By using the Mobile Application of the Company, the customer further agree that:
a) The customer should download the Mobile Application for his/her/its sole, personal use and will not use for or resell it to a third party;
b) The customer shall not authorize others to use his/her/its account;
c) The customer shall not assign or otherwise transfer his/her/its account to any other person or legal entity;
d) The customer shall not use an account that is subject to any rights of a person other than him/her/its without appropriate authorization;
e) The customer should not use the Mobile Application to cause nuisance, annoyance or inconvenience;
f) The customer should not harm the proper operation of the network;
g) The customer shall not hurt the Mobile Application in any way whatsoever;
h) The customer should not copy, circulate, publish and distribute the Mobile Application or any other contents of the Company without written permission from the Company;
i) The customer should keep secured and confidential about his/her account password or any other identification that the Company provided to the customer which allows access to the Mobile Application;
j) The customer should furnish to the company with whatever proof of identity the company may reasonably request;
k) The customer should not use the Mobile Application with an incompatible or unauthorized device;
l) The customer should comply with all applicable law of the land, the country, the state and the city in which the Company’s legal jurisdiction falls while using the Mobile Application.
The Company reserves the right to immediately terminate the use of the Mobile Application, If the customer did not comply with the any of the above mentioned rules.
3. CHARGES AND PAYMENT:
a. `The trip charges of the call taxi service provided under M/s. Oor Cabs PrivateLimited shall be governed by regional transport authority of the respective cities and states. However, any regulatory authority does not prescribe the trip charges of the call taxi services shall be self-regulated as the charges. The Company reserves its rights to make necessary changes in the trip Charges without any prior written or verbal intimation to the Customers. The customer is obliged to pay trip charges for the Service to the Driver and the rate details can be received through Website, Call Center and Mobile Application or through such other booking platform of the Company.
b. The customer should agree that the trip charges includes the trip fare and any additional charges levied by the Company which includes parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. The toll charges will be payable by the customer as applicable, only when the Cab crosses the toll post. Any payment made is non- refundable. At the end of the trip, the customer will receive a trip invoice on his/her/its registered e-mail account with the Company.
c. The customer should agree to pay for all Services he/she/it availing from the Company either in cash or on net banking/credit card/debit card/wallet/UPI. In the event the payment cannot be accepted through net banking/credit card/debit card/wallet/UPI, the customer should pay the trip charges in Cash. The processing of payments or credits, as applicable, in connection with the customer’s use of the Mobile Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and the
customer’s credit card/debit card /wallet/UPI issuer in addition to these Standard Terms and Conditions. The Company is not responsible for any errors by the Payment Processor. In connection with the customer’s use of the Service, the Company will obtain certain transaction details, which Company will use solely in accordance with its Privacy Policy and Cookie Notice.
4. LIABILITY:
a) The Company shall not be jointly or severally held responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of services offered by the Company or due to the failure of the Company to provide services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the services& recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems.
b) Without prejudice to the above, the Company shall not be jointly and severally held liable for any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by the Company to provide a Cab to the Customer within any stipulated time even if the Company has agreed to provide the Cab or even if the Customer has advised the Company of the possibility that any such loss or damage would result if the Cab is not provided at all or within the stipulated time.
c) In the event any customer misses the train or flight or bus, the Company will not be held liable for any compensation or any direct or indirect losses incurred by the Customer. The Customer shall be responsible to make an alternate arrangement if the Cab has not reached the pick-up location due to any reason. The Company shall not be responsible or liable for any meeting or other occasions, functions missed by the Customer.
d) The Company shall not be liable for any delay or failure in the performance of any of its duties and obligations, to the extent that such delay or failure is caused due to a Force Majeure Event.
e) The Company shall not be held liable or responsible for any illegal conduct of the Drivers of the Cabs. However, the Company recommends the customer to notify about any complaints that he/she/it may have against the Drivers of any Cab.
f) The Company shall not be responsible for any loss of communication or information of status update & benefits under any Services or program of the Company. All this information will be sent to mobile number, email address registered with the database of the Company. The Company will not be responsible for appropriateness of mobile or email or any other communication medium. The Customer shall be held responsible for immediately reporting the errors, if any, occurred in the information sent to the Customer regarding booking confirmation.
g) The Company does not warrant that this site, its servers, or e-mail sent from its Cabs are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
h) Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 1000.
5. PROCEDURE FOR AVAILING THE SERVICES OF THE COMPANY/ BOOKING A CAB:
a) In order to obtain the Services of the Company, the customer shall be initially required to either log-in through the official website of the Company; or download and install the Mobile Application on Android, IPhone or any other smart phone; or dial the dedicated number of the Company; or hail the Cab from the street side.
b) Upon receiving the customer’s request of the Cab, the Company may accept or reject your booking depending on the availability of the Cab.
c) The Company shall be entitled at any time without giving any reason or prior notice to terminate or cancel the bookings of the customers.
6. OBLIGATIONS OF THE CUSTOMERS:
a) The Company encourages the customer to take full responsibility of his/her/its items. In case of lost items inside the Cabs during the journey, the Company will try to locate the items on a "best-effort" basis but the Company will not responsible for the same in case of loss or damage to the same.
b) If the customer leaves any goods in the taxi or has any complaint in respect of the services or the use of the taxi, the Customer has to inform the Company about the same in writing within 24 hours of using the Cab or the services of the Company.
c) The customer should agree and acknowledge that the use of the services offered by the Company is at his/her/its sole risk and that the Company disclaims all representations and warranties of any kind, whether expressly or impliedly as to the condition, suitability, quality, merchantability and fitness for any purposes. Without prejudice to the above, the Company makes no representation or warranties that, the service will meet customer’s
requirements and the service will be uninterrupted, timely, secure, or error- free.
7. AREA OF OPERATION:
The Taxi shall operate within the limits as prescribed by the State Transport Authority or as per the provisions under the respective Permits/Licenses.
8. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights)
a) The Company is the sole owner and lawful licensee of all the rights to the website and its contents. Website content means its logo, design, layout, text, images, graphics, sounds, video, etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensors as the case may be.
b) All rights not otherwise claimed under this Terms and Conditions or by the Company 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.
c) The Company does not represent or endorse the accuracy or reliability of any information or advertisement 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 as a result of any product, information or other materials displayed, or obtained as a result of an advertisement or any other information or offer in or in connection with the service.
d) All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions are protected under applicable copyrights,trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks isstrictly prohibited and prosecuted.
e) All the contents on this website are copyright of the Company except the third party content and link to third party website on our website.
9. MISCELLANEOUS:
a) The Courts of Chennai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Company and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date after which no claim against the Company.
b) The Company shall be entitled to add, vary, remove, withheld or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation, removal, withheld or amendment. Once such addition, variation, removal, withheld or amendment are incorporated into these terms and conditions at website at ____________ and at MobileApplication or on the date the Company may indicate such addition, variation, removal, withheld or amendment is to come into an effect.
c) The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
d) The Customer who seeks to use or obtain any of the services, benefits,facilities and arrangements as offered by the Company Partner, then the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the said Service Provider only.
e) The Company provides links to third party website as a convenience to the Customers or as an advertisement. The Company does not have any control over such sites (i.e. content and resources provided by them). The Company recommends reading such site& terms and conditions or privacy policies before using such sites.
f) The Website ___________ and the Mobile Application are created, developed,published and maintained by M/s. Oor Cabs Private Limited. Access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and the Customers.
10. TRIP TRACKER SERVICE:
a) The Trip Tracker Service is optional and will be provided based only on the information given by the customer with regard to the tracking number while making the booking of the cab.
b) The trip tracker service once activated shall be ongoing unless otherwise deactivated by the customer.
c) The Company assumes the deemed consent of the owner of tracking number (to receive Trip Tracker SMSs) and shall not be responsible or liable for the authenticity of the tracking number.
d) If the customer desires to give any other tracking number, the same shall be done by the customer well in advance by intimating the Call Center or by using the "edit" option given on the website and in any case before the booking the cab. The SMS will be sent to the last tracking number intimated to the Call Center or registered on the website before the booking of the cab.
e) The service may not be available if any routine maintenance is carried out for a short period of time and the Customer will be informed accordingly. Whilst every attempt will be made to restore the trip tracking service, the Company will not be responsible for any failure or delay to offer the service due to routine maintenance.
f) If the customer wishes to end his trip before the drop destination, the trip tracking service will send the SMS as showing that location as end of trip where the customer has actually ended the trip
g) The Company will not be responsible for any delay in failure of message due to any technical error, the mobile service provider of the Company or the customer or the person whose number has been provided as trackingnumber. Once the trip tracker SMS is sent from the Company dispatch system, the same shall be regarded as sent irrespective of any delay or failure on account of any condition.
h) The Company will not be responsible for the accuracy of the information, any situations like congestion of network or traffic jams and in no event the information sent by way of SMS under the trip tracking service shall be used for planning a meeting or any other purpose. The Company shall not be responsible for any delay on account of such situations and information provided under the trip tracking service. It is only meant for sending the SMS alerts about the cab location and the trip.
i) The Company does not assure a complete sustainability of this service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner.
j) The Company shall not be responsible for the correctness of the tracking number provided by the Customers
11. ASSURED SERVICE: AIRPORT & RAILWAY STATION
a) The Terms and Conditions for Assured Airport and Railway Station Services are over & above Standard Terms Conditions of the Company.
b) The Company reserves it& right to change, alter, amend, remove, modify, cancel and withheld the terms and conditions for Assured Airport and Railway Station Services, including discontinuation of the program itself, without any prior notice.
c) The Company assures availability of cab, for all Accepted bookings in our booking system. The Company customer will get booking confirmation after acceptance of booking. Cab information will be sent to the customer approximately 20 min prior to pick up time. To avail this benefit, minimum trip distance should be 5 Kms (Aerial). The Assured Service for Airport Drop is available only in the Cities as notified by the Company from time to time.
d) This benefit will be applicable for pickup apart from airport, as defined belowfor respective city. At Airport Railway Station, we need to follow the rules regulations laid by respective airport railway authority.
e) The Company will not be responsible for servicing the booking in case of Customer No Show Customer Cancellation.
f) Non service means, not able to provide cab after Accepting your booking. Ifyour booking is not accepted, at the time of initial contact for cab booking, it will not be considered as non service the company will not be liable for any token of regret. The Company will investigate the reasons of non service internally & respond accordingly. The final discretion on all matters related to the token of regret shall rest with the Company
g) All additional schemes or benefits under the Assured Service program from time to time will carry respective terms conditions.
h) The customers are requested to be registered with our website _______ and our Mobile Application and update any change in address and profile from time to time in respective profile section at our website. Any information sent by the Company will be sent only to the mobile numbers/e-mail address registered on the website of the Company.
i) Privilege / gift voucher are subject to the respective terms conditions, if any.
j) If any dispute between a Assured Service customer and the Company, with regard to or in relation to Assured Service the decision of the Company will be deemed as final and binding for this program and shall not be questioned.
k) The customer must book the Cab after taking into account the check-in time for Airport and boarding time for railway station booking and the Company will not be held liable and responsible for any such delays on account of traffic jams and also if the he/she is not ready at the time of arrival of Cab.
l) The Company is authorized to use customer information captured in the Company Server System (data base) for Assured Service program send communication to the registered Mobile Number and Email ID.
m) The Company shall provide Taxi Services till the permissible limit of the Airport and Railway Station area.
n) The Company is not responsible for performance, quality and claims of any third party product or services offered under this program, if any.