- Last Updated: 08.08.2016
This document is an electronic record in terms of the Indian Contract Act, 1872, Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Website and Application (hereinafter referred to as "Application" or "App") is owned and operated by Just Innovate Solutions Private Limited ("Company" or "Cabfinder").
Company is in the business of providing a technology platform that enables users of Cabfinder's mobile applications or websites provided as part of the Services, to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Cabfinder or certain of Cabfinder's affiliates ("Third Party Service Providers" or "TPSP/s").
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
1.1. "Account" shall mean the account created by the User on the Application for availing the Services provided by Cabfinder.
1.2. "Applicable Laws" 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.
1.3. "Application" shall mean the mobile application "Cabfinder" updated by Company from time to time.
1.4. "City of Operation" shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Users shall be in the same city, unless explicitly provided by the Company.
1.5. "Customer", means a person who has an Account on the Application and agrees to avail the Services of Cabfinder.
1.6. "Driver" shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with Cabfinder to provide the transportation services on its behalf and persons who (may or may not) own the Vehicles and who have necessary city taxi permits and licenses to provide transportation services within the City of Operation.
1.7. "Fare" shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a TPSP. The fare viewed by User in the Application is not managed or adjusted or set by the Cabfinder and are set by the Driver and/or the TPSP at its own discretions, in accordance with the ceiling limit set under the Applicable Laws.
1.8. "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of Cabfinder.
1.9. "Cabfinder" "we" "Company" or "us" shall mean Just Innovate Solutions Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its corporate office at Just Innovate Solutions Private Limited, NO. 816, 1st block, 9th Main Road, 4th B cross, HRBR Layout, Bangalore 560043, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
1.10. "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 Cabfinder from the Users from time to time for registration on the Application.
1.11. "Ride or trip" shall mean the travel in the Vehicle by the User facilitated through the Site. The Ride may be shared with other passengers, if You chose any of the pooled or shared features available on the Site.
1.12. "Service(s)" means the facilitation of transportation service by Cabfinder through the Application and booking made by the Customer on the Site, within the City of Operation, as elaborated in Clause 4 below.
1.13. "Site" shall mean the Application and the website operated by Cabfinder or any other software that enables the use of the Application or such other URL as may be specifically provided by Cabfinder.
1.14. "T&Cs" and "Terms and Conditions" or "Terms" shall mean these terms and conditions and any such terms and conditions applicable to the Users of the Services.
1.15. "TPSP" shall mean a Driver and/or an operator associated with Cabfinder, offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.
1.16. "Vehicle" shall mean a motorcar or motor cab as defined under the Motor Vehicles Act, 1988.
1.17. "User/user", "You/you" or "Your/your" shall mean any such person or the users of the Application, including but not limited to TPSP, Customer, Drivers, etc.
1.18. "STREETPICKUP/NOW" streetpickup/cabfinder shall mean offline booking from customer to driver where instant booking will be done through driver app based on the customer mobile number/customer ID / unique ID.
2.1. In order to avail and use most of the Services, you must register for and maintain an active personal user Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Services certain personal information, such as your name, address, mobile phone number and age, (if required) as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Cabfinder's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Cabfinder in writing, you may only possess one Account.
3. REGISTRATION AND ACCOUNT
3.1. You understand and acknowledge that You can register on the Site only after complying with the requirements of this Agreement and by entering Your Registration Data.
3.2. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3.3. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account can not be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
3.4. You hereby represent that you are not registered with the National Do Not Call Registry, and expressly consent to receive communications including promotional content from Us through Your registered phone number and/or e-mail id. You may, upon availing or attempting to avail the Services, receive messages in Your mobile phone from Cabfinder regarding the details of your Ride.
3.5. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.7. It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application if You use the Service or Application with an incompatible or unauthorized device.
3.8. We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at email@example.com
3.9. In case, You are unable to access Your Account, please inform Us at firstname.lastname@example.org make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to and after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
3.10. SOCIAL PLATFORM FEATURES
3.10.2. Registration can also be made by using such Social Platform, for availing the Service through the accounts maintained with the operators of such Social Platform. The Cabfinder shall not be responsible for any discrepancy in the data collected from such Social Platform. You agree that the Cabfinder shall be authorised to collect Your personal information from such Social Platforms and seek any such information which is required from You to operate the Application. You accept and agree that unless the necessary information is not obtained by Cabfinder, Your access to the Application may not be granted.
3.10.3. By registering using the Application and/or information provided on the Social Platform You acknowledge and agree that Cabfinder shall not be responsible for the use of any personal information that You publicly disclose or share on the Application or with others on the Application. Please carefully select the type of information that You publicly disclose or share with others on the Application, or from the Application on other Social Platforms.
4. CABFINDER SERVICES
4.1. Cabfinder offers information and a means to obtain transportation services offered by the TPSP, which may be requested through phone, via call centre, Site, the use of Application or through any other channel made available by Cabfinder for 'booking' purposes. All services provided by Cabfinder to You by means of Your use of the booking channel, for booking purposes, are hereinafter referred to as the "Service". Our Services are available in regions as set out and mentioned in these Terms. Cabfinder will store the information provided or record your calls for contacting You for all Service related matters. You may promptly inform Cabfinder on any change in the information provided by You.
4.2. Presently Cabfinder does not charge any fee for browsing the Application or the Site or availing any Services thereof. However, in the event Cabfinder decides to impose any such fee, whether for the use of the Site or Application on the whole or some limited features therein, it shall be notified to You by email, a message on Your registered phone number or on the Site. Your continuous use of the Application/ Site after such notification shall be deemed to be acceptance of the revised fee term by You. You agree to pay such fee depending on the features used by You, as long as You are registered on the Site/Application.
5. HOW TO USE THE SERVICE
6.1. The Service allows You to send a request through Cabfinder to a TPSP on the Cabfinder network. The TPSP has sole and complete discretion to accept or reject each request for Service. If the TPSP accepts a request, Cabfinder notifies You and provides information regarding the TPSP - including Driver name, Vehicle license number, and telephone contact details of the TPSP and simultaneously shares your name and contact details with the Customer.
6.2. The Application shall provide the details of the TPSP, within the approximate radius of 5 km and allow you to choose the TPSP of your choice.
6.3. Cabfinder does not provide any guarantee on whether or not your request shall be accepted by the TPSP.
6.4. You are mandatorily required to feed your destination in the Application, without which your request shall not be processed by the Application, failing which TPSP shall not be able to receive the service request from you.
6.5. Cabfinder shall procure reasonable efforts to bring You into contact with a TPSP in order to obtain transportation service, subject to the availability of TPSP in or around Your location (approximate radius of 5 km) at the moment of Your request for such services.
6.6. You can place the booking request using the Application for availing a Ride atleast an hour prior to your departure time. However, Cabfinder doesn't not guarantee or warrant the fulfilment such request by the TPSP, due to several factor not in control of the Cabfinder, such as, TPSP denied to accept your request, no availability of the TPSP during the tie chosen for the Ride, etc.
6.7. No change in drop location shall be allowed once Driver confirms the booking.
6.8. The Fare shall be calculated through the algorithm wherein, the calculation shall comprise of and shall be based on the base fare (if any), run time of the Vehicle and distance travelled by you.
6.9. You shall ensure that:
5.9.1. You report promptly on time at the pick-up location;
5.9.2. You avoid talking loudly over the phone;
5.9.3. You do not use foul language in the Vehicle;
5.9.4. You do not share Your personal information with Driver. You maintain decorum and refrain from indulging in heated discussions or debate(s) with the Driver;
5.9.5. You avoid getting personal or overtly friendly with Your Driver.
5.9.6. You do not consume eatables (including drinking beverages) in the Vehicle;
5.9.7. You keep Your belongings with You only;
5.9.8. You do not indulge in any inappropriate behaviour, verbal or otherwise, with Your Driver.
6.10. By using the Application or the Service, You further agree that:
5.10.1. You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
5.10.2. You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
5.10.3. You will not use the Service or Site for unlawful purposes;
5.10.4. You will not try to harm the Service, Site or our network in any way whatsoever;
5.10.5. You will provide Cabfinder with such information and documents which Cabfinder may reasonably request;
5.10.6. You will only use an authorized network to avail of the Service;
5.10.7. You are aware that when requesting Services, whether by message, via Site, calling the call centre of Cabfinder, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
5.10.8. You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and
5.10.9. You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
5.10.10. Cabfinder reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.
6. BOOKING CONFIRMATION
6.1. TPSP shall, upon receiving the booking request from You in the manner set out above, display your Services request to the TPSP. However, TPSP may confirm or may decline the booking at the pickup time, which shall be informed to You vide an SMS and email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, your Service request shall be cancelled by the TPSP.
6.2. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS/email or failure to provide the correct details on the Application.
7.1. You may choose to pay for the transportation services by either of the available following methods:
7.1.1. Cash payment: Cash payment towards the Fare after the completion of Ride can be made to the Driver. In addition to the Fare, any toll duty, inter-state taxes, cess etc. as may not be included in the Fare but payable to any third party for undertaking the Ride under Applicable Law ("Additional Charges"), shall also be payable by You. The toll charges will be payable by when the Vehicle crosses a toll post/border post while carrying You, except when the toll is charged on the return of the Vehicle, such toll will be charged to You during the drop to the destination. You are responsible for the timely payment of Fare and Additional Charges, in cash to the Driver.
7.1.2.Online payment for trips can be made to Cabfinder through any of the payment methods offered on the Site. When You choose to make an online payment, Cabfinder shall collect the Fare on behalf of the TPSP who will be responsible for providing the transportation services and such payment services is powered by a third party payment processor ("Payment Processor"). Cabfinder will not be responsible for any errors by the Payment Processor in any manner. In the event the payment cannot be accepted through the Payment Processor, You shall be required to pay the Fare of the transportation services in cash in terms of Cash Payment above. Further, even in cases of online payments, all Additional Charges shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver.
7.2. Any payment related issue, except when such issue is due to an error or fault in the Website or Application, shall be resolved between You and the Payment Processor. Cabfinder shall not be responsible for any unauthorized use of Your details received by the Payment Processor during or after availing the Services on the Website.
7.3. Cabfinder will generate the invoice on behalf of the Driver servicing Your request, which will be sent across to Your registered e-mail. Please note that the charges mentioned in the invoice are exclusive of the Additional Charges.
8. CANCELLATION POLICY
8.1. For any advance booking received on the Application for outstation trips, You may cancel the booking 4 (Four) hour prior to the time of journey, without any cancellation charges for all Services.
8.2. Any cancellation made within 4 (four) hour of travel might attract cancellation charges. Instances where booking was made by paying the advance through cabfinder, 50% (fifty per cent) of the advance shall be payable as cancellation fee.
8.3. If You pay the Fare ONLY through Payment Processor before the Ride and cancels the Ride before 4 (Four) hour of the commencement of the Ride, then the refund will be made to such customer within 5 (five) days in the account and in the manner in which the advance Fare was received from the customer.
8.4. The payment made in cash by you to the TPSP shall not be refundable in any circumstances.
8.5. Any cancellation made after the ride is accepted by the TPSP, preset cancellation charges will be charged.
9. VIOLATION OF TERMS
9.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to Cabfinder and we shall also have the right to terminate the Ride. In the event You fail 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. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be.
10. CUSTOMER RELATIONSHIP MANAGEMENT
10.1. All issues, opinions, suggestions, questions and feedback while availing our Services may be communicated to us through email address mentioned on the Site or Application. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
10.2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
10.3. Any issue reported on channels other than the above may be addressed by Cabfinder only on a best-effort basis. Cabfinder takes no liability for inability to get back on other channels.
10.4. Cabfinder shall endeavour to respond to Your issues within 3 (three) working days of Your reporting the same and endeavour to resolve it within 10 (ten) working days. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Cabfinder shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
11. FORCE MAJEURE
11.1. Cabfinder shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this Terms shall be suspended for so long as the Force Majeure Event continues.
12.1. By accepting these Terms and using the Service, You agree that You shall defend, indemnify and hold Cabfinder, its affiliates, their licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the TPSPs \or (c) Your use or misuse of the Application or Service.
13.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and by our service providers are for general information purposes only and does not constitute advice. Cabfinder will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
13.2. Cabfinder shall not be liable for missing trains/flights/events or delays etc as the Service is dependent on many factors not in our control. You must book Cabfinder by taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays. However, Cabfinder, shall not be responsible to reimburse You any such the amounts paid by You, in the event You miss a train/flight/bus as a result of such delay. However, Cabfinder suggest Users to book the Vehicle for a pickup time which at least 4 (four) hours before the scheduled check-in time in case of a flight and the scheduled departure time in case of a bus/train, for distances that can be covered in at least 1 (one) hour under normal traffic conditions.
13.3. In the event, there is a delay by the Vehicle in the reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Cabfinder shall only endeavour to get You in touch with the TPSP assigned for Your Ride. Further, Cabfinder at its discretion, and based on the circumstances and consequences of such delay, may not be responsible to reimburse You any such amounts paid by You or required to be paid by you, as liquidated damages.
13.4. Cabfinder shall not be liable for any damages resulting from the use of or inability to use the channels of booking, including damages caused by wrong usage of website URL, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Site or Application, unless such damage is the result of any wilful misconduct or forms gross negligence on the part of Cabfinder.
13.5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Cabfinder 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 the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Cabfinder of the same in writing within 12 (twelve) hours of using the Vehicle or the Services of Cabfinder. In the event it is found, You shall be informed of the Cabfinder office from where You can collect it after 3 (three) working days from the date You were informed. Cabfinder however shall not be responsible for delivering the same back to You. If requested, Cabfinder may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the distance to be covered by the TPSP for the place of delivery from the Cabfinder office. Cabfinder shall charge You a fee at the time of such delivery and shall communicate the same to you prior to performing the delivery.
13.6. Cabfinder does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
13.7. Cabfinder shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Cabfinder. Cabfinder will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
13.8. IN NO EVENT SHALL CABFINDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CABFINDER OR ANY OF CABFINDERS' SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. CABFINDER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TPSP, EVEN IF CABFINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CABFINDER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CABFINDER'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT TPSP PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
13.10. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages or death or personal injury, the scope and duration of such warranty exclusions and the extent of the liability of Cabfinder shall be the minimum permitted under Applicable Law.
13.11. DISCLAIMER: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CABFINDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CABFINDER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CABFINDER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
13.12. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APPLICATION AND/OR THE SERVICES, INCLUDING THE ABILITY TO AVAIL THE SERVICES AT ANY PARTICULAR LOCATION OR TIME.
13.13. The location data made available on the Application is basic is nature, and meant to provide guidance to Drivers only. You acknowledge that it is not intended to be relied upon in situations where precise location information is required, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Cabfinder does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed. You acknowledge that the information made available by You on the Application, including location data, may be accessible to certain other users of the Application.
14. LICENSE TO USE THE APPLICATION
14.1. Subject to Your compliance with these Terms, Cabfinder grants You a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
14.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet "links" to the Service or "frame" or "mirror" any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
14.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
14.4. Cabfinder will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Cabfinder may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Cabfinder has no obligation to monitor Your access to or use of the Site, Service or Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative outstation or other Governmental body. Cabfinder reserves the right, at any time and without prior notice, to remove or disable access to any content that Cabfinder, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site, the Service or Application.
15. USER CONTENT
15.1. Cabfinder can accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site ("User Content") by You. You represent that You have obtained all permissions and consents required to post the User Content and such User Content complies with all requirements of the User Content. Cabfinder shall not in any manner be responsible for or endorse the User Content.
15.2. You agree that when posting User Content, You will not:
15.2.1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
15.2.2. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
15.2.3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
15.2.4. Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
15.2.5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
15.2.6. Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
15.2.7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
15.2.8. Deceive or mislead the addressee about the origin of a messages or communicate any information which is grossly offensive or menacing in nature.
15.2.9. Restrict or inhibit any other user from using and enjoying the Site.
15.2.10. Violate any code of conduct or other guidelines which may be applicable for any particular User Content.
15.2.11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
15.2.12. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
15.2.13. Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. Cabfinder alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
16.1.1. the Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
16.1.2. text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
16.1.3. other information provided by You or any other party relating to the Site, Application or the Service.
16.2. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
16.3. These Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Cabfinder. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
16.4. You may use information on the Site purposely made available by Us for downloading from the Site, provided that You:
16.4.1. do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
16.4.2. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
16.4.3. do not make any additional representations or warranties relating to such information.
17.1. We welcome links to this Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Cabfinder. You must not use on Your site or in any other manner any Cabfinder trademarks or service marks or any Content belonging to Cabfinder and appearing on the Site, including any logos or characters, without Our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without Our prior written consent.
18. TERM AND TERMINATION
18.1. Unless terminated in accordance with this Clause, the agreement between Cabfinder and You is perpetual in nature upon downloading the Application and for each booking in any other mode.
18.2. You are entitled to terminate the agreement at all times by permanent deletion of the Application installed on Your smart phone, thus disabling the use by You of the Application and the Service. You can close Your user account at any time by following the instructions on the Site.
18.3. Cabfinder is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these Terms, or (b) in the opinion of Cabfinder, misuse the Application or the Service. Cabfinder is not obliged to give notice of the termination of the agreement in advance. After termination Cabfinder will give notice thereof in accordance with these Terms.
18.4. Termination of this agreement will not prejudice accrued rights of either Cabfinder or You.
18.5. Such Clauses which by virtue of its presence are required to service shall survive the expiry/termination of these Terms in accordance with their terms.
19. INVALIDITY OF ONE OR MORE PROVISIONS
19.1. The invalidity of any term of these Terms shall not affect the validity of the other provisions of these Terms. If and to the extent that any provision of these Terms 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.
20.1. In the event of any contradiction or inconsistency between this Terms and any other agreement executed between You and Cabfinder, the terms of the Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this Terms.
21.1. You agree that Cabfinder is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Cabfinder does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Cabfinder also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
21.2. We do not authorize anyone to make a warranty on Our behalf and You may not rely on any statement of warranty as a warranty by Us.
21.3. Cabfinder and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Cabfinder or any other person's negligence or otherwise).
21.4. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
22. MODIFICATION OF THESETERMS
22.1. Cabfinder reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, discontinue or restrict your use to all or any feature of the Service or Application at any time by posting a notice on the Site or by sending You notice in accordance with Clause 23 below. Your continuous use of the Application/ Site after such notification shall be deemed to be acceptance of the revised terms by You.
23.1. Cabfinder may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Cabfinder's account information.
23.2. You may contact Cabfinder by electronic mail at Our email address email@example.com or by written communication sent by regular mail to Our address at Just Innovate Solutions Private Limited, NO. 816, 1st block, 9th Main Road, 4th B cross, HRBR Layout, Bangalore 560043.
24.1. You may not assign Your rights under these Terms without prior written approval of Cabfinder. Cabfinder can assign its rights under the Terms to any affiliate.
25. APPLICABLE LAW AND DISPUTE RESOLUTION
25.1. These Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, "Disputes") will be subject to the exclusive jurisdiction of courts in Bangalore, India.