TRIP Cabs TERMS AND CONDITIONS
Last updated April 14, 2024
TABLE OF TERMS AND CONDITION CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. MOBILE APPLICATION LICENSE
9. SOCIAL MEDIA
10. SUBMISSIONS
11. SITE MANAGEMENT
12. PRIVACY POLICY
13. TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS
15. GOVERNING LAW
16. DISPUTE RESOLUTION
17. CORRECTIONS
18. DISCLAIMER
19. LIMITATIONS OF LIABILITY
20. INDEMNIFICATION
21. USER DATA
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23. MISCELLANEOUS
24. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Gogo Cabs ("Company ," “we," “us," or “our”), concerning your access to and use of the http://www.thetripcabs.co.in website as well as any other media form, media channel, mobile website and mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Chennai, Tamilnadu, India and have our registered office at TRIP Cabs, M110, Cactus, No: 173, 6th Floor, Block – B, Tecci Park, Rajiv Gandhi Salai, OMR, Sholinganallur, Chennai – 600119, Tamil Nadu, India.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE OR ANDROID APP/ IOS APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Web Site or Android App / IOS App.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our TRIP Cabs property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Web Site or Android App / IOS App.(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of INDIA, The Content and the Marks are provided on the for Web Site or Android App / IOS App. Your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Web Site or Android App / IOS App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Web Site or Android App / IOS App, you are granted a limited license to access and use the Web Site or Android App / IOS App. and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Web Site or Android App / IOS App, you represent and warrant that:
1) all registration information you submit will be true, accurate, current, and complete,
2) you will maintain the accuracy of such information and promptly update such registration information as necessary,
3) you have the legal capacity and you agree to comply with these Terms of Use,
4) you are not a minor in the jurisdiction in which you reside,
5) you will not access the Web Site or Android App / IOS App. through automated or non-human means, whether through a bot, script, or otherwise,
6) you will not use the Web Site or Android App / IOS App. for any illegal or unauthorized purpose, 7) your use of the Web Site or Android App / IOS App. will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web Site or Android App / IOS App. (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Web Site or Android App / IOS App.
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Web Site or Android App / IOS App. for any purpose other than that for which we make the Web Site or Android App / IOS App. available. The Web Site or Android App / IOS App. may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Web Site or Android App / IOS App, you agree not to:
Systematically retrieve data or other content from the Web Site or Android App/ IOS App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Web Site or Android App/ IOS APP , including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Web Site or Android App / IOS App and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Web Site or Android App / IOS App.
Use any information obtained from the Web Site or Android App / IOS App. in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Web Site or Android App / IOS App. in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Web Site or Android App / IOS App.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Web Site or Android App / IOS App.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Web Site or Android App / IOS App. or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Web Site or Android App / IOS App. to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Web Site or Android App / IOS App, or any portion of the Web Site or Android App / IOS App.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Web Site or Android App / IOS App., or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Web Site or Android App / IOS App.
Make any unauthorized use of the Web Site or Android App / IOS App., including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Web Site or Android App / IOS App. as part of any effort to compete with us or otherwise use the Web Site or Android App / IOS App. and/or the Content for any revenue-generating endeavour or commercial enterprise.
Use the Web Site or Android App / IOS App. to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
The Web Site or Android App / IOS App. does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Web Site or Android App / IOS App. and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Web Site or Android App / IOS App.
Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Web Site or Android App / IOS App., and other users of the Web Site or Android App / IOS App. to use your Contributions in any manner contemplated by the Web Site or Android App / IOS App. and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Web Site or Android App / IOS App. and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Web Site or Android App / IOS App. in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Web Site or Android App / IOS App.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).By submitting suggestions or other feedback regarding the Web Site or Android App / IOS App, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web Site or Android App / IOS App. You are solely responsible for your Contributions to the Web Site or Android App / IOS App. and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. MOBILE APPLICATION LICENSE
Use License
If you access the Web Site or Android App / IOS App. via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
3) violate any applicable laws, rules, or regulations in connection with your access or use of the application.
4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended.
6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail.
9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
4) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application and
6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
9. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
1) providing your Third-Party Account login information through the Site or.
2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that.
3) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and .
4) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Web Site or Android App / IOS App. ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11. SITE MANAGEMENT
We reserve the right, but not the obligation to:
1) Monitor the Site for violations of these Terms of Use.
2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities
3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
4) In our sole discretion and without limitation, notice, or liability, to remove from the Web Site or Android App / IOS App. Or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems and.
5) Otherwise manage the Web Site or Android App / IOS App. In a manner designed to protect our rights and property and to facilitate the proper functioning of the Web Site or Android App / IOS App.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://thetripcabs.co.in/privacy_policy . By using the Web Site or Android App / IOS App. you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Web Site or Android App / IOS App is hosted in India . If you access the Web Site or Android App / IOS App. from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India , then through your continued use of the Web Site or Android App / IOS App, you are transferring your data to India , and you agree to have your data transferred to and processed in India .
13. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Web Site or Android App / IOS App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEB SITE OR ANDROID APP / IOS APP. (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Web Site or Android App / IOS App. at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Web Site or Android App / IOS App. We also reserve the right to modify or discontinue all or part of the Web Site or Android App / IOS App. without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Web Site or Android App / IOS App.
We cannot guarantee the Web Site or Android App / IOS App. Will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Web Site or Android App / IOS App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Web Site or Android App / IOS App. At any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web Site or Android App / IOS App. during any downtime or discontinuance of the Web Site or Android App / IOS App. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Web Site or Android App / IOS App. or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Terms shall be governed by and defined following the laws of India . TRIP Cabs and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
16. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the Commercial Arbitration Court under the INDIAN Arbitration Chennai Tamil Nadu.
which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one.
1) The seat, or legal place, of arbitration shall be Chennai, Tamil Nadu, India . The language of the proceedings shall be Tamil . The governing law of the contract shall be the substantive law of India .
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law.
(a) no arbitration shall be joined with any other proceeding.
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures and,
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use and
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Web Site or Android App / IOS App. that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Web Site or Android App / IOS App. at any time, without prior notice.
18. DISCLAIMER
THE WEB SITE OR ANDROID APP / IOS APP. YOU AGREE THAT YOUR USE OF THE WEB SITE OR ANDROID APP / IOS APP. AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE OR ANDROID APP / IOS APP. CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY.
1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE OR ANDROID APP / IOS APP.
3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE OR ANDROID APP / IOS APP.
5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE OR ANDROID APP / IOS APP. BY ANY THIRD PARTY, AND/OR
6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE OR ANDROID APP / IOS APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANDROID APP / IOS APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE.
1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN INDIAN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
1) use of the Web Site or Android App / IOS App.
2) breach of these Terms of Use.
3) any breach of your representations and warranties set forth in these Terms of Use.
4) your violation of the rights of a third party, including but not limited to intellectual property rights or.
5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Web Site or Android App / IOS App.
for the purpose of managing the performance of the Web Site or Android App / IOS App.
As well as data relating to your use of the Web Site or Android App / IOS App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Web Site or Android App / IOS App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Web Site or Android App / IOS App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Web Site or Android App / IOS App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE Web Site or Android App / IOS App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Web Site or Android App / IOS App. or in respect to the Web Site or Android App / IOS App. constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
24. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Web Site or Android App / IOS App.
Please contact us at:
By Email:
admin@thetripcabs.co.in
By Post:
TRIP Cabs
M110, Cactus, No: 173, 6th Floor,
Block – B, Tecci Park, Rajiv Gandhi Salai,
OMR, Sholinganallur, Chennai – 600119,
Tamil Nadu, India.
TERMS AND CONDITIONS
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF TRIP Cabs AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE TRIP Cabs.
The app name TRIP and the Site is owned and operated by TRIP Cabs (hereinafter referred to as TRIP ‘Company’, ‘us’, ‘we’), a company incorporated under the Companies Act, 1956/2013, with its registered office at TRIP Cabs, M110, 6th Floor, Block - B, Cactus, #173, Tecci Park, Rajiv Gandhi Salai (OMR), Sholinganallur, Chennai – 600119. The Company has developed and provides software, which is a technology-based software or mobile application "TRIP Driver App" ("Driver App") for facilitating on-demand transportation services to the Customers by means of three-wheeler (“Vehicle”) through vehicle operators using software of the Company ("Drivers") who wish to offer such services .On the basis of the representations and warranties provided by the Driver, the Company has agreed to offer software to the Driver in accordance to the terms and conditions as hereinafter provided ("Terms and Conditions") to enable the Driver to provide the services.
TRIP reserves the right, at its sole discretion, to change, modify, add or remove these Driver Terms and Conditions, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the Driver Terms and Conditions periodically for changes. Your continued use of the Driver App following the posting of changes will mean that You accept and agree to the changes.
DEFINITIONS
All the defined and capitalized terms in these Driver Terms and Conditions will have the meaning assigned to them herein below.
“Applicable Laws” shall mean TRIP Cabs, (Intermediaries Guidelines) Rules, 2011 and rules made thereunder and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.
“Customer” shall mean a person who books a ride through the DRIVER TRIP App for availing the transportation provided by a Driver who is using software of the Company.
“Fare” shall mean the charges paid or payable by a Customer to the Driver pursuant to such Customer booking a ride through the App and completion of such ride.
“Information” shall mean the details furnished by the Driver for registration and onboarding on the Driver App.
“Driver Service” means the service provided by a Driver to the Customer.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
In order to use most aspects of the software, you must register for and maintain an active personal user service account (“Account”’). For creating your Account, integrating your Vehicle and on-boarding as a Driver on the Platform, you must complete the registration process on the Driver App. For completing your on-boarding process, the Company shall collect Driver Information i.e., your personal information including name, vehicle number, driver’s license, mobile number, residential address, date of birth, your identification proofs like PAN, canceled cheque, photo etc. For integrating your vehicle with the Platform, you will be required to submit copies of valid government-issued vehicle registration certificate, vehicle number, vehicle insurance copy, driving license and any other information or document that the Company may be required to collect in conformity with Applicable Laws. Company may appoint third parties to conduct background check and for verification of documents during the onboarding process. The Company stores and processes your Information, including any sensitive financial information, in accordance with the TRIP Cabs and the Rules made thereunder as well as the Privacy Policy of the Company.
In the course of your use of the Driver App, you agree to furnish your details and information as requested by us from time to time. You agree to maintain accurate, complete and up-to-date information in your Account. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Terms and Conditions, we shall have the right to suspend or terminate your Account on the Driver App or indefinitely block you from accessing the Driver App. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by the Company in writing, you may only possess one Account.
OBLIGATIONS OF DRIVER
The Driver must be at least 18 years of age, or the age of legal majority as per Indian Contract Act, 1872, to be able to avail the software services of Company.
The Driver shall ensure registration of the Vehicle at all times and shall hold and keep updated, renewed all licenses, insurance and permits necessary as required under Applicable Law.
The Driver shall not undertake any unlawful or illegal activity while performing services.
The Driver shall not allow unauthorized persons to drive the Vehicle and shall ensure that the Vehicle is not in an unsafe condition.
The Driver shall immediately bring to the notice of TRIP any deviation from the terms of these Terms and Conditions.
The Driver shall ensure that insurance including without limitation third party insurance of Vehicles and such other insurance as may be required by Applicable Law is obtained and always maintained, and TRIP shall not be liable for taking insurance or paying premium thereof in respect of the Vehicle or any liability arising out of plying of such Vehicle.
The Driver shall ensure and confirm that he understands the language of the Driver App and shall ensure that he/she chooses the best language known to him amongst the options displayed on the Driver App.
The Driver will have a functioning mobile number and also have the ability to read text messages sent by TRIP, regarding the Customer details. The Driver shall be solely responsible for reading and acting upon any instructions sent by text messages on his registered mobile number.
In the event any Customer leaves his/her property in the Vehicle, the same shall not be pilfered or tampered with by the Driver and shall be reported immediately by the Driver to the Customer with assistance of TRIP if required. In the event the Driver pilfers or tampers with the property of the Customer, the Driver shall be solely liable for any damages claimed by the Customer and TRIP may at its sole discretion terminate the Driver’s registration and disable the Driver’s access to the software. TRIP shall in no event be liable for loss of or damage caused to the property of the Customer.
The Driver shall make himself/ herself available for such training(s) as TRIP may be required to organize pursuant to Applicable Law.
The Vehicle shall be the sole responsibility of the Drivers and the Driver shall bear the responsibility of any loss or damage to the Vehicle caused by a Customer or any other third party for any reason whatsoever.
The Driver shall comply with the Applicable Laws including holding a valid driving license and registration/insurance papers for the Vehicle.
TRIP shall not be responsible for any cancellation or refusal of provision of Driver Services.
TRIP helps Customers to locate Drivers willing to offer the Driver Services.
The Driver agrees that the costs associated with the maintenance of the Vehicle shall be borne by the Driver.
The Driver shall be solely responsible and liable for:
Any failure to complete a ride by the Driver;
Any failure to pick up Customer(s) at the allotted time and/or place;
any act or omission on the part of its Drivers including any rash and negligent driving, verbal, physical or harassment of any nature;
For provisioning of services;
Any violation or non-adherence to the Applicable Law by the Driver;
Any physical and/or mortal danger caused to the Customers whilst using or in connection with the Driver Service;
Charging excess amounts from the Customer over and above the total Fare.
The Driver hereby agrees that any complaint/s by Customers regarding the Vehicle or Driver will be liability of the Driver for which TRIP shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver, TRIP may, in its sole discretion, immediately terminate the Account of such Driver, by providing a notice to Driver to this effect.
In relation to the Driver App, the Driver agrees to not authorize any other person to use his Account on the Driver App or authorize others to drive the Vehicle for any rides;
The Driver shall not copy, or distribute any content on the Driver App without written permission from the Company. Subject to the Terms and Conditions, Company grants to you a personal, non-exclusive, non-assignable and non-transferable license to use the software provided by or on behalf of Company (including any updates) only for the purpose of accessing the software ("Software"). Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void and may result in termination by the Company of your Account. You agree that you shall not copy or duplicate or permit anyone else to copy or duplicate any part of the Software, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs.
PAYMENT
The Company has the discretion to charge any software usage/ software subscription fees including taxes as per applicable laws, from the Driver if decided by the Company.
The Driver shall charge Fare from the Customer directly and the method of such payment is not known to the Company.
The fare is based on the Central Government Rules factoring charges applied by TRIP and is not determined by the drivers.
REPRESENTATIONS AND WARRANTIES
The Driver hereby represents that: -
You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
You have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle.
You have all rights, licenses and permits as may be required by Applicable Laws to comply with these Terms and Conditions. You hereby represent that you will maintain and continue to maintain all local licenses, permits, approvals and consents in respect of the Vehicle. You shall be solely responsible and liable for any violation of any law, rule or regulation in the performance of your obligations under these Terms and Conditions.
You shall not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of your services.
You are of sound health conditions as mandated on you by the Applicable Law.
DISCLAIMER
Company does not warrant that You will be able to use the Driver App or that the Driver App will be uninterrupted or error-free or that the defects will be capable of being corrected by Company in a timely fashion. TRIP Driver App, and all other technology developed and installed on your Device are provided on an “AS IS” and “AS AVAILABLE” basis and Company specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. The provisioning and quality of services is solely the responsibility of the Driver and is as per your agreement with the Customer(s) and the Company has no control over such Driver Services. Any dispute between you and your Customer is your responsibility and the Company shall not be liable for the same. Further, the Company shall not be responsible for non-receipt of fare by you from your Customer(s).
CONFIDENTIALITY
You acknowledge that pursuant to these Terms and Conditions, you will have access to confidential information of Company and other data. You undertake to keep confidential all data and confidential information of the Company and shall not sell or otherwise make that information available to any third parties.
INDEMNITY
You hereby agree to indemnify, defend and hold harmless us, our affiliates and respective officers, directors, employees, representatives and agents against any claim demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your representations, or warranties under the Terms and Conditions; (ii) Your misconduct or unauthorized access to data or permitting in any way by You the transfer of such data to the competitors of TRIP or its affiliates; (iii) breach of Applicable Laws; (iv) any complaint from any Customer received by TRIP with respect to defective or deficient Driver Service(s) or physical harm to the Customer due to Driver’s actions (vii) any fraud, negligence and misconduct of the Driver and (viii) any other act or omission of the Driver
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS AND CONDITIONS, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Company be liable: -
(i) for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the software provided to the Driver.
The Company is not responsible for the behavior, actions or inactions of the Driver or quality of the Vehicle or Driver Service. Any contract for the provision of Driver Services is exclusively between the Customer and the Driver and the Company is not a party to the same.
TERM AND TERMINATION
The Parties to these Agreement shall be entitled to terminate with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination. The Company is entitled to terminate this Agreement with immediate effect for: Any violation or breach of these Terms and Conditions by the Driver.
Misbehavior with the staff of Company or any other persons associated with the Company. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Company's brand and its image. Indulging in acts such as creating ruckus/ strike/ or any activity against Company, which could be detrimental to the TRIP brand and its image. Breach of data or confidential information.
RELATIONSHIP BETWEEN THE PARTIES
The Driver shall operate as and have the status of an independent contractor. The relationship between the Company and the Driver is on a principal-to-principal basis and nothing in these Terms and Conditions will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Driver. It is clarified that the Driver will not have any right to conclude any contract for and / or on the behalf of the Company. The Driver shall not be deemed for any purpose to be an employee of TRIP or any of its Affiliates. TRIP shall not be responsible to the Driver or any other authorities for any payroll-related taxes related to the performance of Driver Services hereunder or withholding or other taxes including but not limited to central or state income tax, social security benefits or unemployment compensation.
GOVERNING LAWS AND DISPUTE RESOLUTION
These Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the software or these Terms and Conditions, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Bangalore, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. Subject to the foregoing, the courts of Bangalore shall have the exclusive jurisdiction in connection with this Agreement.
MISCELLANEOUS
Change of Business Ownership and Control
In the event that TRIP enters into a transaction that alters the structure of our business, such as reorganization, merger, sale, transfer, change of control, or other disposition of all or any portion of our business, we shall transfer, share, assign data including Personal Information that we access, process, collect, store, use or otherwise deal with, to the relevant entity. Such entity shall ensure that there is no adverse material change in the manner of managing, accessing, storing or handling the data and shall implement adequate measures to protect the confidentiality and security of the information, in accordance with applicable law.
Assignment
Neither these Driver Terms and Conditions nor any of the rights, interests or obligations hereunder shall be assigned by the Driver to any third party, without the prior written consent of the Company.
Amendment
These Driver Terms and Conditions may be modified or amended by the Company at its sole and absolute discretion.
Severability
If any provision or any part of a provision of these Terms and Conditions is invalid, unenforceable or prohibited by applicable laws of India, such provision or part of provision shall be severed from these Terms and Conditions and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
Notices
The Company may give notice by means of a general notice on the Driver App, or by electronic mail to your email address as submitted by you. You need to send any notice at support@thetripcabs.co.in