TERMS AND CONDITIONS
MAPCABS (www.mapcabs.in) is an application developed and maintained by MAP CABS PRIVATE LIMITED. MAPCABS enables the user to engage the outstation and local cab services (“MAPCABS” or “MAPCABS App”). Please read these terms of the User Agreement (as defined below) carefully before downloading and /or using the services of MAPCABS on any of its user interface channels.
This User Agreement incorporates the terms and conditions for MAP CABS Private Limited (“MAPCABS”) to provide services to the person(s) (the “User") intending to avail, subscribe to or inquire for any services of MAPCABS by using the app, websites or using any other user interface channels of MAPCABS which includes but is not limited to the MAPCABS App (www.mapcabs.in) , an application developed and maintained by MAPCABS.
MAPCABS, through its MAPCABS App and other user interface channels enables the User to check the accessibility and connect with End Service Provider to engage the services of said End Service Provider registered with MAPCABS, on an hourly basis, Hourly basis car rental service, within city limits and outstation car rental services. The service is designed to offer the User a means of connecting with the End Service Provider to engage car rental services at the User’s request (“Services”).
End Service Provider shall mean Vendors / Partners registered with MAPCABS.
REGISTRATION AND SCOPE OF SERVICE
- To use the Services, the User is required to register and provide certain personal information including without limitation, name, contact number and email address.
- The User expressly undertakes to provide to MAPCABS only correct and valid information while requesting for any Services under this User Agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this User Agreement and shall disentitle the User from availing the Services from MAPCABS.
- In the event MAPCABS discovers or has reasons to believe at any time during or after receiving a request for Services from the User, that the request for Services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, MAPCABS in its sole discretion shall have the unrestricted right (without prejudice to other rights available under applicable law) to take any steps against the User(s), including cancellation of the bookings without any prior intimation to the User. In such an event, MAPCABS shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of Services.
- The User unequivocally indemnifies and keeps indemnified MAPCABS of any such claim or liability and shall not hold MAPCABS responsible for any loss or damage arising out of measures taken by MAPCABS for safeguarding its own interest and that of its genuine Users. This would also include but not be limited to MAPCABS denying/cancelling any bookings on account of suspected fraud transactions.
- MAPCABS or the End Service Provider has the right to refuse the Service in the following circumstances:
- if the User or any other passenger is found to be in an intoxicated state or is found misbehaving with other passengers or the End Service Provider, or is causing nuisance;
- if the User asks the End Service Provider to break any laws or rules including without limitation traffic and road transport rules for any purpose. The End Service Provider has the right to refuse such a request by the User and immediately terminate his Service
In the event the Services are refused or terminated due to the above reasons, the End Service Provider and MAPCABS are nevertheless entitled to the full fee or charges decided.
- MAPCABS offers are subject to MAPCABS discretion and may be changed or revoked at any time without notice
- The User is required to make a request for booking of the Service minimum two (2) hours prior to the time of the journey. Bookings made within the two (2) hour deadline shall not be entertained.
- The User shall engage the End Service Provider for a minimum duration of one (1) hour. The User may request an extension of said duration, subject to the End Service Provider’s availability. The End Service Provider has the option of accepting or rejecting the request for extension of duration of service.
RESPONSIBILITIES OF THE USER
- The Users availing Services from MAPCABS shall be deemed to have read, understood and expressly accepted the terms and conditions of this User Agreement, which shall govern the desired transaction or provision of such Services by MAPCABS for all purposes, and shall be binding on the User. All rights and liabilities of the User and / or MAPCABS with respect to any Services to be provided by MAPCABS shall be restricted to the scope of this User Agreement.
- Further it is the User’s responsibility to review these Terms and Conditions from time to time. If the User continues to use the Service after notice of change has been intimated or published on MAPCABS Website/Application, the User is thereby considered to have provided unequivocal consent to the changed terms hereof.
- MAPCABS's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this User Agreement as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this User Agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not avail MAPCABS’s Services.
- While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account. The User will be fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify MAPCABS immediately in writing of any unauthorized use of their password or account or any other breach of security. MAPCABS will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
- The User shall be responsible for verifying the identity of the End Service Provider by examining the End Service Provider’s official Driving license and government issued identity proof. The User shall also be responsible to check their validity.
- The Vendor / Partner is solely responsible for any and all liability which results from or is alleged as a result of the condition of the User vehicle and legal compliance, including without limitation for personal injuries, death and property damages which results from the condition of the Vendor / Partner Vehicle.
- Further the Vendor / Partner shall be solely responsible for the full functionality of the Vendor / Partner vehicle. In the event the Vendor / Partner vehicle fails to function due to any reason including without limitation electrical, mechanical or other, in any way while the Services are being availed of by the User, the Vendor / Partner will be responsible for all roadside assistance, towing, storage, alternate transportation and repair of any kind and neither MAPCABS nor the End Service Provider shall be responsible in any manner whatsoever
RESPONSIBILITIES OF MAPCABS
- MAPCABS has sole and complete discretion to accept or reject each request for providing the Service. If MAPCABS accepts a request, MAPCABS will confirm the booking and notify the User with information regarding the End Service Provider including his name and the contact details of the End Service Provider to connect using telephone.
- MAPCABS shall, subject to the availability of the End Service Provider at the User location, at the time of request for the Services, undertake commercially reasonable efforts to connect the User with an End Service Provider in order to avail the Services.
- The cars displayed on the Site may not be available for you in your particular locality. The cabs displayed in the Site is subject to availability.
- In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, MAPCABS is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
CHARGES AND FEES
- MAPCABS reserves the right to charge an additional transaction fees based on certain extended or completed transactions using the Services. MAPCABS further reserves the right to alter any and all fees from time to time, without notice.
- In the event there has been any short charging by MAPCABS or End Service Provider for Services or transaction fee or any other fee or service because of any technical or other reason, MAPCABS reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
- Any increase in the price charged by either MAPCABS or the End Service Provider on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by the User.
- Greater than 24 hours from the scheduled pick up time we will not charge any cancellation fee
- 4-24 hours, 50% cancellation fee on advance deposit
- Within 4hours 100% cancellation fee on advance deposit
SAFTEY OF DATA AND DOWNLOAD
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of MAPCABS is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. Further the User accepts that it is the User’s responsibility to download, install or ensure the user interface channel used belongs to MAPCABS and not other entity. MAPCABS is not in any way responsible to the wrong download, installation or use of wrong user interface by the User.
The User agrees and accepts that the End Service Provider is under contractual agreements with MAPCABS for the purpose of Service and therefore are not to be contacted directly by the Users. Further the User hereby agrees not, directly or indirectly solicit, employ or in any way procure the services of the End Service Provider either on a permanent or temporary basis without the written consent of the MAPCABS.
COMMUNICATION BY MAPCABS
- The User agrees that MAPCABS may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or e-mail or by voice call on the contact number given by the User at the time of booking.
- The User also agrees that MAPCABS may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same.
- The User hereby unconditionally consents that such communications via SMS and e-mail or voice call by MAPCABS
- Upon the request and authorization of the User
- ‘Transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad
- The User agrees to indemnify and keep indemnified MAPCABS against all types of losses and damages incurred by MAPCABS due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on MAPCABS with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
INTELLECTUAL PROPERTY RIGHTS
- The ownership of all Intellectual Property rights relating to the MAPCABS App, including but not limited to software application, codes, or any part or parts thereof, and documentation thereof shall vest solely with MAPCABS. The User agrees and undertakes that the User shall not do the following:
- Reverse engineer, decompile, translate, adapt, vary or modify the MAPCABS App including but not limited to the software application in any manner. For the sake of clarification reverse engineer shall include taking apart the software to see how it works in order to duplicate or enhance the object;
- Copy or reproduce the MAPCABS App including but not limited to the software application or any part thereof it, to which it might be granted any access or right to use by MAPCABS
- In any other way using or misusing the MAPCABS App for purpose/ purposes other than as envisaged under this User Agreement.
LIMITATION OF LAIBILITY
- The maximum liability on part of MAPCABS arising under any circumstances, in respect of any Services offered on the site, shall be limited to the total amount received from the User for availing the Services, less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond INR 1000/.
- Neither MAPCABS and/or its End Service Providers shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, but not limited to, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the MAPCABS App, website or any other user interface channel.
- MAPCABS shall not be responsible for the delay or inability to use the MAPCABS App, websites or related services.
- MAPCABS shall not be responsible for failure to provide Services, or for any information, software, products, services and related graphics obtained through the MAPCABS App, website, or otherwise arising out of the use of the MAPCABS App, website, whether based on contract, tort, negligence, strict liability or otherwise.
- MAPCABS shall not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked apps or website pages.
The User agrees to indemnify, defend and hold harmless MAPCABS from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MAPCABS that arise out of, result from, or may be payable by virtue of, any breach by the User that arises out of or in relation to the Terms stated herein.
MAPCABS reserves the right to suspend or terminate the User’s use of MAPCABS App or other user interface if it believes, in its sole discretion that the User may have breached, infringed or violated any terms and conditions under this User Agreement.
Further, MAPCABS reserves the right to suspend or terminate any of its services at will, for any reason whatsoever without prior notice to the User.
Unless explicitly provided by MAPCABS in any specific service or deliverable, obtaining sufficient insurance coverage is the sole obligation of the User and MAPCABS doesn't accept any claims arising out of such scenarios.
COVENANTS, REPRESENTATIONS AND WARRANTY
- The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
- The User warrants that the User will abide by all additional procedures and guidelines, as modified from time to time, in connection with the use of the Services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the Services with respect to the jurisdiction concerned for each transaction.
- The User represents and warrants that the User has complied with the requirements of the Indian Motor Vehicles Act, 1988 and the respective State rules. The User further represents and warrants that the vehicle the User wishes the End Service Provider to operate is duly registered as a private vehicle and not a commercial vehicle.
- Further the User covenants that in the event of a motor vehicle accident in connection with the use of Service, the cars displayed on the Site may not be available for you in your particular locality. The cabs displayed in the Site is subject to availability.
- Vendor / Partner will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the End Service Provider, the User will be solely responsible for all consequences arising out of the use of the Service or the End Service Provider. In any event MAPCABSy shall have no responsibility or liability on this account whatsoever.
- The User specifically authorize MAPCABS to collect, store or otherwise use the User’s ‘Sensitive personal data or information’ as defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011in order to provide the Services.
- MAPCABS agrees to take all reasonable steps to prevent internet fraud and ensure any data collected from the User is stored as securely and safely as possible. However, MAPCABS shall not be held liable in the unlikely event of a breach in MAPCABS secure computer servers or those of third parties.
- The information on the MAPCABS App and or other user interface is provided on an “as is” basis and the User agrees and accepts that the use of the Services provided by MAPCABS is at the sole risk of the User, and further acknowledges that MAPCABS disclaims all representations and warranties of any kind, whether express or implied. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users.
- In no event shall MAPCABS be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service.
- Without prejudice to the above, MAPCABS makes no representation or warranty that the Services will meet the User’s requirements and/or the Services will be uninterrupted, timely, secure, or error-free.
- MAPCABS disclaims all responsibility for any delays that cause the User to miss any engagements including without limitation, meetings, engagements, trains, flights or buses. MAPCABS will not be liable to pay for any loss, damages or compensation caused by such delays.
- MAPCABS only acts as intermediary between the End Service Provider and the User. MAPCABS disclaims any and all liability in respect of the End Service Provider including any claims of employment or any vicarious liability arising out of the Service or otherwise.
- MAPCABS takes reasonable steps to keep the MAPCABS App and other user interface and its contents correct and up to date, however, MAPCABS disclaims any guarantee that the contents are free of errors, defects, malware and viruses or that the information on the MAPCABS App and other user interface channels are correct, up to date and or accurate.
- MAPCABS shall not be liable for any damages resulting from the use of, or inability to use, the MAPCABS App, including without limitation 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, damages caused by malware, viruses or any incorrectness or incompleteness of the information on the MAPCABS App or other user interface.
- Although MAPCABS may include links or access to external links and web pages, MAPCABS is not responsible for the accuracy or the content of the information that is contained in the sites/apps. Links from MAPCABS to third party sites/apps do not constitute an endorsement by MAPCABS of the parties or their products and services. The appearance of the information of these third parties does not constitute an endorsement by MAPCABS.
- MAPCABS is responsible only for linking of the User and the End Service Provider that are done through the use of its MAPCABS App or other user interface, by the User. MAPCABS will not be responsible for the quality of service provided by the End Service Provider, his acts, actions, behaviour, conduct, and/or negligence, screening, safety or otherwise controlling transactions, including whether the transaction between the User and the End Service Provider is legal and valid as per the laws of the land of the User.
- MAPCABS is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked app or website pages. MAPCABS does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- MAPCABS reserves the right, in its sole discretion, to terminate the access to any or all MAPCABS App, websites or its other sales channels and the related Services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
We reserve the right to revise the terms in this User Agreement from time-to-time. The revised terms will apply to the use of MAPCABS App and other user interface from the date of the publication of the revised User Agreement on MAPCABS App or on its other user interface. Please check this User Agreement regularly to ensure the User is familiar with the current version.
- MAPCABS shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at routes, roads, highways, transporters end.
- The User agrees that there can be exceptional circumstances where the End Service Providers may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, etc. If MAPCABS is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its Users. The User agrees that MAPCABS being facilitator of the booking services shall not be responsible for any such circumstances and the Users have to contact the said End Service Provider directly for any further resolutions and refunds
- Without prejudice to the above, MAPCABS makes no representation or warranty that the Services will meet the User’s requirements and/or the Services will be uninterrupted, timely, secure, or error-free.
- The User agrees that in situations due to any technical or other failure in MAPCABS, Services committed earlier may not be provided or may involve substantial modification. In such cases, MAPCABS shall refund the entire amount received in advance from the User for availing such Services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of MAPCABS against such non-provision of Services or deficiencies. Additional liabilities, if any, shall be borne by the User.
This User Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
If any dispute, controversy or claim among the User and MAPCABS arises out of or in connection with this User Agreement, including the breach, termination or invalidity hereof (“Dispute”), the parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other parties notice that a Dispute has arisen (a “Dispute Notice”) and the parties mutually agree that any dispute, controversy or claim arising out of or relating to this contract shall first be referred to mediation at the Centre for Advance Mediation Practice (CAMP- www.campmediation.in) under the CAMP Rules of Mediation, 2015 as may be modified or revised from time to time. In the event the Parties are unable to resolve such dispute(s) within three (3) months of commencement of the mediation, which time limit is extendable by mutual agreement, then the Parties agree that the dispute(s) will be submitted for resolution to binding arbitration in accordance with the rules of The Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be Bengaluru. The language of the arbitration shall be English. No party may commence any court proceedings or arbitration in relation to any dispute arising out of this User Agreement until it has attempted to settle the dispute through mediation. The Parties shall bear their own legal and other costs and expenses necessary to the Dispute, which has been submitted to arbitration in accordance with this Clause, without prejudice to the arbitrator’s right to award costs or require any party to the arbitration to pay the costs and expenses of another party thereto. Any arbitration proceedings hereunder shall be conducted on a confidential basis. Subject to the foregoing, the courts at Bangalore shall have exclusive jurisdiction.