Terms and Conditions (DIGIcab India)
Digicab Technology Pvt. Ltd.
Updated effective from 18th October, 2023
This Site/ Application/ Services is/are operated /provided
by Digicab Technology Pvt. Ltd.(“DIGIcab”).
These terms and conditions (“User Terms”) apply to Your
visit to and use of the Site whether through a computer or a mobile phone, the
Service and the Application, as well as to all information, recommendations and
or services provided to You on or through the Site, and the Application. This
document is an electronic record in terms of Information Technology Act, 2000
and rules thereunder as applicable and the 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.
By clicking on the “I ACCEPT” button or by using DIGIcab’s
services, You are acknowledging and consenting to be bound by these User Terms.
PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE
THE SITE. If You do not wish to accept any of the User Terms, then please do
not use the Site or avail any of the services being provided therein. YOUR
AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU
AND DIGICAB IN RESPECT OF THE USE AND SERVICES OF THE SITE. Your access and use
of the Services constitutes your agreement to be bound by these Terms, which
establishes a contractual relationship between you and DIGIcab. These Terms
expressly supersede prior agreements or arrangements with you. DIGIcab may
immediately terminate these Terms or any Services with respect to you, or
generally cease offering or deny access to the Services or any portion thereof,
at any time for any reason. Supplemental terms may apply to certain Services,
such as policies for a particular event, activity or promotion, and such
supplemental terms will be disclosed to you in connection with the applicable
Services. Supplemental terms are in addition to, and shall be deemed a part of,
the Terms for the purposes of the applicable Services.
Your acceptance of the User Terms shall be deemed to include
your acceptance of the privacy policy available at https://www.digicab.rentals/privac_Policy.
By accepting these User Terms, You also allow DIGIcab to send you promotional
emails and SMS alerts from time to time.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL
NOT APPLY TO CORPORATE ENTITIES WHO ARE GOVERNED BY THE DIGICAB CORPORATE TERMS
OF USE. HOWEVER, ALL AUTHORIZED USERS TAKING ‘DIGIcab CORPORATE RIDES’ I.E.,
FOR CUSTOMERS WHO ARE AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN
CORPORATE ENTITIES AND DIGIcab SHALL ALSO BE GOVERNED BY THESE USER TERMS.
1. DEFINITIONS
All of the defined and capitalized terms in these User Terms
will have the meaning assigned to them here below:
(i) “Account” shall mean the account created by the
Customer on the Application for availing the Services provided by DIGIcab.
(ii) “Additional Fee” shall mean any toll, duty,
inter-state taxes, etc. that may have been incurred in providing the Services
and payable to any third party / government authorities for undertaking the
Ride under Applicable Law.
(iii) “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.
(iv) “Application” shall mean the mobile application “DIGIcab
Cabs” updated by DIGIcab from time to time.
(v) “Convenience Fee”/” Access Fee” shall mean the fee
payable by the Customer to DIGIcab for the Service i.e., for availing value
added services including but not limited to technology services, door to door
service, customer support and cashless payment options. Convenience Fee may
also include any such fee that may be charged by third parties towards
providing access to a particular location such as airports, railway stations
etc.
(vi) “Cancellation Fee” shall mean a fee payable by
You, towards cancellation of a Ride or a booking as detailed in Clause 7 of
these User Terms and the Cancellation policy.
(vii) “City of Operation” shall mean a city in which
the Customers and Drivers avail and render the transportation services
respectively. For clarity, the services rendered by the Drivers and availed by
the Customers shall be in the same city.
(viii) “Customer/ You” means a person who has an
Account on the Application.
(ix) “Driver” shall mean and include such individuals
as may be evaluated, appointed and trained by an operator associated with us to
provide the transportation services and persons who are registered with DIGIcab
and own such Vehicles with necessary city taxi permits
and other applicable transport vehicle permits and licenses
to provide transportation services within the City of Operation.
(x) “E-Wallet” shall mean a pre-paid instrument, which
can be used to make payments. (xi) “Fare” shall mean such amount
payable by You in Indian Rupees, which is reflected on the Application, as the
fare payable towards the distance traveled and time taken for the specific
Ride. Fare may depend on several factors such as the availability of the
Driver(s) on the platform at the time, city and may also reflect the fares that
may have been stipulated by the respective Governments from time to time. It
may include components to reflect any promotions carried out by DIGIcab.
(xii) “Force Majeure Event” shall mean any event
arising due to any cause beyond the reasonable control of DIGIcab.
(xiii) “DIGIcab” or “us” or “we” or “our” shall mean DIGIcab
Technology Private Limited, a company incorporated under the provisions of the
Companies Act, 1956 and having its registered office at 323 , 10 biz park ,
viman Nagar , Pune - 411014 India, 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.
(xiv) “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 DIGIcab from the Customer from time to
time for registration on the Application.
(xv) “Ride” shall mean the travel in the Vehicle by the
Customer facilitated through the Site.
(xvi) “Service(s)” means the facilitation of the
services by DIGIcab through the Application or via a telephone request at the
call centre of DIGIcab, or booking on the Site.
(xvii) “Site” shall mean the Application and the
website https://www.digicab.rentals/ operated by DIGIcab or
any other software that enables the use of the Application or such other URL as
may be specifically provided by DIGIcab.
(xviii) “Substitute Vehicle” shall mean another vehicle
arranged for transporting the Customers to his/her destination, in the event of
a Vehicle breakdown.
(xix) “Peak charge” shall mean additional charge
applied in the situation where the demand is more than the available supply.
(xx) “Total Ride Fee” may comprise one or more of the
following components that shall be levied to the ride based on various
parameters including but not limited to distance travelled, time taken for the
ride, city in which the ride is hailed, time of the day, availability of
drivers nearby –
● Minimum fare
● Base fare
● Per kilometer fare (based on the total distance of
the ride)
● Per minute charges (based on the time taken to
complete the ride)
● Pre-wait charges (if any)
● Third party charges like insurance premium (if
applicable)
● peak charges (when applicable)*
● Past dues (if any); and
● Applicable taxes.
*Both fares and peak charges may vary on the basis of
various market dynamics such as cost of living, fuel pricing, vehicle
maintenance costs, interest rates, demand and supply situation, etc
(xxi) “T&Cs” and “User Terms” shall mean these
Customer terms and conditions.
(xxii) “TPSP” shall mean a third party service
provider.
(xxiii) “Vehicle” shall mean a motor cab as defined
under the Motor Vehicles Act,1988.
2. ELIGIBILITY
You will be “Eligible” to use the Services only when You fulfil
all of the following conditions:
(i) You have attained at least 18 (eighteen) years of age. (ii) You are
competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of
the Service because of age, or restricts the ability to enter into contracts
such as this User Terms due to age, You must abide by such age limits.
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 Clause
3 and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data
provided by You is accurate, complete, valid, 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 cannot 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 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.
3.5 Except for the Registration Data or any other data
submitted by You during the use of any other service offered through Site
(“Permitted Information”), DIGIcab does not want You to, and You should not,
send any confidential or proprietary information to DIGIcab on the Site or
otherwise, unless otherwise is required by Applicable Laws. In accepting these
User Terms You agree that any information or materials that You or individuals
acting on Your behalf provide to DIGIcab other than the Permitted Information
will not be considered confidential or proprietary.
3.6 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 should You be using the Service or
Application with an incompatible or unauthorized device.
3.7 You agree to comply with all applicable laws when
using the Services, and you may only use the Services for lawful purposes
(e.g., no transport of unlawful or hazardous materials). You will not, in your
use of the Services, cause nuisance, annoyance, inconvenience, or property
damage, whether to the Third Party Provider or any other party. In certain
instances, you may be asked to provide proof of identity to access or use the
Services, and you agree that you may be denied access to or use of the Services
if you refuse to provide proof of identity
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 support@digicab.rentals.
3.9 In case, You are unable to access Your Account,
please inform Us at support@digicab.rentals and make a written
request for blocking Your Account. We will not be liable for any unauthorised
transactions made through Your Account prior to the expiry of 72 (seventy-two)
hours after You have made a request in writing for blocking Your Account, and
shall not have any liability in case of Force Majeure Event.
4. SERVICES
The Services constitute a technology platform that enables
users of DIGIcab’s mobile applications or websites provided as part of the
Services (each, an “Application”) 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 DIGIcab (“Third Party
Providers”). YOU ACKNOWLEDGE THAT DIGICAB DOES NOT PROVIDE TRANSPORTATION OR
LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH
TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY
CONTRACTORS WHO ARE NOT EMPLOYED BY DIGIcab OR ANY OF ITS AFFILIATES.
4.1. The Services allows You to send a request through DIGIcab
to a Driver on the DIGIcab network. The Driver has sole and complete discretion
to accept or reject each request for Service. If the Driver accepts a request, DIGIcab
notifies You and provides information regarding the Driver- including Driver
name, Vehicle license number, telephone contact details of the Driver and such
other details as DIGIcab may determine.
4.2. DIGIcab shall procure reasonable efforts to bring
You into contact with a Driver, subject to the availability of Driver in or
around Your location at the moment of Your request for such services.
4.3. By using the Application or the Service, You
further agree that: (i) 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; (ii) You will not use an account that is subject to any rights of
a person other than You without appropriate authorization; (iii) You will not
use the Service or Site for unlawful purposes; (iv) You will not try to harm
the Service, Site or our network in any way whatsoever; (v) You will provide DIGIcab
with such information and documents which DIGIcab may reasonably request; (vi)
You will only use an authorized network to avail the Service; (vii) You are
aware that when requesting Services, whether by message, via Site or calling
the call center of DIGIcab, standard messaging charges, data charges, voice
charges, as applicable, of the Your and Our phone network service providers,
will apply; (viii) 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 (ix) You are aware of and shall
comply with the Information Technology Act, 2000 and the rules, regulations and
guidelines notied thereunder.
4.4. DIGIcab 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. Further, DIGIcab will store
the information provided by You or record your calls for contacting You for all
Service related matters. You shall promptly inform DIGIcab on any change in the
information provided by You.
4.5. DIGIcab or an authorized representative of DIGIcab,
shall provide information regarding services, discounts and promotions provided
by DIGIcab or a TPSP to You on the DIGIcab App or by way of an SMS or email to
Your registered mobile number/registered email ID. You also have the option to
discontinue receiving such information at any point of time. To discontinue
receiving such information, You may at any point of time visit the specific
link provided in the Site to discontinue the same.
4.6. DIGICAB WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR
INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR
INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN
ORDER TO PERFORM DIGIcab’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
4.7. You agree to grant DIGIcab a non-exclusive,
worldwide, perpetual, irrevocable, royalty free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database rights or
any other rights You have in your information, in any media now known or not
currently known, with respect to Your information. YOU AGREE AND PERMIT DIGIcab
TO
SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH
THIRD PARTIES.
4.8. You agree and permit DIGIcab to share any
information provided by You with third parties in order to facilitate provision
of certain value-added services offered by such third parties to You and/or to
provide certain value-added services to You by DIGIcab. You hereby expressly
consent to receive communications from DIGIcab / third parties offering
value-added services to You through Your registered phone number and/or e-mail
id and/or the Site. You agree that You will not hold DIGIcab responsible for
any such communications received from third parties, nor will any such
communication amount to spam, unsolicited communication or a viDIGIcabtion of
Your registration on the national do not call registry.
4.9. DIGIcab will be entitled to enter into any tie-up
in terms of joint-venture or otherwise with any other institution engaged in
the business of providing services analogous and/or similar to those herein
contained. In such case, depending upon the modality and the mechanism as may
be devised, You will be provided with the services by DIGIcab jointly and/or
severally with the party/ies in joint venture. You hereby give Your irrevocable
consent and permission to such a tie-up. In the event of such a tie-up, the
terms and conditions herein contained will, mutatis mutandis, become applicable
in respect of such tie-up arrangement also.
4.10. In the event DIGIcab provides You any device as a
part of the Services including but not limited to DIGICAB Play (“DIGICAB
Device”), You shall comply with the following. ‘DIGICAB Play’ means a connected
car platform using multiple devices in-car and cloud technology platform owned
and operated by DIGIcab, which endeavours to provide an interactive experience
to You – (i) You shall not tamper, pilfer or misuse the DIGICAB Device(s) or
allow, induce or assist a third party to indulge in such activity. (ii) You
shall not transcribe, distribute, download, store, duplicate and reproduce the
content forming part of the DIGICAB Device(s) (“Content”), in whole or in part,
through any medium including, but not limited to, tape, disc, hard disk,
computer system, or other electronic recording or transmission device. (iii)
You shall not (i) license, sublicense, sell, resell, transfer, assign,
distribute or otherwise commercially exploit or make available to any third
party, in any way, the DIGICAB Device(s) and/or any Content; (ii) modify or
make derivative works from the Content; (iii) create Internet “links” to the
Content or “frame” or “mirror” any Content on any other server or wireless or
internet based device; (iv) reverse engineer or access the DIGICAB Device(s)
and/or Content 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 DIGICAB Device(s) and/or Content, or (c) copy any ideas, features,
functions or graphics of the DIGICAB Device(s) and/or Content, 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 DIGICAB Device and/or
Content (iv) You shall not use the DIGICAB Device(s) for any illegal or
unlawful purposes including but not limited to playing / watching pornographic
content on the DIGICAB Device and shall use the DIGICAB Device(s) solely for
purposes determined by DIGIcab and strictly in accordance with these User
Terms. You shall solely be responsible and liable for any viDIGIcabtions of law
committed by You and misuse of the DIGICAB Device(s), if any, with the DIGICAB
Device(s). (v) You shall ensure that the DIGICAB Device(s) is maintained in
Your possession in a proper manner. DIGIcab may, at its sole discretion, charge
such amounts from You as may be determined by DIGIcab for use of the DIGICAB
Device(s) by You.
(vi) In the event the DIGICAB Device(s) is not functioning
properly or if there is any technical or safety issue in relation to the DIGICAB
Device(s), You shall immediately inform the Driver about any such issue. (vii)
You shall use the DIGICAB Device(s) with due care and caution and not do
anything or permit anything to be done that may cause damage to the DIGICAB
Device(s). If the DIGICAB Device(s) is damaged and is not repairable due to any
act of You, You shall pay amounts to DIGIcab, as may be determined by DIGIcab.
If You fail or are unable to pay the amounts determined by DIGIcab, DIGIcab
shall be entitled to suspend / terminate Your Account with DIGIcab without
prejudice to DIGIcab’s rights under these User Terms and under Applicable Laws.
4.11. In the event DIGIcab provides You any Vehicle for
testing as a part of the Services including but not limited to DIGICAB CARS (“DIGICAB
CARS”), You shall comply with the following: (i) You will ensure no damage is
caused to the Vehicle in the course of your use/ testing the same and the same
is returned in good condition; (ii) You agree that DIGIcab can charge you for
any such damage caused to the Vehicle while being used by You; (iii) You will
not use the test Vehicle only for the purpose of testing and shall not exceed
the predetermined time/ distance.
4.12. In the event of breakdown of the Vehicle, which
is beyond repair, before completion of the Ride, DIGIcab on a best effort basis
and at its sole discretion may arrange for a Substitute Vehicle for completion
of Your Ride to Your destination. However, the arrangement of Substitute
Vehicle shall be subject to its availability.
4.13. You acknowledge and agree that Substitute Vehicle
may not be necessarily of the same type as the original Vehicle booked by You
from the Site.
4.14. DIGIcab bears no responsibility and liability for
delays and losses suffered by You or caused to You as a consequence of the
breakdown of the Vehicle or the Substitute Vehicle.
5. CONFIRMATION OF BOOKING
5.1. DIGIcab shall, upon receiving the booking request from
You in the manner set out above, proceed to confirm or decline the booking
based on the availability of Vehicles at the pickup time and location , which
shall be informed to You vide the application or SMS or 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,
the same needs to be informed to us immediately by calling our call center.
5.2. Upon confirmation of booking, a One Time Pin (OTP)
shall be provided on the Application which shall be further shared by the
Customer with the Driver. In the event that the Customer does not provide OTP
to the Driver, Driver shall not be responsible for not starting on the
services.
5.3. You shall bear the consequences and damages for
any delay that may be caused to You due to Your failure to check the confirmation
message via the application, SMS or email or failure to inform DIGIcab of the
incorrect details immediately.
5.4. Certain selective customers will be eligible to
avail the Service under a ‘Guest Booking’ feature, provided by DIGIcab. Such
customers will also be bound by the terms and conditions set out herein.
6. PAYMENT
6.1. DIGIcab shall provide an estimate of the Total Ride Fee
to You at the beginning of every Ride. Such an estimate provided by DIGIcab
shall be subject to change on account of several factors and shall be different
to the actual Total Ride Fee levied at the end of ride. The Customer shall pay
the actual Total Ride fee shown at the end of the ride in accordance with terms
mentioned herein.
6.2. You understand and accept that the Total Ride Fee,
including the applicable taxes, shall be payable by You to DIGIcab immediately
upon completion of the Ride. Any difference arising at the end of the ride from
the estimate shall be payable by You to DIGIcab immediately upon completion of
the Ride.
Convenience Fee / Access Fee charged by DIGIcab towards the
value added services provided by DIGIcab, as part of the Ride or otherwise,
shall be determined and amended at the sole and absolute discretion of DIGIcab.
6.3. You understand and agree to pay such Additional
Fee, which will form part of the receipt of the Total Ride Fee.
6.4. You shall be required to pay such Cancellation Fee
in terms of Clause 7, which will form part of the receipt of the Total Ride
Fee.
6.5. DIGIcab shall provide a receipt of the Total Ride
Fee payable by You at the end of the Ride, however, invoices from DIGIcab,
Driver or TPSP shall be provided to You on request. You may raise a request for
a copy of the invoices from our Site.
6.6. You understand and agree to pay all applicable
taxes included as part of the Total Ride Fee.
6.7. You shall choose to pay the Total Ride Fee by the
modes of payment available to You by DIGIcab on the Site, in addition to Cash
payment to the Driver after the completion of the Ride.
6.8. You may choose to pay the Total Ride Fee payable by
You, in cash directly to the Driver upon completion of the Ride, only if the
chosen method of payment is Cash or in such other case the Application may
permit you to pay Cash.
6.9. You will be required to provide relevant payment
details including Credit Card / Debit Card / Net Banking details (“Card
Details”) to process payment of the Total Ride Fee and You authorize DIGIcab
and an entity authorized by DIGIcab for providing payment gateway/processor
services (“Payment Processor”) to access the Card details for processing
the payment of Total Ride Fee. In this respect, it is clarified that the
Payment Processor whose services are utilized for the purposes of the Site
and/or Application and/or Services shall be compliant with PCI-DSS (Payment
Card Industry – Data Security Standard) or such other standard notified by the
relevant authority from time to time. By using the services of the Payment
Processor, You understand and agree to the Terms and Conditions of the
Payment Processor as may be issued by the Payment Processor
from time to time. Your authorization-
• permits DIGIcab and the Payment Processor to debit or
credit the bank account or debit/credit card account associated with Your
payment details;
• permits DIGIcab and the Payment Processor to use Your Card
Details for the processing of transactions initiated by You by accessing you
account;
• subject to the prevalent laws, will remain in effect as
long as You maintain an Account (and if You delete Your Card Details or
Account, DIGICAB or the Payment Processor will not be able to process any
further transactions initiated by You); and
• is subject to any other terms and conditions of the
Payment Processor specified through the Application, SMS or other methods from
time to time.
6.10. DIGIcab offers You the facility of making an
online payment through an E-Wallet powered by a third party payment processor
(“Wallet Service Provider”). E-Wallet money will not be applicable on bookings
made through the phone or while the user is not logged into his/her Account on
the Site. The processing of payments, in connection with Your use of the
E-Wallet will be subject to the terms, conditions, and privacy policies of the
Wallet Service Provider that DIGIcab engages for the purpose. DIGIcab will not
be responsible for any errors by the Wallet Service Provider in any manner and
any dispute arising out of such errors shall be directly settled between You
and the Wallet Service Provider. Further, even in cases of E Wallet payments,
all Additional Fee (defined below) 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.
When You choose to make an E-Wallet payment, DIGIcab shall collect the Total
Ride Fare or any part of the Total Ride Fare on behalf of the Driver/ TPSP who
will be responsible for providing the such Services.
6.11. Payment for the Total Ride Fee can be made to DIGIcab
on credit subject to the terms provided at DIGIcab Credit TNC. Further,
even in cases of DIGIcab Credit payments, all Additional Fee 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. When You choose to make an DIGIcab Credit payment, DIGIcab
shall collect the Fare on behalf of the Driver/ TPSP who will be responsible
for providing the transportation services.
6.12. Any payment related issue, except when such issue is
due to an error or fault in the Site, shall be resolved between You and the
Payment Processor. DIGIcab shall not be responsible for any unauthorized use of
Your E-Wallet during or after availing the Services on the Site.
6.13. Subject to these Customer Terms, the Total Ride Fee
paid by You is final and non-refundable, unless otherwise determined by DIGICAB.
If any amount paid by You is fully or partially refundable for any reason, such
amounts will be refunded to You by DIGICAB to the same account from which the
payment was made or if the same could not be processed successfully then as
vouchers to be used in the Application. You may contact DIGICAB and/or its
Affiliates for any issues arising therefrom.
6.14. Any payment processing-related issue not caused by an
error or fault with the Application must be resolved by You and the relevant
Payment Processor.
6.15. You agree that use of certain Promo Codes/ Vouchers
may result in different charges for the same services and shall not have a
bearing on charges applied to You unless the Promo Codes have been specifically
made available to You.
6.16. In the event of a default or failure to pay the Total
Ride Fee for any reason by You: (i) DIGICAB may restrict You from booking a new
Ride through the Application until the outstanding Total Ride Fee in respect of
the previous Ride(s) has been paid by You; (ii) You agree and acknowledge that DIGICAB
shall recover any outstanding monies payable by You for Ride(s) in respect of
which Total Ride Fee has not been paid; and (iii) You will be responsible, and
must pay, for all costs incurred by DIGICAB (including costs for which DIGICAB
may be contingently liable) in any attempt to collect any monies owed by You to
DIGICAB’s Drivers under these Customer Terms including debt collection agent
costs, repossession costs, location search costs, process server costs and
solicitor costs on a solicitor/client basis.
7. CANCELLATION POLICY
7.1. DIGIcab will notify on the Application a
Cancellation fee upon cancellation of a Ride. You agree and acknowledge that
You may cancel Your request for Services at any point of time subject to a
Cancellation Fee which is explained at https://www.digicab.rentals/info/faqs#Cancellations. You
shall be notified of the applicable Cancellation Fee in advance whenever You
attempt to cancel a booking/service request. The notification shall be on the
Application and/or the Site. You understand and agree to pay such Cancellation
Fee as per the payment terms in Clause 6 of these Terms as part of the Total
Ride Fee of the subsequent Ride or pay such outstanding Cancellation Fee before
availing the subsequent Ride.
7.2. DIGIcab shall provide a receipt of the
Cancellation Fee, if any, payable by You for every cancellation in terms of the
table above for such cancellations, however, separate invoices raised by the
TPSPs for the Cancellation Fee, and DIGIcab for the Convenience Fee on
cancellations shall be provided to You on request. You may raise a request for
a copy of the invoices from the Support page.
7.3. The Cancellation Fee shall be payable by You
immediately upon levy. However, DIGIcab may, at its sole discretion, include
such Cancellation Fee payable by You as part of the Total Ride Fee payable from
Your subsequent Ride.
7.4. The mode of payment of the Cancellation Fee shall
be in terms of Clause 6 of these User Terms.
7.5. This Clause 7 shall not apply to corporate rides
availed pursuant to the terms and conditions.
8. USER VIDIGICABTION OF USER TERMS
8.1. You shall not smoke, drink or carry any contraband
substances in the Vehicles or misbehave with the Driver or distract the Driver
or act in viDIGIcabtion 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 us 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, and in such event, Your Account may be
terminated by DIGIcab.
9. CUSTOMER RELATIONSHIP MANAGEMENT
9.1. All issues, opinions, suggestions, questions and
feedback while availing our Services can be communicated to us via several
modes such as self serve app or website or email. After completion of the ride,
you are entitled to give a suitable rating for the service and ride. You agree
to be fair, accurate and non-disparaging while leaving comment, feedbacks,
testimonials or reviews on or about the Rides or Services.
9.2. Reporting of any issue needs to be within 30
(thirty) days of the happening of the issue, failing which, such issue will not
be addressed.
9.3. Any issue reported on channels other than the
above may be addressed by DIGIcab only on a best-effort basis. DIGIcab takes no
liability for inability to get back on other channels.
9.4. DIGIcab shall endeavor to respond to Your issues
within 2 (two) working days of Your reporting the same and endeavor to resolve
it at the earliest possible. It is hereby clarified that issues are resolved on
severity basis.
10. EMERGENCY SERVICES TO CUSTOMER
10.1 By accepting these User Terms and on pressing the
SOS button on the DIGIcab App, You consent to DIGIcab using its best endeavors
to provide You with assistance during a safety incident, emergencies or
distress, as per DIGIcab’s internal policies on emergency response. DIGIcab may
undertake remedial action(s), including, but not limited to the following:
10.1.1 When you press the SOS button and report a
safety incident, the DIGIcab representative may escalate the incident
internally or liaise with any third party security service providers to assist
You and/or deploy response teams to Your location.
10.1.2 DIGIcab may inform any government authorities,
such as the concerned police station, about the incident and seek their
assistance; DIGIcab may also provide such authority(ies) with your personal
information including but not limited to your exact GPS location, your
registered email ID and mobile number to enable them to take appropriate steps
to assist You.
10.1.3 DIGIcab may engage third party security
providers to assist You and DIGIcab in addressing the incident. For this
purpose, DIGIcab may share your personal information, including but not limited
to, your exact GPS location, your registered email ID and mobile number with
third parties such as a security services provider, to enable them to take
appropriate steps to assist You and solely to resolve the incident.
10.1.4 Further to the above, You may receive telephone
calls from an DIGIcab representative and/or the relevant response team at the
time of pressing the SOS button and in the duration that the incident is being
resolved, and the same shall not be construed as breach of TRAI guidelines, in
as much as these would be made for Your security and safety purposes.
10.2 Under this clause, You give Your express consent
to permit DIGIcab to undertake the above along with any ancillary actions that
may be required to facilitate an effective emergency response.
10.3 DIGIcab will not be liable for any deficiency of
service, provided to You under this clause on a best efforts basis, and this
clause does not, in any manner, restrain You from seeking any other form of
assistance from any other party.
11. FORCE MAJEURE
11.1 We shall not be liable for any failure to perform
any obligations under this User Terms, if the performance is prevented,
hindered or delayed by a Force Majeure Event and in such case our obligations
under this User Terms shall be suspended for so long as the Force Majeure Event
continues.
12. INDEMNIFICATION
12.1 By accepting these User Terms and using the
Service, You agree that You shall defend, indemnify and hold DIGIcab, its affiliates,
their licensors, 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 viDIGIcabtion or breach of any
term of these User Terms or any Applicable Law or regulation, whether or not
referenced herein; (b) Your viDIGIcabtion of any rights of any third party,
including the TPSPs or (c) Your use or misuse of the Application or Service.
13. LIABILITY
13.1. The information, recommendations and/or Services
provided to You on or through the Site, the Application and DIGIcab call center
are for general information purposes only and do not constitute advice. DIGIcab
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. DIGIcab shall not be liable for You missing
trains/flights/events or delays etc. as the Service is dependent on many
factors not in DIGIcab’s control. You must book Your Ride after taking into
account the check-in time, traffic and weather conditions, political rallies,
natural calamities, traffic barricades, car breakdowns and other unexpected
delays.
13.3. In the event, there is a delay by the Vehicle in
reaching the pickup location beyond 30 (thirty) minutes of the pickup time, DIGIcab
shall only endeavour to get You in touch with the Driver assigned for Your
Ride.
13.4. DIGIcab shall not be liable for any damages
resulting from the use of or inability to use the Site, including damages
caused by wrong usage of the Site, error in call center number, network issues,
malware, viruses or any incorrectness or incompleteness of the Information or
the or Application.
13.5. You shall take full responsibility of Your items
and luggage. In case of lost items inside the Vehicle during the journey, DIGIcab
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 DIGIcab of the same in writing within 24 (twenty
four) hours of using the Vehicle or the Services of DIGIcab.
13.6. DIGIcab shall not be responsible for any loss of
communication / information of status update and benefits. All this information
will be sent on mobile number and/or email ID registered with DIGIcab. DIGIcab
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.
13.7. IN NO EVENT SHALL DIGICAB 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 DIGICAB HAS BEEN ADVISED OF THE POSSIBILITY
THEREOF.
13.8. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIGICAB’s
AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR
THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED
THE AMOUNT OF Rs. 1000/-
(Rupees One Thousand only).
13.9. If Applicable Law does not permit the exclusion
of certain warranties or the limitation or exclusion of liability, the scope
and duration of such warranty exclusions and the extent of the liability of DIGIcab
shall be the minimum permitted under Applicable Law.
14. APPLICATION LICENSE
14.1. Subject to Your compliance with these User Terms,
DIGIcab grants You a limited, revocable, non-exclusive, non-transferable and
non-sub-licensable 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, reproduce, record, or make available to
the public 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 viDIGIcabtion of applicable laws; (ii)
send or store infringing, obscene, threatening, libelous, or otherwise unlawful
or tortious material, including material harmful to children or viDIGIcabtive
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. DIGIcab will have the right to investigate and
prosecute viDIGIcabtions of any of the above to the fullest extent of the law. DIGIcab
may involve and cooperate with law enforcement authorities in prosecuting users
who viDIGIcabte these User Terms. You acknowledge that DIGIcab has no
obligation to monitor Your access to or use of the Site, Service or Posted
Content, but has the right to do so for the purpose of operating the Site and
Service, to ensure Your compliance with these User Terms, or to comply with
Applicable Law or the order or requirement of a court, administrative agency or
other Governmental body. DIGIcab reserves the right, at any time and without
prior notice, to remove or disable access to any content that DIGIcab, at its
sole discretion, considers to be in viDIGIcabtion of these User Terms or
otherwise harmful to the Site, the Service or Application.
15. CONTENT POSTED BY CUSTOMERS
15.1. DIGIcab may 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
(“Posted Content”) by You. You represent that You have obtained all permissions
and consents required to post the Posted Content and such Posted Content
complies with all requirements of the Posted Content. DIGIcab shall not in any
manner be responsible for or endorse the Posted Content.
15.2. You agree that when posting Posted Content, You
will not:
(i) Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, blasphemous, pornographic, libelous, invasive of another's
privacy, hateful, or racially, ethnically objectionable, disparaging, relating
or encouraging money laundering or gambling, or otherwise unlawful material or
information.
(ii) 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.
(iii) Upload files that contain viruses,
corrupted files, or any other similar software or programs that may damage
the operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or
services for any business purpose, unless the Site specifically allows such
messages.
(v) Conduct or forward surveys, contests, pyramid
schemes or chain letters.
(vi) Download any file posted by another user that
You know, or reasonably should know, cannot be legally distributed in such
manner.
(vii) 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.
(viii) Deceive or mislead the addressee about the
origin of a message or communicate any information which is grossly offensive
or menacing in nature.
(ix) Restrict or inhibit any other user from using and
enjoying the Site.
(x) ViDIGIcabte any code of conduct or other guidelines
which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about
others, including e-mail addresses, without their consent. (xii) 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. (xiii) ViDIGIcabte any Applicable Laws or regulations
including the Information Technology Act, 2000 and the rules, regulations and
guidelines notified thereunder.
16. INTELLECTUAL PROPERTY OWNERSHIP
16.1. DIGIcab alone (and its licensors, where
applicable) shall own all right, title and interest, including all related
intellectual property rights, in and to (i) the Site, Application, product,
Service and any suggestions, ideas, enhancement requests, feedback, recommendations
or any other offering; (ii) text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and computer code; or
(iii) other information provided by You or any other party relating to the
Site, Application or the Service. 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.
16.2. These User 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 DIGIcab.
You shall be solely responsible for any viDIGIcabtions of any laws and for any
infringements of any intellectual property rights caused by use of the Services
or the Site/ Application.
16.3. You may use information on the Site purposely
made available by DIGIcab for downloading from the Site, provided that You:
(i) do not remove any proprietary notice language in all
copies of such documents and make no modifications to the information; (ii) 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 (iii) do not make any additional representations or
warranties relating to such information.
17. LINKS
17.1. If permitted by DIGIcab, 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 Us. You must not use on Your site or
in any other manner any DIGIcab trademarks or service marks or any Content
belonging to DIGIcab 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 OF LICENSE AGREEMENT
18.1. Unless terminated explicitly, the agreement
between DIGIcab and You is perpetual in nature upon downloading the Application
and for each Service booked through the Site.
18.2. You are entitled to terminate the agreement at
all times by deletion of Your Account, thus disabling the use by You of the
Site. You can close Your Account at any time by following the instructions on
the Site.
18.3. DIGIcab 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) viDIGIcabte or breach any term of these User Terms, or (b)
in the opinion of DIGIcab, misuse the Application or the Service. DIGIcab is
not obliged to give notice of the termination of the agreement in advance.
After termination DIGIcab will give notice thereof in accordance with these
User Terms.
18.4. Termination of this agreement will not prejudice
accrued rights of either DIGIcab or You.
18.5. Clauses 11 (Indemnification), 12 (Liability), 13
(Application License), 14 (Contents posted on Site/ Application), 15
(Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and
24 (Applicable Law and Dispute Resolution) and such other provisions which are intended
to survive the termination, shall survive the expiry/termination of these User
Terms in accordance with their terms.
19. INVALIDITY OF ONE OR MORE PROVISIONS
19.1. 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, 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 User Terms.
20. CONFLICT
In the event of any contradiction or inconsistency between
this User Terms and any other agreement executed between You and DIGIcab, the
terms of the User 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 User Terms.
21. DISCLAIMER
21.1. You agree that DIGIcab is merely an electronic
platform to facilitate aggregation of Vehicles and does not in any manner
provide transportation services. DIGIcab does not endorse, advertise, advise or
recommend You to avail the Services of any Driver. DIGIcab 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 shall not rely on any statement of warranty as a warranty by
Us.
21.3. DIGIcab 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 DIGIcab or any other person's negligence or otherwise).
21.4. This Site, Application and all content on the
Site and the Application are provided on an “as is” basis without warranties of
any kind, either express or implied, including without limitation warranties of
title or implied warranties of merchantability or fitness for a particular
purpose. You acknowledge, by Your access of the Site and/or Application, that
Your access of the Site and/or Application and availing of Services is at Your
sole risk, that You assume full responsibility for Your access and use of the
Site and/or Application, and that DIGIcab shall not be liable for any damages
of any kind related to Your access and use of this Site and/or Application.
21.5. 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.
21.6. DIGIcab is not engaged in the insurance business
and does not provide any insurance services. DIGIcab has facilitated provision
of insurance services for the benefit of Customers, under group travel
insurance policies availed from insurance companies, whereby DIGIcab is acting
as the group manager of the policy. DIGIcab does not guarantee or make any
promise in relation to the insurance policy/ insurance company, including but
not limited to any benefits from use of the insurance services provided by the
insurance companies, such as coverage, claims and settlements. Any claim or
servicing of insurance policies, raised through the Application, remains a
matter between the Customer and the insurance company, and DIGIcab shall not be
responsible for the actions of the insurance company or the Customer. It is to
be noted that the insurance policy number, claim certificate, invoice for the
insurance premium/ fee collected from the Customer is not be issued by DIGIcab,
but will be issued by the respective insurance company. Any issues in receiving
tax invoices or issues faced in claiming the insurance are not the
responsibility of DIGIcab. DIGIcab disclaims all and all liability in relation
to the services of the insurance company. Please reach out to the insurance
company in case of any questions/ issues.
22. MODIFICATION OF THE SERVICE AND USER TERMS
22.1. DIGIcab reserves the right, at its sole
discretion, to modify or replace, in part or full, any of these User Terms, or
change, suspend, block, discontinue or restrict your use to all or any feature
of the Service or Application at any time.
22.2. DIGIcab shall not be required to notify You of
any changes made to these User Terms. The revised User Terms shall be made
available on the Site. You are requested to regularly visit the Site to view
the most current User Terms. You can determine when DIGIcab last modified the
User Terms by referring to the “Last Updated” legend above. It shall be Your
responsibility to check these User Terms periodically for changes. DIGIcab may
require You to provide Your consent to the updated User Terms in a specified
manner prior to any further use of the Site and the Services. If no such
separate consent is sought, Your continued use of the Site, following the
changes to the User Terms, will constitute Your acceptance of those changes.
Your use of the Site and the Services is subject to the most current version of
the User Terms made available on the Site at the time of such use.
23. NOTICE
23.1. DIGIcab 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 DIGIcab’s
account information.
23.2. In case any query or complaint is unresolved
or if you did not receive a satisfactory response from the 24*7 support, you
can escalate the matter to our Grievance Officer
by sharing the details of the complaint ticket created:
Details of the Grievance/Nodal officer
Jagadish
323 , 10 biz park , viman Nagar , Pune - 411014
email id : digicab.rentals@gmail.com
Phone: +91 9546731489
24. ASSIGNMENT
24.1. You shall not assign Your rights under these User
Terms without prior written approval of DIGIcab. DIGIcab can assign its rights
under the User Terms to any affiliate.
25. APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any
dispute, claim or controversy arising out of or relating to these User Terms or
the breach, termination, enforcement, interpretation or validity thereof or the
use of the Site, the Service or the Application (collectively, “Disputes”) the
parties shall attempt to settle the same amicably, through negotiation and
consultation at such offices of DIGIcab as DIGIcab may designate. In the event
the dispute is not resolved internally between after at least 30 (thirty) days
of negotiation, in good faith, the same shall be subject to binding and final
arbitration in accordance with the Arbitration and Conciliation Act, 1996 as
amended from time to time or in case the Arbitration and Conciliation Act, 1996
is no longer in force, as per any law relating to arbitration in force at the
time of such reference. The reference shall be made to a sole arbitrator
mutually appointed by DIGIcab and You. The place of the arbitration shall be
Bengaluru, Karnataka, unless otherwise mutually agreed by DIGIcab and You in
writing. Subject to the above, any Dispute will be subject to the exclusive
jurisdiction of courts in Pune, India.