Hail Cabs Terms And Conditions For Users
(Last updated on: 28 May 2022)
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000and rules made there under.
1. ELECTRONIC MEDIA
1.1 Please note that (a) the domain name https://hailcabs.in (the “Website”); and (b) the software application for use on small, wireless computing devices such as smartphones and tablets and also for use on desktop or laptop computers (“Application”) ((a) and (b) here in after collectively referred to the “Electronic Media”) is owned, controlled, managed and/or operated by Axoir Internet Ventures Private Limited, a private limited company incorporated in accordance with the laws of India, either itself and/or through its parent company, its subsidiaries or its affiliates (here in after collectively referred to as the (“Company” or “Hail Cabs”).
2. LEGAL AGREEMENT
2.1 These terms and conditions of use (‘’Terms of Use’’) govern the use and access of Electronic Media and availing of the Services (defined below) on the Electronic Media; and constitutes a legal agreement ("Agreement") between the Company, and you/yourself/yourselves (“User(s)”). If you continue to use and/or accessregistration or avail the Services offered by the Hail Cabs’s platform and browse the Electronic Media, you are agreeing to comply with and be bound bythe Terms of Use.
2.2 In addition to the aforementioned, your use and access to the Electronic Media and the services provided by us through the Electronica Media, is subject to the guidelines, rules, privacy policy, terms, conditions and/or other applicable policies and procedures (“Company Policies”)applicable to such Service, which shall be posted on the Electronic Media from time to time. Unless otherwise provided for in any specific Company Policy, the Company Policies shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of hereof. Therefore, by impliedly or expressly agreeing to be bound by the Terms of Use, you also agree to be bound by the Company Policies, as may be updated, amended or revised from time to time.
2.3 If you do not agree with the Terms of Use, please do not access and use the Electronic Media related to the Company or our Service (defined later) through all other means.
2.4 Hail Cabs reserves the right, to modify or replace, in part or full, any of these Terms of Use, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Electronic Media at any time.
2.5 HailCabs shall not be required to notify theUser of any changes made to these Terms of Use. The revised Terms of Use shallbe made available on the Electronic Media. The User is requested to visit theWebsite and/or Application to view the most current Terms of Use. The User candetermine when HailCabs last modified the Terms of Use by referring to the"Last Updated" legend above. It shall be User’s responsibility tocheck these Terms of Use periodically for changes. HailCabs may require theUser to provide User’s consent to the updated Terms of Use in a specified mannerprior to any further use of the Electronic Media and the Services. If no such separate consent is sought, User’s continued use of the Electronic Media,following the changes to the Terms of Use , will constitute User’s acceptanceof those changes. User’s use of the Electronic Media and the Services issubject to the most current version of the Terms of Use made available on the Electronic Media at the time of such use.
3. DEFINITIONS
All the defined and capitalized terms in these Terms of Use will have the meaning assigned to them here below:
3.1 "Account" shall mean the account created by the User on the Electronic Media for availing the Services provided by the Company.
3.2 “Additional Fee” shall mean such fee as maybe charged additionally, while availing the Services for the Ride from Third Party Providers, towards consumption of any additional services like wi-fiservices, partner service provider’s services, food items, water, beverages etc.
3.3 "Applicable Law(s)" shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
3.4 "Application" shall mean the mobile application "Hail Cabs" updated by the Company from time to time.
3.5 "Hail Cabs" or "us" or"we" or "our" shall mean Axoir Internet Ventures PrivateLimited, a company incorporated under the provisions of the Companies Act, 2013and having its corporate office at A-2, 12th Floor, Palladium Corporate Road,Prahladnagar, Ahmedabad – 380051, Gujarat, which expression shall, unless it berepugnant to the context or meaning thereof, be deemed to mean and include allits successors, affiliates and permitted assigns.
3.6 "Cancellation Fee" shall mean such fee as charged for all the cancelled Rides as notified to the User through the mode of booking levied in terms of Clause 11 for the cancellation terms.
3.7 "City of Operation" shall mean a city in which the Users avail and render the transportation Services respectively.
3.8 "Driver(s)" shall mean and include such individuals who are independent third-party service providers engaged by or associated with the Company or its subsidiaries/affiliates, to provide the transportation services to the User(s). They are persons who are registered with Hail Cabs after having represented to Hail Cabs that they have necessary licenses to provide transportation services within the City of Operation.
3.9 "E-Wallet" shall mean a pre-paid instrument, which shall refer to the User’s linked PayTM wallet or the HailCabs Wallet wherein the User can add money through the various payment methods offered by the available Payment Gateway or Payment Processor.
3.10 "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of the Company.
3.11 "Location Fee" shall mean and include without limitation any toll duty, inter-state taxes, airport charges or any other charge/fee imposed by the governmental instrumentalities or any third party with regard to operation of the Vehicle (defined below) at specific locations.
3.12 "Registration Data" shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Hail Cabs from the User from time to time for registration on the Application.
3.13 "Ride" shall mean the travel in the Vehicle by the User facilitated through the Electronic Media.
3.14 "Service(s)" shall mean the provision of technology platform services available on/through the Electronic Media that enables the User’s operating the Electronic Media, who are desirousof obtaining, availing, arranging, scheduling transportation services offered by independent third party service providers including inter alia the Drivers who are under an agreement with HailCabs or with certain HailCabs’s affiliates(“Third Party Providers”). For avoidance of any doubt, it is clarified that italso includes the facilitation of transportation service between the User andthe Driver by HailCabs through the Application or via a telephone request atthe call center of HailCabs, or booking on the Website, within the City ofOperation, as elaborated in Clause 8.
3.15 "Total Ride Fee" shall mean and include the aggregate amount reflected in the Electronic Media or notified to the User as an amount payable towards the transportation services and the Services provided through the Electronic Media including inter alia the Location Fee, the Additional Fee (as applicable), any other fee as may be notified by HailCabs in the Electronic Media or through mode of booking for each User inclusive of any/all taxes as may be applicable from time to time.
3.16 "Terms of Use" shall mean these terms and conditions for the User.
3.17 “Third- Party Advertiser(s)” online or offline advertisements of various sponsors advertising and marketing their own goods and services through Hail Cabs.
3.18 "User/ You" means a person who has an Account on the Application and/or Website.
3.19 "Vehicle" shall mean four-wheeler auto mobile as defined under the Motor Vehicles Act, 1988.
3.20 "Website" shall mean the Application and the domain name https://hailcabs.in operated by the Company or any other software that enables the use of the Application or such other URL as may be specifically provided by the Company.
3.21 "Waiting fee" shall mean such fee as charged for the waiting time of a driver, at the rider’s pickup location and/or intermediate stops, in excess of the committed time as notified to the User.
4. REGISTRATION AND ACCOUNT
4.1 The User hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years of age and is competent to contract under the Applicable Law(s) and thereby can register on the Electronic Media after complying with the requirements of this Clause 4 and by entering their Registration Data.
4.2 The User shall ensure that the Registration Data provided by him/her in the Account is accurate, complete, current, valid and true and is updated from time to time. The Company shall bear no liability for false, incomplete, old or incorrect Registration Data provided by the User.
4.3 The User is solely responsible for maintaining the confidentiality of his/her Registration Data and will be liable for all activities and transactions that occur through the User’s Account, whether initiated by the User or any third party. It has been agreed that the User shall not not authorize any third parties to use his/her Account, and may not allow any persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by the User himself/herself. The User’s Account cannot be transferred or assigned to a third party. The Company shall not be liable for any third party claim with respect to any loss that the User may have incurred as a result of someone else using the User’s password or Account, either with or without User’s knowledge or any third party have incurred upon usage of Services provided by HailCabs through the User’s account, whether with or without User’s knowledge.
4.4 The Company reserves the right to suspend or terminate User’s Account with immediate effect and for an indefinite period, if the Company has a reason to believe that the Registration Data or any other data provided by the User is incorrect or false, or that the security of the User’s Account has been compromised in any way, or there is a breach of terms and conditions of these Terms of Use or upon any unauthorised use of User’s Account by any third party or for any other reason the User may find just or equitable.
4.5 It is the User’s responsibility to check and to ensure that the User downloads the correct application for his/her device. The Company shall not be liable if the User does not have a compatible mobile device or if the User downloads the wrong version of the Application for his/her mobile device.
4.6 The Company allows the User to open only one Account in association with the Registration Data provided by the Users. Incase of any unauthorized use of the User’s Account please immediately inform the Company at hello@hailcabs.in.
4.7 In case, User is unable to access his/her Account, the User needs to inform the Company at hello@hailcabs.in and make a written request for blocking the User Account. The Company will not be liable for any unauthorized transactions made through the User’s Account prior to the expiry of 72 (seventy two) hours after the User has made a request in writing for blocking the User Account, and shall not have any liability in case of a Force Majeure Event.
4.8 HailCabs reserves the right to modify, terminate or suspend the Services to the User at any time without prior notice due to any changes in internal policy or due to the Applicable Laws or any breach of these Terms of Use by the User or for any reason whatsoever. The User may terminate his/her Account by submitting a request to HailCabs at hello@hailcabs.in or by calling on +91-7671848200. However, in either case, all previous service requests shall stand voided, and no refund or Service-related deliverable shall be provided. HailCabs will make every effort to respond tothe User’s request for termination at the earliest. However, the User willremain responsible for all the transactions that occurred prior to terminationof User’s Account.
5. USER CONTENT
5.1 Except for the Registration Data or any other data provided, posted, uploaded or submitted by the User on the Electronic Media during the use of any of the service offered through the Electronic Media, the Company does not want the User to, and the User should not, send any confidential or proprietary information to the Company on the Electronic Media or otherwise, unless otherwise is required by Applicable Laws. In accepting these Terms of Use, the User agrees that any information or materials that the User or individuals acting on the User’s behalf provide to the Company through the Electronic Media other than the a fore mentioned will not be considered confidential or proprietary.
5.2 HailCabs will be entitled to process and transfer User’s information as and when it deems fit and it may store or transfer user’s information in a server outside India or the country where the User is located in order to perform HailCabs’s obligations under this Terms of Use, Company Policies and Applicable Laws.
5.3 The User agrees to grant HailCabs anon-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable(through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights which the User has in User’s information, in any media now known or not currently known, with respect to User’s information. THEUSER AGREES AND PERMITS HailCabs TO SHARE USER’S INFORMATION WITH THIRD PARTIESIN ACCRODANCE WITH THE APPLICABLE LAWS AND PRIVACY POLICY.
5.4 Further, HailCabs shall store the information provided by the User including without limitation the recordings of User’s calls between the Company’s executive and the User for their conversation regarding the Services of the Company or any/all Service-related matters. The User shall promptly inform HailCabs on any change in the information provided by the User to HailCabs in respect to the Services availed on the HailCabs platform.
5.5 HailCabs reserves the right, but have no obligation, to monitor the content posted or the program me content materials posted on the Electronic Media. HailCabs shall have the right to remove or editany content that in its sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these Terms of Use. Not with standing this right of HailCabs, User remains solely responsible for thecontent of the materials he/she may post on the Electronic Media and in theprivate messages (as applicable). Please be advised that such content posteddoes not necessarily reflect HailCabs’s views. In no event shall HailCabsassume or have any responsibility or liability for any content posted/shared orfor any claims, damages or losses resulting from use of content and/orappearance of content on the Electronic Media. The User hereby represents andwarrants that he/she has all necessary rights in and to all content the Userprovides and all information it contains and that such content shall notinfringe any proprietary or other rights of third parties or contain any libelous,tortious, or otherwise unlawful information.
6. PRIVACY
6.1 When you become a User, then and during your use of the Electronic Media and/or Services, you will provide us with certain information and other data as aforesaid that may or may not be otherwise publicly available. We will respect the privacy of such data as per our Privacy Policy which is available at https://hailcabs.in/ privacy Policy. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Electronic Media and/or the Services. We will share your data with other parties only as set out in our Privacy Policy.
6.2 In addition to and not in contravention of the terms, measures and procedures regarding storing and securing the data and information on the Electronic Media as stipulated in the Privacy Policy, you acknowledge, accept and agree that the Company utilizes standard security configurations for securing data and information on the Electronic Media which is reasonable and sufficient security practice and procedure as per the industry standard and for the purposes of Information Technology Act, 2000 andthe rules and regulations made thereunder. The User agree that in case of anyleakage, destruction, unauthorized access or the like to information stored onthe Company’s Electronic Media, they waive their right to file a complaint for compensation under all Applicable Laws.
7. USE OF ELECTRONIC MEDIA
7.1 The User agrees, undertakes and confirms that User’s use of Electronic Media shall be strictly governed by the following binding principles:
7.1.1 User shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which User do not have any right to; or interferes with another user's use and enjoyment of the Electronic Media or any other individual's user and enjoyment of similar services; or
(b) that is harmful, harassing, blasphemous,defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouragingmoney 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, of another person; or
(c) misleading in any way; or
(d) is patently offensive to the online community, such as sexually explicit content, or content that promote sobscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
(e) involves the transmission of "junkmail," "chain letters," or unsolicited mass mailing or" spamming"; or
(f) infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];or
(g) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
(h) provides material that exploits people in asexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
(j) contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his/ her guardian in the case of minor; or
(k) tries to gain unauthorized access or exceeds the scope of authorized access to the Electronic Media or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Electronic Media or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(l) engages in commercial activities and/or sales without HailCabs’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of"virtual" items related to the Electronic Media. Throughout theseTerms of Use, our "prior written consent" means a communication coming from HailCabs’s authorized representative, specifically in response toUser’s request, and specifically addressing the activity or conduct for whichUser’s may seek authorization; or
(m) interferes with another user's use and enjoyment of the Electronic Media or any other individual's user and enjoyment of similar services; or
(n) refers to any website or URL that, in HailCabs’s sole discretion, contains material that is inappropriate for the Electronic Media, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or
(o) harm minors in any way; or
(p) is fraudulent or involve the sale of counterfeit or stolen items; or
(q) violates any law for the time being in force; or
(r) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
(s) impersonate another person; or
(t) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms,time bombs, cancelbots, easter eggs or other computer programming routines thatmay damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable informationor attempt to interfere with the proper working of the Electronic Media or anytransaction being conducted on the Electronic Media; or
(u) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or publicorder or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
(v) is false, inaccurate or misleading; or directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation or guideline for the time being in force; or
(w) creates liability for HailCabs or cause HailCabs to lose (in whole or in part) the services of it’s vendors.
7.1.2 The User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Electronic Media or any content, or in any way reproduce or circumvent the navigational structure or presentation of theElectronic Media or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available throughthe Electronic Media. We reserve the right to bar any such activity as and when detected or deemed appropriate.
7.1.3 The User shall not probe, scan or test the vulnerability of the Electronic Media or any network connected to the Electronic Media nor breach the security or authentication measures on the Electronic Media or any network connected to the Electronic Media. The User maynot reverse look-up, trace or seek to trace any information on any other user of or visitor to the Electronic Media, or any other customer of HailCabs, including any of HailCabs’s account not owned by the User, to its source, orexploit the Electronic Media or any Service or information made available oroffered by or through the Electronic Media, in any way where the purpose is toreveal any information, including but not limited to personal identification orinformation, other than User’s own information, as provided for by theElectronic Media.
7.1.4 The User agrees he/she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Electronic Media or HailCabs’s systems or networks, orany systems or networks connected to the Electronic Media.
7.1.5 The User may not use the Electronic Media or any content for any purpose that is un lawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activitythat infringes the rights of HailCabs or others.
7.1.6 The User shall not use the cervices or Electronic Media in any manner that could damage, disable, overburden, block or impair any of the server connected to the Electronic Media. The User may not attempt to gain unauthorized access to the services through hacking, password mining or any other means.
7.1.7 The User may not reverse engineer, decompile and disassemble any software used to provide the Services by HailCabs.
7.1.8 The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about HailCabs or the brand name or domain name used by HailCabs or the Services provided by HailCabs or the Third Party Providers or otherwise engage in any conduct or action that might tarnish the image or reputation, of HailCabs or its merchants on platform or otherwise tarnish or dilute any of HailCabs’s trade or service marks, tradename and/or goodwill associated with such trade or service marks, trade name as may be owned or used by HailCabs.
7.1.9 The User, by creating an Account under the provisions of these Terms of Use, authorizes us to call or SMS or email on his/her registered mobile number/ registered email address for the purposes of communicating information pertaining to the Services, Rides, feedback or offers or providing customer support. The Users shall also have the option to request HailCabs to send him/her information regarding service, discounts and promotions provided by it. If the User requires HailCabs to provide him/herwith information regarding offers, discounts and promotions relating to theservices availed by him/her, click "Yes", otherwise click"No". If User clicks "Yes", we or an authorised representative,shall provide the above information to the User by way of call or an SMS oremail to the User’s registered mobile number/registered email id. The User alsohas the option to discontinue receiving such information at any point of time.To discontinue receiving such information, User may at any point of time visitthe specific link provided on Electronic Media to discontinue the same. Solelyto enable HailCabs to use the information so that it is not violating anyrights Users might have in the Information, User hereby agrees to grantHailCabs a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,sub-licensable (through multiple tiers) right to exercise the copyright,publicity, database rights or any other rights User has the information, in anymedia now known or not currently known, with respect to User’s information. Wewill only use User’s information in accordance with these Terms of Use and thePrivacy Policy.
7.1.10 The User shall not engage in advertisingto, or solicitation of, other users of the Electronic Media to buy or sell anyproducts or services, including, but not limited to, services related beingdisplayed on or related to the Electronic Media. It shall be a violation ofthese Terms of Use to use any information obtained from the Electronic Media inorder to harass, abuse, or harm another person, or in order to contact,advertise to, solicit, or sell to another person outside of the ElectronicMedia.
7.1.11 The User understands that HailCabs always has the right to disclose any information (including the identity of the persons providing information or materials on the Electronic Media) as necessary to satisfy any law, regulation or valid governmental request. Thismay include, without limitation, disclosure of the information in connectionwith investigation of alleged illegal activity or solicitation of illegalactivity or in response to a lawful court order or subpoena. In addition, HailCabs can (and User hereby expressly authorize HailCabs to) disclose anyinformation about User to law enforcement or other government officials, as it,in HailCabs’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially thosethat may involve personal injury.
7.1.12 It is possible those other users(including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Electronic Media and that User may be involuntarilyexposed to such offensive and obscene materials. It also is possible for othersto obtain personal information about Users on the public forum due to User’suse of the Electronic Media, and that the recipient may use such information toharass or injure the User. HailCabs does not approve of such unauthorized usesbut by using the Electronic Media. The User acknowledges and agree thatHailCabs shall not responsible for the use of any personal information that theUser publicly discloses or shares with others on the Electronic Media. The Usershould carefully select the type of information that he/she publicly disclosesor shares with others on the Electronic Media, or from the Electronic Media onother social platforms (e.g., but not limited to Facebook).
7.1.13 HailCabs shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way through User or through group/s of people, intentionally or unintentionally causing hindrance in provision of Services.
7.1.14 HailCabs’s performance of these Terms of Use is subject to existing laws and legal processes of Government of India, andnothing contained in the Terms of Use is in derogation of HailCabs's right tocomply with law enforcement requests or requirements relating to User’s use of this Service or information provided to or gathered by HailCabs with respect tosuch use. The User agrees that HailCabs may provide details of User’s use ofthe service to regulators or police or to any other third party, or in order toresolve disputes or complaints which relate to the service, at HailCabs’scomplete discretion.
8. SERVICES
8.1 The Electronic Media is a technological platform that enables and permits the Users to arrange, obtain and avail thetransportation services offered by the Third-Party Providers through theElectronic Media. It has been agreed between the parties that upon booking ofServices through the Electronic Media, the arrangement constitutes a separateand bilateral association between the User and the Third-Party Providers. It ishereby clarified that for the purpose of facilitation of interaction,communication and transaction between the Third Party Provider and the User isan independent and separate transaction between such Third Party Provider andUser and Electronic Media is only acting as an intermediary service providerand/or facilitator for the purpose of facilitation of interaction,communication and transaction between the Third Party Provider and the User;and hence, HailCabs shall not be liable and responsible for any and allliabilities, losses, claims and damages that may arise out of or in connectionwith the interaction, communication and transaction between the Third PartyProvider and the User and the User agrees to hold harmless and indemnifyHailCabs in this regard.
8.2 You hereby acknowledge and agree that ThirdParty Providers are not the employees, agents, representatives, contractors, advisers, staff members of the Company and the Company has no responsibility for any act, omission, advice, service, representation, etc. of any such ThirdParty Provider. As further described in this Terms of Use, the Company makes norepresentation. warranty or guarantee whatsoever as to (a) the availability ofthe Third Party Providers; (b) the accuracy of the representations made or theinformation posted on the Electronic Media by the Third Party Provider; (c) theaccuracy of the information exchanged between the Third Party Provider and theaccuracy of the information posted on the Electronic Media by the Third PartyProvider and the User; (d) the quality, nature, usefulness, relevance, accuracyof the services provided by the Third Party Providers.
8.3 The Service allows You to send a request through HailCabs Electronic Media to a Driver/Third Party Provider on the HailCabs network. The Driver has the discretion to accept or reject eachrequest for the Service. If the Driver accepts a request, HailCabs notifies theUser and provides information regarding the Driver - including Driver’s name,Vehicle license number, telephone contact details of the Driver and such otherdetails as the Company may determine.
8.4 The Company shall procure reasonable efforts to bring the User into contact with a Driver, subject to the availability of a Driver in or around User’s location at the moment of User’s request for such Services.
8.5 By using the Application or the Service, the User further agrees that:
8.5.1 The User will only use the Service or download the Application for his/her sole, personal use and will not forcommercial purposes resell or assign it to a third-party;
8.5.2 The User will not use an account that is subject to any rights of a person other than the User without appropriate authorization;
8.5.3 The User will not use the Service or the Electronic Media for unlawful purposes or carry any materials equipment or material that is prohibited under the Applicable Law or the use of which can beused for any illegal purposes/activities;
8.5.4 The User will not try to harm the Driver, Electronic Media or HailCabs’s network in any way whatsoever or cause any damage to the Vehicle;
8.5.5 The User will provide HailCabs with such information and documents which HailCabs may reasonably request;
8.5.6 The User will only use an authorized network to which it has access to for the purpose of availing service;
8.5.7 The User is aware that when requesting Services, whether by message, via Electronic Media or calling the call centre of HailCabs, standard messaging charges, data charges, voice charges, as applicable, for the User and/or User’s phone network service providers, will apply;
8.5.8 The User will comply with all Applicable Law from the User’s country of domicile and residence and the country, state and/or city in which the User is present while using the Electronic Media or Service;
8.5.9 The User is aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
8.5.10 The User will not, in his/her use of the Services, cause nuisance, annoyance, inconvenience, or property damage, to the Vehicle, Third-Party Provider or any other party. In certain instances, theUser may be asked to provide proof of identity to access or use the Services,and the User agrees that the User may be denied access to or use of the Services if you refuse to provide proof of identity.
8.6 HailCabs reserves the right to immediately terminate the Service and the use of the Electronic Media in the event of non-compliance with any of the above requirements by the User.
8.7 The User is strictly prohibited from doingthe following acts including without limitation:
Smoking and/or drinking in the Vehicle, misbehaving with Driver, harass, slap, hurt, torture, extort, or assaulting theDriver in any manner, tear off any advertisement(s) material or promotional material placed in the Vehicle, disturb or distract the Driver while driving, make unnecessary noises, leave without paying, jump out of the Vehicle, abuse the Driver in any manner, doing acts which may harm the interiors of the Vehicle, causing fire in the Vehicle or doing any act in violation of the ApplicableLaws.
8.8 In the event the User is found to be involved in the activities as set out above, the User shall be liable to pay a fine to HailCabs and HailCabs shall also have the right to terminate the Ride and/or User’s Account, immediately.
8.9 In the event User fails to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law for recovery of the fine or any amount dueand payable by User on account of loss, damages, costs and expenses that are incurred by the Company and/or Third Party Providers arising out of/or inrelation to the illegal or unauthorised use of services or any act and omission on the part of the User in complying the terms herein. The User shall also beblacklisted as a result of non-payment of the fine or misbehaving or causing the a forementioned acts, as the case may be, and in such event, User’s Accountmay be terminated by HailCabs.
9. CONFIRMATION OF BOOKING
9.1 The Company, upon receipt of a booking forthe Service, uses various algorithms to appoint a Driver closest to therequested location of the User. Upon assigning the Driver towards the requestof the User or the Service booking request, the Driver has the discretion toaccept or decline the booking made by the User through the Electronic Media orthrough phone call.
9.2 HailCabs shall, upon receiving the bookingrequest from the User and confirmation from the Driver in the manner set outabove, proceed to communicate the confirmation or non-acceptance of the bookingbased on the availability of the Vehicle at the pickup time, which shall beinformed to the User vide an SMS or email or notification on the Application.In the event the booking is confirmed, the User shall check the booking detailsincluding but not limited to pick up time and pick up place, and if there isany incorrect detail, the same needs to be informed to HailCabs immediately bycalling on call centre on this number – +91-7671848200.
9.3 The User shall bear the consequences anddamages for any delay that may be caused to the User due to the User’s failureto provide the correct pick up details and time or to check the confirmationSMS or email or failure to inform HailCabs of the incorrect detailsimmediately.
10. PAYMENT
10.1 The User will be charged the Total Ride Feeby HailCabs in respect of each Ride towards the transportation services and theServices availed by the User through the Electronic Media The User expresslyacknowledges that the Total Ride Fee indicated on the platform at the time ofbooking is indicative only and may vary at the time of payment and ending ofthe Ride based on the actual trip undertaken (i.e exact kilometres travelled,time taken to arrive at the location, change of location during the trip etc.)or such fee may change due to any exigencies in certain specific geographicalareas (like curfews, road closures etc.), or due to the User opting foradditional services; and the User will be liable to pay the actual Total RideFee as calculated and appearing on the Electronic Media at the end of eachtrip/Ride or as may be notified to the User through HailCabs’s call centres ifthe booking is made through a call. HailCabs will use reasonable efforts toinform you of the charges that may apply, provided that you will be responsiblefor any such charges incurred under your Account regardless of your awarenessof such charges or the amounts thereof.
10.2 In addition to the above, User will becharged with a Location Fee charged for fees attributable to any toll duty,inter-state taxes, airport charges or any other charge/fee imposed by thegovernmental instrumentalities or any third party with regard to operation ofthe Vehicle at specific locations. The User acknowledges that the AdditionalFee may be revised at the sole and absolute discretion of HailCabs and suchrevised fee will be notified on the Electronic Media from time to time on themode of booking by the User from time to time.
10.3 Further, the User shall be required to payCancellation Fee in case of a cancellation of the Ride in accordance with theterms of Clause 11 (Cancellation Policy).
10.4 Upon the User opting for payment by cashoption at the time of the booking, the Total Ride Fee will be collected by theDriver from the User at the end of the Ride.
10.5 HailCabs shall provide a receipt andacknowledgement in respect of the Ride for the Total Ride Fee payable by theUser at the end of the Ride and the User may raise a request for a copy of theinvoices from the support page on the Electronic Media.
10.6 HailCabs or Third-Party Providers reservethe right to charge you any reasonable costs required to clean or repair theVehicle attributable to you during a Ride and HailCabs will collect payment forsuch costs as the agent of the Third Party Providers. You shall be responsiblefor such cost of repair for damage to, or necessary cleaning of, the Vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by HailCabs in HailCabs’s reasonable discretion, HailCabs reserves the right to facilitatepayment for the reasonable cost of such Repair or Cleaning to be paid by the User using the payment method designated in the User’s Account.
10.7 This payment structure is intended to fullycompensate the Third-Party Provider for the Services or goods provided.HailCabs does not designate any portion of your payment as a tip or gratuity tothe Third-Party Provider. Any representation by HailCabs (on the Website, in the Application, or in HailCabs’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments youmake for services or goods provided is not intended to suggest that HailCabs provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides youwith services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received Services or goods obtained through the Service, you will have the opportunity to rateyour experience and leave additional feedback about your Third-Party Provider.
10.8 The User shall choose to pay for the Total Ride Fee (whether in whole or in part) by either of the following four methods:
10.8.1 Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver. Inaddition, the Location Fee and/or the Additional Fee may also be paid by theUser in cash, in which event the same will not be calculated while charging theTotal Ride Fee.
10.8.2 E-Wallet payment: HailCabs offers Usersthe facility of making an online payment through an E-Wallet as per clause 3.9,powered by a third-party payment processor ("Payment Processor"). Theprocessing of payments, in connection with Users use of the E-Wallet will besubject to the terms, conditions, and privacy policies of the Payment Processorthat HailCabs engages for this purpose. HailCabs will not be responsible forany errors by the Payment Processor in any manner. The money added to HailCabs Walletis strictly non-refundable and holds no expiry date.
10.8.3 Credit Card/ Debit Card/ Net BankingPayment: The User shall have the facility of making a payment online for theTotal Ride Fee as maybe charged by HailCabs for the Ride undertaken by the User.The Total Ride Fee in this regard may be paid by using the services of anentity providing a payment gateway/processor services ("PaymentGateway"), authorized by HailCabs. Such Payment Gateway may either beHailCabs or any of its affiliates or partners or unrelated third parties. TheUser hereby agrees and undertakes to share relevant payment details includingtheir credit/debit card details (“Card Details”) with the Payment Gateway forthe successful completion of payment towards the Total Ride Fee to HailCabsApplication and authorize the Payment Gateway to complete such transaction(s).In this respect, it is clarified that all Payment Gateways whose services areutilized for the purposes of the Website and/or Application and/or servicesshall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant.The User’s authorization permits the Payment Gateway to debit or credit thebank account associated with the User’s payment details. User’s authorizationfurther permits the Payment Gateway to use User’s Card Details for theprocessing of transactions initiated by the User at any of HailCabs’saffiliates. The User shall have the option to save the Card details or bankdetails for ease of payment in the next trip or Ride through HailCabs as User’sauthorization, as long as the User maintains an Account with HailCabs on theirApplication. In the event the User deletes his/her Card Details with thePayment Gateway or if the User deletes the Account, the Payment Gateway willnot process any further transactions initiated by the User at the Website orApplication and at the sites of any of HailCabs’s affiliates. User’sauthorization under this clause is subject to any other terms and conditions ofthe Payment Gateway.
10.9 Any payment related issue, except when suchissue is due to an error or fault in the Application and/or Website, shall beresolved between the User and the Payment Processor/Payment Gateway. HailCabsshall not be responsible for any unauthorized use of the User’s E-Wallet/Credit Card/ Debit Card/ Net Banking Payment during or after availing theServices on the Application and/or Website.
10.10 If the Company has a reason to believe thatany payment instructions made on the User’s Account have been fraudulentlymade, the Company will suspend and deny the User any access to his/her Accountin order to investigate and report the suspicious activity. Such suspensionwill continue in effect till the conclusion of the investigation.
11. CANCELLATION AND WAITING FEE POLICY
11.1 The User hereby agrees and acknowledges thatthe User may cancel the request for a Vehicle from a Driver at any point oftime subject to a Cancellation Fee charged by HailCabs, in accordance withHailCabs’s Cancellation & Waiting Policy, in the manner as described below:
11.1.1 For the purpose of Vehicles requestedand/or scheduled by the Users through the Application or on the call directlythrough the operator’s at HailCabs, the Cancellation Fee will be charged in thefollowing manner:
(a) If the User cancels after the Vehicle isallotted; or
(b) If the Driver assigned to the User, waits formore than a pre-decided time at the User’s location after the scheduled slot.
Notwithstanding the foregoing, if the Driver hasdelayed reaching the User’s location by more than even 1 (One) minute to pickthe User, the User will not be charged any Cancellation Fee for such Ride.
11.2 The User shall be notified regarding theapplicable Cancellation Fee in advance whenever the User attempts to cancel abooking/service request with HailCabs. The notification regarding the sameshall be on the Application and/or the Website.
11.3 HailCabs shall provide a receipt of theCancellation Fee, if any, payable by the User for every cancellation in termsof the clauses above for such cancellations. The User may raise a request for acopy of the invoices regarding such cancellation from the support page on theElectronic Media.
11.4 The Cancellation Fee shall be due andpayable by the User at the time of cancellation which may be recovered from theUser immediately at the time of Cancellation or at the completion of the User’ssubsequent Ride.
11.5 A nominal Waiting Fee shall get added to thefare of the ride in case the driver waits at the rider’s pickup location and/orintermediate stops for more than a pre-decided time, in accordance withHailCabs’s Cancellation and Waiting Policy.
11.6 HailCabs shall not cancel any ride unlessexplicitly requested by the rider via HailCabs app, email or phone. This isvalid for all situations unless arising out of adverse weather, traffic, lawand order or any other condition as deemed appropriate by HailCabs.
12. REFUNDS
12.1 In the even the User is of the view thathe/she has been over charged in respect of any particular Ride by the Driver,then he/she may raise a refund request on the Electronic Media. Where theCompany determines that a refund request is valid, it shall make reasonableefforts to grant the refund request and return the requisite funds to therespective source of payment. In the event that the User desires a refund onany amount that has been debited from the User’s account either through thirdparty wallet or HailCabs Wallet or through the saved credit card/debit card/net banking and the same was not authorised by the User, the User shall berequired to email hello@hailcabs.in or contact HailCabs on +91-7671848200 andmake a refund request clearly explaining the circumstances of the User’s refundrequest.
12.2 In case User has erroneously paid an amountin excess of the applicable Total Ride Fee through the payment methods madeavailable on the platform, which was not required to be transferred, after assessingthe validity of the written request from the User, HailCabs shall process tocredit the funds to the same source from where these were received.
12.3 The Company will make reasonable efforts torespond to the User’s refund request at the earliest. Please note that HailCabswill not be responsible for delays, which may be caused by any third partiessuch as banks, Payment Processors, Payment Gateways and third party -merchants,on whom HailCabs relies while processing refund request or any delay caused incase of any force majeure events which are beyond HailCabs’s reasonablecontrol. Therefore, HailCabs shall bear no liability for the processing of therefund requests.
13. DISCLAIMERS, WAIVER AND RELEASE
13.1 Except for HailCabs’s limited role inprocessing payments that User’s authorize or initiate, HailCabs is not involvedin any underlying transaction between the User, Third Party Provider, any othercustomer, merchant, bank, Payment processor, Payment Gateway or other thirdparty.
13.2 HailCabs shall not be liable for thequality, safety, reliability, legality, delivery or any other aspect of anygoods or service that User may purchase through any Third-Party Advertisers.The User’s use of the service is at his/her sole risk.
13.3 The service is provided on an "asis" and "as available" basis. HailCabs disclaims all warrantiesof any kind whether express or implied including without limitation, anyrepresentation or warranty for accuracy, availability, continuity,uninterrupted access, timeliness, sequence, quality, performance, security,merchantability, fitness for any particular purpose, non-infringement orcompleteness. Without prejudice to the forgoing paragraph, HailCabs does notwarrant that:
13.3.1 This Website and Application will beconstantly available, or available at all; or
13.3.2 This Website: information, content,materials, product (including software) or Services included on or otherwisemade available to the User through the Website; their servers; or electroniccommunication sent from HailCabs are free of viruses or other harmfulcomponents; and
13.3.3 Nothing on the Website will constitutes,or is meant to constitute, advice of any kind.
13.4 HailCabs makes no express or impliedrepresentations or warranties about it’s Services or the Website andApplication and disclaim any implied warranties, including, but not limited to,warranties or implied warranties of merchantability or fitness for a particularpurpose or use or non-infringement. HailCabs do not authorize anyone to make awarranty on HailCabs’s behalf and User may not rely on any statement ofwarranty as a warranty by HailCabs.
13.5 HailCabs and its representatives, officers,employees, agents and contractors shall not be liable for any loss, damage,claim, expense, cost (including legal costs) or liability arising directly orindirectly from the User’s use or non-use of the Service or the ElectronicMedia, or User’s reliance upon the Service or the information contained uponthe Electronic Media (whether arising from HailCabs or any other person'snegligence or otherwise).
13.6 The User furthermore acknowledges andaccepts that HailCabs may not encrypt any content or communications from and toour Electronic Media.
13.7 THE EXCHANGE OF INFORMATION,PROVISION/AVAILING OF SERVICES, TRANSACTION BY AND BETWEEN THE THIRD PARTYPROVIDER AND USER IS DONE AT YOUR SOLE RISK, AND HENCE YOU AGREE THAT THECOMPANY SHALL BE IN NO EVENT LIABLE FOR ANY INJURY, LOSSES, CLAIM, DAMAGE ORANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANYKIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR ISANY WAY CONNECTED WITH THE AFORESAID.
13.8 THE USER SHALL NOT HAVE ANY PLEA, CLAIM ORDEMAND AGAINST THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS,DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS ETC. IN RESPECTOF ANY EXCHANGE OF INFORMATION, PROVISION/AVAILING OF SERVICES, TRANSACTION BYAND BETWEEN THE THIRD-PARTY PROVIDER AND USER. THE COMPANY WILL NOT BE DEEMEDTHE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH BY A USER THROUGHTHE ELECTRONIC MEDIA OR PURSUANT TO REGISTRATION OF A PERSON AS A USER WITH THECOMPANY AND THE ELECTRONIC MEDIA.
13.9 IN THE EVENT OF A DISPUTE BETWEEN THE THIRDPARTY PROVIDER AND THE USER REGARDING ANY TRANSACTION CONDUCTED VIA THEELECTRONIC MEDIA, BOTH THE USERS HEREBY RELIEVES THE COMPANY, ITS AFFILIATES,THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORSAND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALLLOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OREXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICHA USER MAY HAVE AGAINST THE OTHER.
13.10 THE USERS EXPRESSLY UNDERSTANDS AND AGREESTHAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT ORACTION BROUGHT BY THE USER OR ANY THIRD PARTY IN RELATION TO ANY USEOF/AVAILING OF THE SERVICES OFFERED/PROVIDED BY THE THIRD PARTY PROVIDER; ANDTHE THIRD PARTY PROVIDER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANYHARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
13.11 THE USERS EXPRESSLY UNDERSTANDS AND AGREESTHAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT ORACTION BROUGHT BY A THIRD PARTY PROVIDER IN CONNECTION WITH PAYMENT FORSERVICES BY THE USER AND THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD THECOMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
13.12 THE AFORESAID, DISCLAIMERS, WAIVERS,RELEASES, LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSEOF ACTION OR THE LIABILITY ARISES IN LAWS, CONTRACT, TORT OR OTHERWISE.
14. ADVERTISMENT AND LINKS
14.1 HailCabs may facilitate and allow thirdparty advertisers (“Third- Party Advertisers”) to place advertisements on theElectronic Media or through physical presence by placing tags, stickers,pamphlets, articles, promotional offers etc. as may be placed in theVehicle(s). HailCabs has guidelines and policies to be followed by suchThird-Party Advertisers for placing such advertisements (the “AdvertisingPolicy”).
14.2 HailCabs distinguishes between the contentposted by it and the content that is created or provided by one of theThird-Party Advertisers. The advertisements will be labelled as from HailCabs’sadvertisers, or advertisement. The content posted is not reviewed by HailCabs,but it shall be subject to the Advertising Policy.
14.3 Please note that We do not verify anycontent or information provided by the Third Party Advertisers on theElectronic Media and to the fullest extent permitted by Applicable Law(s),disclaim all liability arising out of Third Party Advertisers’ use or relianceupon the Electronic Media or the Vehicle, availing the Services, content postedby Third Party Advertisers, representations and warranties made by the ThirdParty Advertisers on the Electronic Media or towards the Vehicle or any lossarising out of the manner in which the Services have been availed by the Users.
14.4 The Electronic Media may be linked to thewebsite of third parties, affiliates and business partners. By clicking on theadvertisements by Third Party Advertisers, the User may be redirected to awebsite or other electronic platform of any Third-Party Advertisers or receiveother messages, information or offers from such Third-Party Advertisers. Wehave no control over, and not liable or responsible for content, accuracy,validity, reliability, quality of such websites or made available by/throughthe Electronic Media. Inclusion of any link on the Electronic Media does notimply that we endorse the linked website. The User is wholly liable for allcommunications and transactions with such Third-Party Advertisers. The Useracknowledges and agrees that the Company is not liable or responsible for thecontent, products or services of such advertisers or the websites, links,information, messages, offers or privacy practices of such Third-PartyAdvertisers.
14.5 The User understands that advertising playsan important role in the provision of this Service, and that we will displayadvertisements and other information adjacent to or as part of the Services,which the User may use. HailCabs may periodically send promotional emails, SMSsor push notifications to the User about Services offered by it’s advertisersand ourselves.
14.6 Wherever HailCabs publishes or providescontent or advertisements as part of a Service we do not: warrant or representthat the content or advertisements are suitable, accurate, correct, complete,reliable, appropriate, or lawful; or endorse the content or advertisements; andthe User will obtain independent professional advice at User’s own cost beforetaking any action based upon such content or advertisements.
14.7 User’s correspondence or dealings with, orparticipation in promotions of Third Party Advertisers found on or through theElectronic Media and/or Vehicle, including payment and delivery of relatedgoods or services, and any other terms, conditions, warranties orrepresentations associated with such dealings, are solely between the User andsuch Third Party Advertiser. User agrees that HailCabs shall not be liable forany loss or damage of any nature incurred as the result of any suchinteractions, or as the result of the presence of such Third-Party Advertiserson HailCabs’s Electronic Media and/or Vehicle.
14.8 In many cases, HailCabs provides services ofthird parties, or it’s Services in conjunction with that of third parties. Inthose cases, the following conditions apply: HailCabs provides such servicessubject to the terms, conditions and limitations imposed by those thirdparties. If those third parties change, suspend or stop providing suchservices, HailCabs may similarly change, suspend or stop providing the Servicesto the User without notice. HailCabs may nevertheless endeavor to provide sucha service in another way or by using another third party. User’s authorizeHailCabs to provide any of User’s Personal Information (as defined in HailCabs’sPrivacy Policy) to those third parties to the extent that it may be necessaryto enable the third parties and ourselves to provide the services to the User.To the extent that there is a conflict between the third party's Terms andConditions and these Terms of Use, these Terms of Use will prevail.
14.9 When the User acquires goods, softwares orany other services from a third party through any of HailCabs’s ElectronicMedia, User understands and agrees that: HailCabs is not a party to thecontract between User and the third party; HailCabs is under no obligation tomonitor the third party service used by the User; the third party will beresponsible for all obligations under the contract including (withoutlimitation) warranties or guarantees; User will evaluate the product, softwareor service and the applicable terms and conditions before acquiring theproduct, software or service; and User will indemnify HailCabs against anydamages, howsoever arising from your acquisition and use of the goods, softwareor service.
14.10 HailCabs also reserves the right to rejector refuse any third-party service used by the User in conjunction withHailCabs’s Electronic Media.
15. CUSTOMER RELATIONSHIP MANAGEMENT
15.1 All issues, opinions, suggestions, questionsand feedback while availing HailCabs’s Services shall be communicated to usthrough the following email address hello@hailcabs.in. In case of a Ride bookedon the Application, User shall be required to rate the Driver after completionof the Ride. User hereby agrees to be fair, accurate and non-disparaging whileleaving comments, feedbacks, testimonials or reviews on or about the Rides orServices.
15.2 Reporting of any issue needs to be within 7(seven) days of the happening of the issue, failing which, such issue will notbe addressed. The User agrees and acknowledges that any and allissues/complaints/grievance a User has, must be communicated to HailCabs onlythrough the Electronic Media or to consumer helpdesk or grievance offices asstipulated in these Terms of Use of the Electronic Media and not on any otherthird party platform/ social media channels.
15.3 The User shall be responsible and liable inrespect of the wrongful allegation made and any issues posted on such otherthird-party platforms/social media. HailCabs takes no liability for inabilityto get back or respond to any complaints made or content posted by the Userabout the Driver or HailCabs on other channels.
15.4 HailCabs shall endeavor to respond to User’sissues within 2 (two) working days of User’s reporting the same and endeavor toresolve it at the earliest possible. It is hereby clarified that issues areresolved on severity basis, and certain may be resolved earlier than the other.However, HailCabs shall not be liable for any damages or losses in the eventthe User is not satisfied with any such resolution.
16. INDEMNIFICATION
In addition and not in derogation of the specificindemnities provided by you to the Company under these Terms of Use and/orCompany Policies, you agree to indemnify, defend and hold harmless the Companyand its affiliates, officers, directors, employees, consultants,representatives, shareholders, contractors, users and agents etc. (“IndemnifiedParties”) against any/all losses, liabilities, claims, damages, demands, costsand expenses (including legal fees and disbursements in connection therewithand interest chargeable thereon) arising out of or in connection with anyclaim, suit, action, or other proceeding brought against Indemnified Parties,to the extent such Losses are based on or arising out of or in connection with:
(a) any breach or non-performance or non-compliance of any of the Terms of Useand/ or other terms and conditions of Platform with respect to use and accessof the Platform and/or availing Services on/through the Platform and/ orpurchase of the product or services of Third Party Advertisers;
(b) fortruthfulness and correctness of the information provided by the User at thetime of registration and/ or availing the Services;
(c) any claim which theDriver/Third Party Providers may have with respect to interaction,communication, dealing, dispute, and transaction between the Driver/Third Partyproviders and the User;
(d) any content posted by the User on the Platform andUser's use of the Services available on or through the Platform;
(e) any claimof third party due to, or arising out of, or in connection with, your use ofthe Platform and/ or availing of Services by the User;
(f) breach of any thirdparty rights (including, but not limited to, claims in respect of defamation,invasion of privacy, or infringement of any other intellectual property right)by you.
17. LIABILITY
17.1 The information, recommendations and/orServices provided to the User on or through the Electronic Media, theApplication and HailCabs’s call center are for general information purposesonly and does not constitute advice. HailCabs will reasonably keep theElectronic Media and its contents correct and up to date but does not guaranteethat (the contents of) the Electronic Media is free of errors, defects, malwareand viruses or that the same is correct, up to date and accurate.
17.2 HailCabs shall not be liable for Usermissing trains/flights/events or delays etc as the Service is dependent on manyfactors not in HailCabs’s control. User must book the Ride after taking intoaccount the check-in time, traffic and weather conditions, political rallies,natural calamities, traffic barricades, car breakdowns and other un-expecteddelays.
17.3 In the event, there is a delay by the Vehiclein reaching the pickup location beyond 10 (Ten) minutes of the pickup time,HailCabs shall only endeavour to get the User in touch with the Driver assignedfor the Ride.
17.4 HailCabs shall not be liable for any damagesresulting from the use of or inability to use the Electronic Media, includingdamages caused by wrong usage of the Electronic Media, error in call centrenumber, network issues, malware, viruses or any incorrectness or incompletenessof the information or the or Application.
17.5 The User shall take full responsibility ofhis/her items and luggage. In case of lost items inside the Vehicle during thejourney, HailCabs will try to locate the items on a "best-effort"basis but is not responsible for the same in case of loss or damage to thesame. If the User leaves any goods in the Vehicle or have any complaint inrespect of the Services or the use of the Vehicle, User shall have to informHailCabs of the same in writing within 24 (twenty four) hours of using theVehicle or the Services of HailCabs. In the event it is found, User shall beinformed about the HailCabs office from where the User can collect it after 3(three) working days from the date User was informed. HailCabs however shallnot be responsible for delivering the same back to the User. If requested,HailCabs may deliver the misplaced item/s back to the User after 3 (three)working days from the date User was informed, subject to the place of deliverybeing within twenty (20) kms from the HailCabs office. HailCabs shall chargethe User a flat fee of Rs 500 for such delivery.
17.6 HailCabs does not assure a completesustainability of its Service and shall not be held responsible or liable forthe same, in any manner.
17.7 HailCabs shall not be responsible for anyloss of communication / information of status update and benefits under theprogram. All this information will be sent on mobile number and/or email IDregistered with HailCabs. HailCabs will not be responsible for appropriatenessof mobile or email or any other communication medium. The User shall beresponsible for immediately reporting the errors, if any, occurred in theinformation sent to the User regarding booking confirmation.
17.8 IN NO EVENT SHALL HailCabs BE LIABLE FOR ANYDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FORANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICTLIABILITY OR OTHERWISE, EVEN IF HailCabs HAS BEEN ADVISED OF THE POSSIBILITYTHEREOF.
17.9 IN ADDITION, AND WITHOUT LIMITING THEFOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILLHailCabs’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMSOF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDINGNEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEEDTHE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
17.10 If Applicable Law does not permit theexclusion of certain warranties or the limitation or exclusion of liability,the scope and duration of such warranty exclusions and the extent of theliability of HailCabs shall be the minimum permitted under Applicable Law.
18. INTELLECTUAL PROPERTY OWNERSHIP
18.1 HailCabs alone (and its licensors, whereapplicable) shall own all right, title and interest, including all relatedintellectual property rights, in and to the Electronic Media and the Serviceand any suggestions, ideas, enhancement requests, feedback, recommendations;text, graphics, user interfaces, visual interfaces, photographs, trademarks,logos, sounds, music, artwork and computer code; or other information providedby the User or any other party relating to the Electronic Media or the Service.
18.2 Third party trademarks may appear on thisElectronic Media and all rights therein are reserved to the registered ownersof those trademarks. For use of any third party's intellectual property, Userneeds to get permission directly from the owner of the intellectual propertyfor any use.
18.3 These Terms of Use do not constitute a saleand do not convey to the User any rights of ownership in or related to theElectronic Media or the Service, or any intellectual property rights owned byHailCabs. The User shall be solely responsible for any violations of any lawsand for any infringements of any intellectual property rights caused by use ofthe Services or the Electronic Media.
18.4 The User may use information on theElectronic Media purposely made available by HailCabs for downloading from theElectronic Media, provided that the User:
18.4.1 does not remove any proprietary noticelanguage in all copies of such documents and make no modifications to theinformation;
18.4.2 use such information only for User’spersonal, non-commercial informational purpose and do not copy or post suchinformation on any networked computer or broadcast it in any media; or
18.4.3 does not make any additionalrepresentations or warranties relating to such information.
19. SUSPENSION AND TERMINATION
19.1 You agree that the Company, in its solediscretion and for any or no reason, may terminate the account (or any partthereof) you may have with the Company or use of the Electronic Media andremove and discard all or any part of your account or any content uploaded byyou, at any time. The Company may also in its sole discretion and at any timediscontinue providing access to the Electronic Media, or any part thereof, withor without notice. You agree that any termination of your access to theElectronica Media or any account you may have or portion thereof, may beeffected without prior notice, and you agree that the Company will not beliable to you or any third party for any such termination.
19.2 In addition to the reasons and the groundsof termination expressly provided for in these Terms of Use above, the Company,in its sole discretion, reserves the right to terminate any account (or anypart thereof) or deny access to any account or use of the Service or remove anddiscard any content within the Service, for any reason, including, withoutlimitation:
19.2.1 registration of any account using false ormisleading information; or
19.2.2 violation or inconsistent acts with theletter or spirit of the Terms of Use; or
19.2.3 violation of any Applicable Laws.
19.3 You acknowledge and agree that the Companymay immediately deactivate or delete your account and all related informationand files in your account and/or bar any further access to such files or theService. Further, you agree that the Company shall not be liable to you or anythird-party for any termination of your account or denial of access to theService. In the event of termination of your account by the Company due to anyof the aforementioned reasons, the Company shall have the sole discretion toterminate or cancel any of your past acts without any liability to the Company.
19.4 The Company does not permit copyrightinfringing activities on the Electronic Media and reserves the right toterminate access to the Electronic Media and remove all content submitted byany persons who are found to be infringers. Any suspected fraudulent, abusive,or illegal activity that may be grounds for termination of your use of theElectronic Media may be referred to appropriate law enforcement authorities.These remedies are in addition to any other remedies the Company may have underlaw, contract and/or equity.
19.5 You may, by giving a written notice to us atthe following link hello@hailcabs.in, terminate or deactivate your account atany time and/or remove any data or files uploaded by you on the account orrequest us to do the same. Provided that such deactivation or terminationeither by you or by us will not prejudice any of your past lawful acts on theElectronic Media.
19.6 Unless terminated in accordance with thisClause, the agreement between HailCabs and the User is perpetual in nature upondownloading the Application and for each Ride booked through the Website orApplication or through call center.
19.7 The User is entitled to terminate theagreement at all times by deletion of the User Account, thus disabling the useby the User of the Electronic Media. The User can close the User Account at anytime by following the instructions on the Electronic Media.
19.8 Termination of this agreement will notprejudice accrued rights of either HailCabs or User.
20. APPLICABLE LAW AND DISPUTE RESOLUTION
20.1 These Terms of Use are subject to the lawsof India.
20.2 All disputes arising out of or in connectionwith the Terms of Use shall be attempted to be settled through negotiationbetween senior management of the Company and the User. If any dispute arisingbetween the parties is not amicably settled within reasonable period of sixty(60) days of the initiation of the aforesaid dispute resolution mechanisms,then, the same shall be resolved by arbitration in accordance with theprovisions of the Rules of Arbitration of the Indian Council of Arbitration forthe time being in force, which rules shall be deemed to be incorporated byreference in this Clause 20. The dispute shall be referred to one (1)arbitrator to be appointed/ nominated by the Company. The place of arbitrationshall be New Delhi. The language of the arbitration will be English. Thedecision of the arbitrator will be final, binding and incontestable and may beused as a basis for judgment thereon in India or elsewhere. The Company and theUser will bear its own costs of the arbitration.
21. GENERAL
21.1 We are not liable for any infringement ofcopyright, trademark, patterns and/or any intellectual or proprietary rights ofany third party, arising out of contents and/or materials posted on ortransmitted through the Electronic Media or items advertised thereon.
21.2 We shall have no liability to you for anyfailure and/or delay in performance of Services or any interruption or delay,to access the Electronic Media, if that failure and/or delay is due to reasonsor circumstances beyond our reasonable control (and the time for performance ofthe same shall be and is extended accordingly). However, if we decide to grantyou an indulgence on the performance of any obligation under these Terms ofUse, such indulgence shall not constitute waiver of any of our rights.
21.3 These Terms of Use and the Company Policiesincorporated herein by reference constitute the entire agreement between theparties with respect to the subject matter hereof and supersedes and replacesall prior or contemporaneous understandings or agreements, written or oral,regarding such subject matter.
21.4 The rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
21.5 If any provision of the Terms of Use becomes or is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable then such invalidity, illegality or unenforceability shall notaffect the validity of the other provisions of the Terms of Use, which shall remain in full force and effect.
21.6 No representation of our employees, officers or agents or those contained and advertised on the Website or the Electronic Media shall represent an addition or amendment to these Terms of Use unless the same has been set out in writing and signed by one of our directors.
21.7 You agree not to assign, transfer or novate your rights or obligations under these Terms of Use, without our prior written consent, if applicable.
21.8 The laws of India will govern these Terms of Use. By accepting to these Terms of Use you agree to irrevocably submit to the exclusive jurisdiction of the courts at New Delhi in respect of any disputes, acts, matters or controversies arising as a result of breach of these Terms of Use those relating to the validity, enforcement and/or interpretation of the terms of these Terms of Use.
21.9 Failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
21.10 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms of Use.
21.11 In our discretion we may serve any noticeor communication on you by email, fax or mail. In the case of notices sent by(a) fax, you will be deemed served at the time and date of dispatch and receipt of confirmation regarding successful transmission of the fax; (b) email, you will be deemed served at the time and date of receipt of such email by you; and(c) mail, you will be deemed served 5 (five) business days after dispatch ofthe same.
21.12 No person other than you has any rights under these Terms of Use and cannot enforce these Terms of Use.
21.13 As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, email and/or fax as we may deem appropriate to send you in connection with our Website and Services. For further details relating to the same, please refer to our Privacy Policy.
21.14 The invalidity of any term of these Terms of Use shall not affect the validity of the other provisions of these Terms of Use. If and to the extent that any provision of these Terms of Use is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these Terms of Use .
21.15 HailCabs may give notice by means of a general notice on the Service or Electronic Media, or by electronic mail to User’s email address or a message on User’s registered mobile number, or by written communication sent by regular mail to User’s address on record in HailCabs’s account information.
21.16 The User may contact HailCabs by electronic mail to the compliance/ Grievance Officer at the email addressharsh@hailcabs.in or by written communication sent by regular mail tohello@hailcabs.in.
21.17 HailCabs shall not be liable for any failure to perform any obligations under these Terms of Use, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
22. GRIEVANCE OFFICER
Any complaints, abuse or concerns with regards tocontent and or comment or breach of these Terms of Use shall be immediatelyinformed to Mr. Harshvardhan Tiwari ("Grievance Officer") through emailat harsh@hailcabs.in with the electronic signature or in writing at thefollowing address to:
Attn : Harshvardhan Tiwari
Designation : Grievance Officer, Axoir InternetVentures Private Limited
Corporate Address : 1-98/G/38, Plot No,37 &38, Serenity Square, Madhapur Opposite The Westin Hotel Raheja Mind space, Hyderabad, Telangana 500081
Cancellation And Waiting Policy
Cancellations
Cancellations can be frustrating for riders and driver partners alike. In order to ensure that driver partners are fairly compensated for their time when committing to a trip, we have ensured that a cancellation fee is in place.
When will a cancellation fee be charged?
A cancellation fee of ₹30 is charged for:
Cancelling after the driver is assigned
If you cancel after a driver is assigned(assignment happens max. 45 mins before scheduled ride time), you will be charged the cancellation fee.
Cancellation due to no show
If the driver’s wait time exceeds 20 minutes at pickup location, you’re marked as no-show and charged the cancellation fee.
How can you clear your cancellation fee?
The cancellation fee for a canceled trip would appear as a pending payment to be cleared before you book your next trip. While booking a new ride, we provide you with an option to add the pending payment to their current ride fare and continue with the booking experience without much hindrance.
What can you do if you were charged a cancellation fee unfairly?
If you feel that you have been charged a cancellation fee unfairly and due to factors beyond your control like the driver canceling the trip or if you’re unable to connect to the driver, you could raise a concern to our support team by email to hello@hailcabs.in
To avoid cancelling your ride, ensure before requesting
Your pickup location is correct
Always double-check your pickup location on the map before hitting the ‘Confirm’ button. Pinning your location accurately will save time for both you and your driver.
You’re ready for your ride
We notify you when your driver is en-route. Our driver partners do their best to arrive at the pickup location a few minutes before the scheduled time, be ready to hop on to your ride when it arrives.
Waiting Fee
Our driver-partners make every effort to arrive at your pickup location before the scheduled time. As a rider, it’s a good practice to be on time for a scheduled trip.
Moreover, an efficient dispatch enables us to give you a more cost-efficient & reliable ride. Towards this effort, riders will be charged a nominal waiting fee of ₹3/min when the driver’s wait time, at pickup location exceeds 10 minutes, or, at an intermediate stop (of a multi-stop ride) exceeds 2 minutes.
How it works:
Your driver-partner arrives at the pickup location. Once there, a push notification is sent to you communicating his /her arrival.
The driver-partner will wait for 10 minutes from the original scheduled pickup time.
If the ride doesn’t start within 10 minutes, waiting fee charges will kick in.
For multi-stop rides:
You arrive at an intermediate stop. Once there, a push notification is sent to you communicating your arrival and requesting you to be back within 2 minutes.
The driver-partner will wait for 2 minutes after arrival.
If the ride is not resumed within 2 minutes, waiting fee charges will start kicking in and continue until your ride is resumed.
If after a total wait time of 15 minutes, the ride is not resumed, the driver-partner will call you to confirm if you are coming back and subsequently end the trip if required. Your waiting charges are incurred until the driver-partner ends the trip.
.webp)
