Terms and Conditions
Welcome and Thanks for using www.heytaxi.in. When you use our products or services, you're agreeing to our terms, so please take a few minutes to read over the below mentioned Terms and Conditions:
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR WEBSITE.
1. General Terms and Conditions:
Ride Exchange Private Limited (“the Company”) provides technology based services for booking two-wheeler and/or four-wheeler taxis (“Taxi”) to you and you agree to obtain taxi services offered by third party taxi providers, drivers or vehicle operators ("the Service Provider"). All the Services provided by the Company to you by means of your use of the booking platform including services for transmission of parcels are hereinafter referred to as the "Service".
The Company shall take your booking request and forward it to the Service Provider through an app based device operating on GPS-GPRS based device installed in the Taxi and/or installed on the mobile device with the rider. The Service Provider shall have the sole discretion to accept or reject each request for the Service. The Service Provider has discretion over whether to receive the booking request made by the Company. If the Service Provider accepts the booking request made by the Company, the GPS device installed in the Taxi and/or installed on the mobile device with the rider notifies you and provides the information regarding the Service Provider including its name, contact number etc.
The Company shall make reasonable efforts to bring you in contact with the Service Provider in order to obtain the Service subject to availability of the Service Provider in or around your location at the time of your booking request made to the Company.
For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Service Provider who shall render the Services to you. The provision of the Services by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and the Company shall never be a party to such agreement. Even after acceptance of booking, the Service Provider may not reach your pick up location or decide not to render his services in which event the Company shall not be held liable to you.
You warrant that the information you provide to the Company is accurate and complete. The Company is entitled at all times to verify the information that you have provided. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct mobile application for your device or visit the correct portal. The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal. The Company reserves the right to discontinue or introduce any of the modes of booking Taxi and/or for providing services for transmission of parcels.
You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
You will comply with all applicable laws of the land;
You will treat taxi drivers introduced to you through us with respect and not cause damage to their taxi or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their taxi or the service;
You will compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms.
Please note that we are not responsible for the behavior, actions or inactions of drivers of taxis, quality of taxi which you may use (through us or otherwise). Any Contract for the provision of taxi services is exclusively between you and the driver and the Company is not a party to the same. We simply provide a platform to introduce drivers and passengers and/or customers.
By using the mobile Application of the Company, you further agree that:
You will download the Application for your sole, personal use and will not resell it to a third party;
You will not authorize others to use your account;
You will not assign or otherwise transfer your account to any other person or legal entity;
You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the Application to cause nuisance, annoyance or inconvenience;
You will not impair the proper operation of the network;
You will not try to harm the Application in any way whatsoever;
You will not copy, or distribute the Application or other Company Content without written permission from the Company;
You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Application;
You will provide the Company with whatever proof of identity we may request;
You will only use an access point or 3G data account (AP) which you are authorized to use;
You will not use the Application with an incompatible or unauthorized device;
You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application.
The Company reserves the right to immediately terminate your use of the Application should you not comply with the any of the above rules.
2.Charges and Payment:
You shall be required to pay charges for the Services used by you either by using the online payment gateway provided in the Mobile Application or by paying cash to the Service Providers. The rates of the Services can be found on the Website and Mobile Application of the Company. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the Services. You agree that you will pay for all Services you purchase from the Service Provider either by way of credit card or debit card or by cash. In the event the payment cannot be accepted through debit card/credit card/mobile application, you shall be required to pay the charges for the Services availed 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 Company on your registered e-mail account with the Company. It is clarified that the term ‘trip’ includes a trip for transportation of a passenger and/or a trip for transportation of a parcel by the Service Provider.
The Company has made available, on the Mobile Application and on the Website, an option to insure the parcels/goods of the customer to be transported by the Service Provider as per the directions of the customer. If and only if the customer avails himself/herself of this insurance
policy will the Company be liable for any damages/loss arising to the goods/parcel of the customer in transit. The amount of damages shall be ascertained according to the insurance policy availed by the customer and will be restricted to an amount as declared by the Company from time to time. The liability of the Company shall under no circumstances exceed the liability determined as aforesaid. The customer will be required to indicate the accurate address for the delivery of the parcel/good and also an accurate return address in case the parcel/good cannot be delivered for any reason whatsoever at the delivery address. It is clarified that the transit will commence from the moment the parcel/good is securely handed over to the Service Provider by the customer till the moment the Service Provider arrives at the delivery address or as near to the indicated delivery address as may be possible. As soon as the Service Provider arrives at the indicated delivery address, the Company’s liability shall cease in respect of the insurance of the parcel/good. In the event the Service Provider is not able to deliver the parcel/good at the indicated address for any reason whatsoever then the Company shall not be liable for any damages arising to the parcel/goods while delivering the parcel/goods at the return address as provided by the customer.
The charges for the insurance policy can be found on the Website and Mobile Application of the Company. The charges for the insurance policy shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the insurance.
By accepting these User Terms and using the Application, you agree that you shall defend, indemnify and hold the Company, its affiliates, its 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 User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via the Application, or (c) your use or misuse of the Application or Website.
The information, recommendations provided to you on or through the Website, or the Application is for general information purposes only and does not constitute advice. The Company will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
The Company shall not be liable for any damages resulting from the use of or inability to use the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of the Company.
The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 500 for any parcel.
The quality of the Services requested through the use of the Application is entirely the responsibility of the Service Provider who ultimately provides such Services to you. The Company under no circumstance accepts liability in connection with and/or arising from the Services provided by the Service Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Service Provider. However, any complaints about the Services provided by the Service Provider should be submitted to the Company by an e mail as notified from time to time.
5.INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights):
The Company is the sole owner and lawful licensee of all the rights to the web site, mobile application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, mobile application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this Mobile Application and/or Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website or Mobile Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, 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.
All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All the contents on this website and/or Mobile Application is copyright of the Company except the third party content and link to third party website on our website and/or Mobile Application.
Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Mobile Application on a single mobile device that you own or control and to run such copy of the Mobile Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Mobile Application in any way; (ii) modify or make derivative works based upon the Mobile Application; (iii) create Internet "links" or "frame" or "mirror" any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Mobile Application 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 Mobile Application, or (c) copy any ideas, features, functions or graphics of the Mobile Application, 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 Mobile Application.
6.Link To Third Party Website:
During the use of the Website or the Application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and are beyond the Company's control.
7.Term and termination of the contract:
The Contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Mobile Application installed on your Mobile Device, Tablet or any electronic device capable of using the Mobile Application thus disabling the use by you of the Mobile Application and the Service.
Company is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of the Company, misuse of the Mobile Application or the Service. The Company is not obliged to give notice of the termination of the Contract in advance. After termination the Company will give notice thereof in accordance with these User Terms.
8.Invalidity of one or more provisions:
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
9.Modification of the Service and User Terms:
The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Mobile Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.
You may not assign your rights under these User Terms without prior written approval of the Company.
12.Privacy and Cookie Notice:
13.Excusable Delays (Force Majeure):
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
The Courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Company and the Customer. All claims and disputes arising under these Terms and Conditions should be notified to the Company within 30 days from the event date.
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and you shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at www.heytaxi.in and/or in the Mobile Application or on the date that the Company may indicate that such addition, variation or amendment is to come into effect.
The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
The Customer who seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the Company's Partner, then the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the said service provider, being the provider of the said services, benefits, facilities or arrangements.
The Company provides links to third party website as a convenience to the Customers or as an advertisement and the Company does not have any control over such sites i.e. content and resources provided by them. The Company recommends reading such site's terms and conditions and/or privacy policies before using such sites.
This web site (www.heytaxi.in) and Mobile Application is published and maintained by Ride Exchange Private Limited access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and the Customers.