User Terms and Conditions

Welcome to DivyanshiCAB and thank you for using our services.

When you use our services, you tend to accept our terms & conditions. So, please take a few moments to read them below.

Please read these user terms carefully before downloading our application and/or using our website.

1.DEFINITIONS:

• • ‘Vehicle’ shall mean any vehicle/cab/taxi to be provided to the customer for the performance of the services.

• • ‘Company’ or ‘We’ or ‘DivyanshiCAB’ shall hereinafter individually and collectively mean Divyanshi Transport Business Private Limited. This expression includes the Authorized Representatives, Employees, Customer Care Executives, Agents, etc.

• • ‘Customer’ or ‘You’ shall mean any person availing of the services provided by the Service Provider.

• • ‘Service Provider’ shall mean any person or entity possessing the Vehicle and providing the Services to the Customer.

• • ‘Force Majeure Event includes but is not limited to strikes, lockouts, labor disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, the action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by the exercise of reasonable diligence could not have been prevented or provided against.

• • ‘Services’ shall mean and include the ride-hailing services; the pickup and drop services and/or transportation services to be provided by the Service Provider from and to such locations as may be requested by the customers.

• • ‘Use of Service’ shall mean and includes but is not limited to, all the Customers dialing the dedicated number of the company or visiting the official website of the company or downloading the Mobile Application, or availing the services from the street-side or dedicated pick-up locations of the Company.

2.General Information:

• • The Company provides technology-based services for booking Cabs in certain cities of Bihar basis to you and you agree to avail of the Services offered by third-party Service Providers, drivers, or vehicle operators (“the Service Provider”).

• • The Company shall take your booking request and forward it to the Service Provider and the Service Provider shall have the sole discretion to accept or reject such request. 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 for the Services, the Company shall notify you and provide 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 provide services subject to the 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 Service 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 the 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 to at all times verify the information that you have provided. You may only access the Service 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 or dial-in the accurate call center number.

• • The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles.

• • 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;

• • You will treat the Service Provider introduced to you through us with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their Vehicle or the Service;

• • You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

• • Please note that we are not responsible for the behavior, actions, or inaction of the Service Provider, the quality of the cab that you may use (through us or otherwise). Any Contract for the provision of Services is between you and the Service Provider and not us and we simply provide a platform to introduce the Customer and the Service Provider.

• • 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 Application in any way whatsoever;

  • • You will not copy, or distribute the Application or other Company Content without written permission from Company;

  • • You will keep secure and confidential your account password or any identification we provide you which allows access to the Application;

  • • You will provide us with whatever proof of identity we may reasonably request;

  • • You will only use an access point or 3G/4G 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 laws 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 the use of the Application should you not comply with any of the above rules.

• • The fare range displayed in the ‘Fare Estimation’ provided in the Divyanshi Mobile App is an estimate. The actual fare payable will be displayed on the billing device in the Vehicle or communicated to the Customer via e-mail or SMS. The Company takes no responsibility for the accuracy of the estimates and any variation between the estimate and the actual fare.

• • The above estimates are exclusive of all toll charges, parking charges & discounts, etc. Toll and other charges are payable separately at actual.

3.Charges and Payment:

• • You will make payment in full for the Services provided to you. You shall be required to pay trip charges for the Service to the Service Provider and the rates can be found on the website and mobile application of the Company.

• • The trip 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 Services. You agree that the trip charges shall include the trip fare and any additional charges levied by the Company which includes waiting for charges, parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.

• • The fares and other rates vary and differ for different locations and different segments of Vehicles. Convenience charge (booking fee) shall be applicable for the bookings made through the Company call center as per the rates provided in the fare chart.

• • For Outstation Round Trips, the charges will be applicable for each Calendar day. If the travel time extends to the next calendar day beyond 12 am-midnight, next calendar day Round Trip charges will be applicable.

• • You agree that you will pay for all Services you purchase from the Service Provider either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants or any new payment methods that the Company introduces from time to time. In the event the payment cannot be accepted through non-cash/digital modes, 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. The Company offers the mode/option for payment of tips to the drivers. The amount to be paid as tips is not mandatory and is sole as per the wish of the User or the experience of the User post availing the Services.

• • The amount of tip is directly payable by the User to the driver and the Company is neither involved nor responsible for any such tips paid by the User to the driver. The amount paid as the tip is not taxable and no receipt to that effect will be provided, also the same is non-refundable.

4.Indemnification:

• • By accepting these User Terms and using the application, you agree that you shall defend, indemnify and hold the Company, its affiliates its license holder, and each of its 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.

5.Liability:

• • The information, and 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 (but to the exclusion of death or personal injury), 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 wilful 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 1000.

• • The quality of the Services requested through the use of the application or the Service 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. Any complaints about the Services provided by the Service Provider should therefore be submitted to the Service Provider.

6.INTELLECTUAL PROPERTY RIGHTS:

(Trademarks and Copyrights):

• • The Company is the sole owner and lawful licensee of all the rights to the website, 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 embodies 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 license holder as the case may be.

• • All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved. The information contained in this 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 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 are copyright of the Company except the third party content and link to third party website on our website.

• 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 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.

• You shall not

  (i) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the application in any way;

  (ii) modify or make derivative works based upon the 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 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 application, or (c) copy any ideas, features, functions or graphics of the 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 application.

7.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, and participate in promotions of third parties. These links take you off the website, and the application and are beyond the Company’s control.

• • During use of the website and the application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through a link on the website or through the application or Service. These links take you off the website, the application, and the Service and are beyond the Company’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. The Company is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

• • Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

• • By using our Services, You agree not only to be bound by our Terms and Conditions provided herein but also agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

8.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 application installed on your smartphone, thus disabling the use by you of the 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 the application or the Service. The Company is not obliged to give notice of the termination of the Contract in advance.

9.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.

10.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 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 to 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 services without notice or liability.

12.Assignment:

• • You may not assign your rights under these User Terms without the prior written approval of the Company.