This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Application is created and operated by M/s Taxiwale.com (hereinafter referred to as “We”, “Our”, and “Us”) and operating under the brand name “TaxiWale Partners” (“Brand name”). We intend to ensure your steady commitment to the usage of this application and the services provided by us through our application “Taxiwale Partners” (“Application”)
The application provides the option of registering yourself by placing a request on the platform by merely providing your Name, Phone number, email id, Postal code and city. The application shall also ask for information such as your License number and Aadhar number to maintain the authenticity of users in the community and to reduce frauds and scams.
A booking may be made via the application maximum – months and minimum – hours before the commencement date of the trip (subject to availability of resources for which booking is required). The user shall be asked to pay an initial deposit of Rs – for his booking that shall be calculated based on the services hired by customer.
Before the completion of the trip, the user will have to make the full and final payment and the Driver reserves the right to ask you to pay the balance amount, if any at any time during the trip depending on your preferred payment method, or final payment will be required to be made in Cash to the driver just before departure.
The user can modify the following booking details the date of arrival or departure and in such a circumstance, we shall try our best to amend modifications in same booking else the existing booking will be cancelled and a new booking will be created, for which the refund and cancellation policy shall apply.
- You shall not use the Application if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
For making all payments for purchases on the Application, you shall be required to make payment for which you will be redirected to a third-party payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Application.
All the Content displayed on the Application is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Application and whilst feedback and comments by You can be made via the Application, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Application. Further, the Application reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Application or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Application. You shall not copy, adapt, and modify any content without written permission from Us.
- Your use of the Application,
- Your violation of any rights of another;
- Your conduct in connection with the Application;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Application and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
- We are not responsible for any consequences arising out of the following events:
- If the Application is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If you have fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by Us;
- If there is a failure in the functioning of any other service provided by Us.
- The Application accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Application or any service availed of by Us through the Application. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Application.
- To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Application.
- You may terminate your use of the Application at any time.
- Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
- It is also hereby declared that we may discontinue the Services and Applications without any prior notice.
- We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Application, or any portion thereof, at any time, without notice or cause.
- We also reserve the universal right to deny access to You, to any/all of are on its Application without any prior notice/explanation to protect the interests of the Application and/or other Users to the Application.
- We reserve the right to limit, deny or create different access to the Application and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Application and providing Your identity and contact information to Us through the Application, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.
You can report to “Yogesh Gupta at +91 94626 59981” if you find any discrepancy with regard to Application or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges that you are a restricted user of this Application and you:
- Agree to provide genuine credentials during the process whenever required on the Application. You shall not use a fictitious identity to register. We are not liable if you have provided incorrect information.
- Agree to ensure the Name, Email address, Address, Mobile number, and any such other information that may be provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
- Agrees that the User shall be entirely responsible for all activities that the user shall undertake post making the booking with the service provider/vendor and the user shall undertake sole responsibility towards any activities including but not limited to vehicle accidents, smuggling, trafficking, any illegal or prohibited activities. Further, the user shall waive all its rights to undertake any action against us towards any breach of personally identifiable information.
- You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- The User represents and warrants that the User shall undertake to exclude any liability and hold the company harmless for any legal action that may arise for the company due to the user’s activities which may involve any type of illegal activities in which the user undertakes to use the services of the vendor under the influence of drugs, alcohol, or for smuggling, trafficking etc which may or may not involve prohibited substances and commodities or if there arises any legal action against the company under the provisions of the Indian penal code.
- The User further represents and warrants that the negotiations and the discussions between the user and the vendor shall be at their sole discretion and the Company in no manner shall be made a party to such discussions that may involve the vendor’s services to the user. Such discussions and negotiations may include but not limited to the payment and payment terms.
- The User represents and warrants that the company shall have a limited liability to provide the user with a basic acknowledgement on the condition of the vehicle that may be provided by the vendor. However, the Vendor shall be solely responsible for all the quality and the condition of the vehicle provided by the Vendor to the user and the user shall in no manner bring out any suit or thereby any legal action against the company.
- The user represents and warrants that the company may offer other additional accidental insurance packages from any third parties, which will benefit the user. However, the Company does not guarantee the user the same at any time.
- Authorize the Application to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Application. Any such use/limited use of the Application will only be allowed with the prior express written permission.
- Agree not to access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface provided by the Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application will lead to suspension or termination of your access to the Application. We disclaim any liabilities arising concerning such offensive content on the Application.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on the Application is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Application, at our sole discretion.
You further undertake not to:
- Engage in any activity that interferes with or disrupts access to the Application or the services provided therein (or the servers and networks which are connected to the Application);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Application, or any other viewer of the Application, including any User account maintained on the Application not operated/managed by the User, or exploit the Application or information made available or offered by or through the Application, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Application or any affiliated or linked Applications.
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the Application;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Application;
- You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Application might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- By indicating Your acceptance to use any services offered on the Application, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
- You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
- You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the Application without prior intimation whatsoever.
- You agree not to post any material on the Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Application, and/or refuse to the usage of the Application, without being required to provide you with notice or cause:
- If you have provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
You shall not use any of the intellectual property displayed on the Application in any manner that is likely to cause confusion among existing or prospective users of the application, or that in any manner disparages or discredits the application, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Application through which You can communicate with other users and the Application does not own any of the intellectual property relating to the independent content displayed on the Application, apart from created graphics and specified content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- You further agree and undertake that you are accessing the Application at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Application or accessing/using any information displayed thereon.
- You agree that any kind of information, resources, activities, recommendations obtained/availed from the Application, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
- We do not guarantee that the features and content contained in the Application will be uninterrupted or error-free, or that the Application or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Application.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Udaipur, Rajasthan, India.