- Your use of the products and/or services (hereinafter referred to as “Services”) currently offered or to be offered in future by BAI Infosystems Private Limited, its subsidiaries, affiliates, licensors, associates and partners (hereinafter referred as “BIPL”/”Company”) through the website www.taxivaxi.com (hereinafter referred as “Website”)and/or the mobile application TaxiVaxi (“App”)is subject to and governed by these Terms of Service (hereinafter referred as “Terms”).
- All the Services provided by the Company to you by means of your use of the Website/App are hereinafter referred to as the “Service.” The Website/App is an enabling platform for a consumer to connect with a third party, independent valid permit holder drivers or vehicle operators known as Service Provider. Once the Service Provider accepts a request, customer is notified with the details of Service Provider through SMS, Email or App notification (as applicable).
- BIPL shall do all the reasonable efforts to connect you with a Service Provider & the services are subject to the availability of Service Provider in or around your location at the moment of your request for transportation services.
- By using the Website and/or the App or using the service through the customer care,you hereby acknowledges that BIPL is not a transport services provider.
- It is up to the Service Provider to offer transportation services, which may be requested through the use of the Website, App or the customer care services. BIPL only acts as an intermediary between you and the Service Provider.
- For the avoidance of doubt, it is clarified that the Company itself does not provide taxi services. It is the Service Provider who shall render taxi service to you. The user shall be given the complete details of the Service Provider before the user confirms the booking and hencethe booking is subjected to the contract between you and the Service Provider. BIPL shall never be a party to such contract.
- You understand that the Terms will be binding on you. You agree that Services offered on the Websiteand/or the Appcan be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by BIPL. If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi – judicial body in India, it will not affect the validity and enforceability of the remaining Terms.
- Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
- We reserve the right to amend, modify or change any of the terms of this Agreement at any time, and it is advisable to regularly look at these terms. We shall give notice of such changes (“Notice”) either by email notification to the email address provided to us by you upon registration, or by posting the amended Agreement on the Website and/or the App. Such modifications could include changes to any of the Terms. If you do not agree with the terms of the amended Agreement, you may terminate your use of the Services by notifying us that you wish to terminate your Account. Your continued use of the Services will be deemed to constitute your acceptance of the changes to the Agreement.
- User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by BIPL. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services.
- In order to use the Services, a User must register for a user account (“Account”), and truthfully and accurately provide all mandatory information.
- BIPL advises its users that while accessing the Website and/or the App, they must follow/abide by the related laws. BIPL is not responsible for the possible consequences caused by your behavior during use of the Website and/or the App. BIPL at all the times reserves the right to deny service.
- You are advised to provide accurate information to BIPL. BIPL can verify the information that you have provided and choose to refuse the service or use of the App and/ or the Website without providing reasons.
- You have understood your contract with BIPL for Website and/or the App usage and you have clearly understood the SERVICE with our CLARIFICATIONS.
- Use the App for personal purpose only.
- You will not assign or otherwise transfer your account to any other person or legal entity.
- You will not use the Service or App or Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or App or Website to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or App or Website in any way whatsoever.
- You will not copy, or distribute the App or other content without written permission from BIPL.
- You will keep your account password information confidential or any other identification we provide you which allows access to the Service and the Appand/or the Website.
- You will provide us with whatever proof of identity we may reasonably request.
- You will comply with all applicable law from your city, State and the country while using the App or the Website or the Service.
- BIPL reserves the right to immediately terminate the Service and the use of the App and/or the Website should you not comply with any of the above rules
INTELLECTUAL PROPERTY RIGHTS
- BIPL is the sole owner or lawful licensee of all the rights to the Website, the App and its content. The Website/App content means its design, layout, text, images, graphics, sound, video etc. The Website/App content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/App and its content shall remain with BIPL, its affiliates or licensor’s of BIPLcontent, as the case may be.
- All rights, not otherwise claimed under this contract or by www.taxivaxi.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. BIPL does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on theWebsite/App, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
- We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in theWebsite/App is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall BIPL be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
- BIPL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website or the App.
- All related icons and logos are registered trademarks or trademarks or service marks of BIPL in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All content on this Website/App is the copyright of BIPL except the third party content and link to third party web site on our website.
- Any systematic retrieval of BIPL content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BIPL is prohibited.
- In addition, use of the content for any purpose not expressly permitted in this contract is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website/App service to infringe the intellectual property rights of others in any way. BIPL reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the BIPL service, or if BIPL believes that user(s) conduct is harmful to the interests of BIPL, its affiliates, or other users, or for any other reason in BIPL’s sole discretion, with or without cause.
CONSENT TO ELECTRONIC COMMUNICATION AND TRANSACTIONS
- By clicking the ‘I Agree’ button, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the App or the Website.
CHOICE OF LAW AND DISPUTE RESOLUTION
- These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Delhi shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Appor the Website. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis User representations
- Any information provided by you to us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.
- You agree to indemnify and hold BIPL, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the use of Services. You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available by you. All content posted by you must be legally owned by or licensed to you. By publishing any content, you agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that BIPL has the right to use in any manner whatsoever, all communication or feedback provided by you.
- You understand, accept and provide full consent to BIPL to gather, import, store, analyze and use in any other way deemed suitable by BIPL, any information provided by you or gathered from external third party websites.
- You shall not hold BIPL responsible for not being able to use the services for which you may be eligible. This includes, but is not limited to situations where you are unable to log into your user account as your user account may be pending validation or you may be in suspected or established violation of any of the Terms
- You understand and accept that by viewing or using the Website/App or availing of any Services, or using communication features on the Website/App, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.
- By placing an order through the App and/or the Website, you agree to be bound by these Terms and Conditions. You agree to take adequate care while placing the order and when providing us with your details and warrant that these details are complete and accurate so as to enable BIPL to undertake delivery of the Services. You also warrant that the credit or debit card details that you provide are for your own credit and debit card money and that you have sufficient funds to make the payment for the Sevicesordered.
- Any order for the Services placed through the App and/or the Website are intended for your end consumption only and you warrant that any Services ordered by you are not for resale and that you are acting as principal only and not as an agent for another party while ordering and receiving the Services.
- When ordering from the App and/or the Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. BIPL cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements of this provision
CHARGES AND PAYMENT
- You will make payment in full to any taxi drivers/ service providers introduced to you through us for any services provided by such driver to you (although you may choose to use the App to facilitate such payment). You shall be required to pay trip charges for taxi service to the Service Provider and the rates of can be found on the Website and App of the Company or the Website/ App of the service provider. The charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the taxi services. You agree that you will pay for all taxi services you purchase from the Service Provider either by way of cash or credit card. In the event the payment cannot be accepted through credit card / App, you shall be required to pay the trip charges by way of Cash. Any payment made is non-refundable. At the end of the trip, we will facilitate for you to receive a copy of the invoice from the Service Provider on your registered e-mail account with the Company.
USER ACCOUNT CREATION & OPERATION
- To use our Services, you will need to register with us.
- By completing the online registration process, you confirm your acceptance of the Terms. During the registration process, you will be required to choose a login name and a password in addition to providing some other information which may or may not be mandatory. Additionally, you may be required to give further personal information for your user account verification and/or for charging your user account. You must give us the correct details in all fields requiring your personal information, including, without limitation, your name, postal address, email address, telephone number(s) etc. You undertake that you will update this information and keep it current.
- You acknowledge that we may, at any time, require you to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Website/App. Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
- You understand that it is your responsibility to protect the information you provide on the Website/App including but not limited to your Username, Password, Email address, Contact Details and Mobile number. BIPL will not ask for your user account information which is only to be entered at the time of login. At no other time should you provide your user account information to any user logged in on the Website/App or elsewhere. You undertake that you will not allow / login and then allow, any other person to use the services provided by BIPL from your user account using your username. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your user account on the Website/App being exposed or misused by any other person.
- You agree to use your BIPL user account solely for the purpose of commuting using the services provided on the Website/App and for transactions which you may have to carry out in connection with availing the Services on the Website/App. Use or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonus or balance in the user account.
- You also understand and agree that deposits in your user account maintained with us are purely for the purpose of using the services made available by Taxivaxi.
USER ACCOUNT VALIDATION AND PERSONAL INFORMATION VERIFICATION
- BIPL may from time to time attempt to validate its members user accounts. These attempts may be made via a phone call or via email. In the event that we are not able to get in touch with you the first time around, we will make additional attempts to establish contact with you. If the phone number and email provided by you are not correct, we bear no responsibility for the Services being interrupted due to our being unable to establish contact with you.
- If we are unable to reach you or if the validation is unsuccessful, we reserve the right to disallow you from logging into the Website/App partially/completely until we are able to satisfactorily validate your user account. We will in such events email you to notify you of the next steps regarding user account validation. We may also ask you for proof of identification and proof of address from time to time.
- Upon receipt of suitable documents, we will try our best to enable your user account at the earliest. However, it may take a few business days to reinstate your user account.
- In the event that we have made several attempts to reach out to you but have been unable to do so, we reserve the right to permanently suspend your user account.
The customer shall pay the taxi fare, parking charges, additional night charges (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the taxi Services.
The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
THE CUSTOMER SHALL ENSURE THAT HE/SHE WILL NOT INDULGE IN ANY OF THE FOLLOWING ACTIVITIES WHILE IN A TAXI:
- Smoking or consuming any kind of intoxicants inside the Taxi. The driver has the right to refuse the pick-up or ask the customer to alight the cab if the customer is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance.
- Littering the Taxi
- Soiling or damaging the seats and/or any other interiors of the Taxi.
- Misusing, soiling or damaging any of the devices (technical/non-technical) in the taxi.
- Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up or ask such customer(s) to alight from the cab.
- Asking the driver to board more passengers than the seating capacity in the taxi. The driver has the right to refuse such a pick-up or ask such customer(s) to alight from the cab.
- The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
REPRESENTATION, WARRANTIES, INDEMNIFICATION & LIMITATION OF LIABILITY
Without prejudice to the above, the BIPL makes no representation or warranty that:
- The Services will meet the customer’s requirements;
- The Services will be uninterrupted, timely, secure, or error-free.
- The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of taxi service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer’s non-compliance with the Services’ recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
- The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- If any passenger misses the train or flight or bus, Company will not be liable for any compensation. The customer shall make an alternate arrangement if the cab has not reached due to any reason.
- The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.
- The Company shall be entitled at any time without giving any reason to terminate the booking of taxis done by the Customer.
- The Company encourages all its customers to take full responsibility of his/her items. In case of lost items inside the Company during the journey, Company 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 the Customer leaves any goods in the taxi or has any complaint in respect of the Services or the use of the taxi, the Customer has to inform Company of the same in writing within 24hours of using the taxi or the Services of Company.
- The Company shall not be liable for any conduct of the drivers of the taxis. However, the Company encourgaes you to notify it of any complaints that you may have against the driver of any taxi that you may have hired using the Company’s Services.
- The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company’s website at www.taxivaxi.com on the date that Company may indicate that such addition, variation or amendment is to come into effect.
- It is expressly made clear to you hereby that the Company does not own any taxis nor does it directly or indirectly employ any drivers for the taxis. Taxis and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the taxis alike.
- The Company have right to use the customer contact information for its own marketing purposes
- The Company may send regular SMS updates to the mobile numbers registered with it.
- It is expressly made clear to you hereby that the Company does not own any cabs nor does it directly or indirectly employ any drivers for the cabs. BIPL disclaims any and all liability in respect of the drivers and the Cabs alike.
COMPLAINTS & DISPUTES
- If you have a complaint, you should in the first instance contact the customer support team at email@example.com or write to us following the procedure given in the Contact Us section. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint.
- You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party.
- BIPL shall make efforts to resolve complaints within reasonable time.
- Our decision on complaints shall be final and binding on you.
MODIFICATIONS AND ALTERATIONS
- We may alter or modify the Terms at any time without giving prior notice to you. Your continued use of the Website/App and/or any Services offered constitutes your unconditional acceptance of the modified or amended Terms.
- We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by the Terms as well as any such supplementary terms that those Services may be subject to.