When you use our services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR WEBSITE.
- ‘Vehicle’ shall mean any vehicle / cab / taxi to be provided to the Customer for performance of the Services whether it is owned by the Company or the third party vehicle that is Associated with the Company
- ‘Company’ shall hereinafter individually and collectively mean Happy Ride Transportation Services LLP. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agents, etc.
- ‘Customer’ or ‘You’ shall mean any person availing 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, 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 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 You.
- ‘You’ or ‘User’ shall mean and includes but is not limited to, all the Customers visiting the official website of the Company or downloading the Mobile Application for availing the Services.
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.
3. REGISTRATION AND ACCOUNT
3.1 You understand and acknowledge that You can register on the Site or on the application only after agreeing with the terms and conditions mentioned here in and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and 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 The Company reserve’s it’s 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 that we may find just or equitable.
3.5 It is Your responsibility to check to ensure that You download the correct application for Your device. The Company is 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.
3.6 You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes; or to cause nuisance, annoyance or inconvenience; You further undertake not to impair the proper operation of the network or to try to harm Application in any way whatsoever;
And also not copy, or distribute the Application or other Company Content without written permission from Company; The Company reserves the right to immediately terminate use of the Application should you not comply with the any of the above rules.
3.7 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 ___________________
3.8 In case, You are unable to access Your Account, please inform Us at _______ 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. PROCEDURE FOR AVAILING THE SERVICES OF THE COMPANY/BOOKING A CAB:
- In order to avail the Services of the Company, download and install the mobile application on Anroid, iPhone or any other smart phone; some selective user accounts would also be allowed to use website login. These selective user accounts would be independent of the mobile application and only available for the website.
- The Site/Application permits You to avail the multiple services offered by the Company. You can use the application to book a cab owned by the company or book any cab on the road that is associated with the Company.
- The Services allows You to send a request through the Happy Ride Application to a Driver on the Happy Ride network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, the company notifies You and provides information regarding the Driver – including Driver name, Vehicle license number, telephone contact details of the Driver and such other details.
- The Company 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.
- The Company shall be entitled at any time without giving any reason or prior notice to terminate or cancel Your booking.
- 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 the Company with such information and documents which the company 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 the Company , 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 notified thereunder.
The Company 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. Furthermore, The Company shall be entitled at any time without giving any reason or prior notice to terminate or cancel Your booking.
5. OBLIGATIONS OF THE CUSTOMERS:
5.1 You authorize the company to access your location in order to identify and arrange the nearest available cab for you.
5.2 You acknowledge that the your movement will be tracked by the company for security reasons. Additionally , this will also ensure ‘SOS’ functionality which could be used in case of emergency and when on road assistance is required by You.
5.3 The Company encourages You to take full responsibility of your items. In case of lost items inside the Cabs during the journey, the Company will try to locate the items on a “best-effort” basis but the Company will not responsible for the same in case of loss or damage to the same.
- If You leave any goods in the Cab or has any complaint in respect of the Services
or the use of the Cab, the Customer has to inform the Company of the same in writing within 24 hours of using the Cab or the Services of the Company.
- You agree and acknowledge that the use of the services offered by the Company is at your sole risk and that the Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes.
Without prejudice to the above, the Company makes no representation or warranties that: -the service will meet your requirements; -the service will be uninterrupted, timely, secure, or error-free.
- You authorize the Company to send you various communication including service messages, offers, promotions, and other promotional communication through various media channels, such as calls, messages, e-mails, social media and notifications in relation to the Company’s services.
- The Company or an authorised representative of the company, shall provide information regarding services, discounts and promotions provided by the Company 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.
- The Company may offer special deals, discounts etc from time to time and these offers may be provided to You by way of promo code; in that case You undertake that You solely will be using the code and will not share the same with someone else.
- The Company will be entitled to access the information from Your account including your travel history and can use the said information for any purpose including but not limited to Market analysis and Research and Development.
- You agree and permit the Company 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 the Company. You hereby expressly consent to receive communications from the Company/ 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 the Company responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
- In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, the Company 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.
- 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.
- The Company 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.
6. CONFIRMATION OF BOOKING
6.1. The Company 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, which shall be informed to You vide an 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.
6.2. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform the Company of the incorrect details immediately.
7. Charges and Payment:
7.1.You shall be required to pay trip charges for the Service and the rates can be found on the website and mobile application or such other booking platform 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.
7.2 You agree that the trip charges shall include the trip fare and any additional charges levied by the Company which includes waiting 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 toll charges will be payable by you as applicable, only when the Cab crosses the toll post.
7.3 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. Any payment made is non-refundable. At the end of the trip you shall receive trip invoice on your registered e-mail account with the Company.
7.4 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 solely as per Your wish or Your experience 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 tip is not taxable and no receipt to that effect will be provided, also the same is non-refundable.
7.5 The Company does not have any wallet system in the application and such facility is not provided by the company.
7.6 You agree that you will pay for all Services you avail from the Company either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants. 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. The processing of payments or credits, as applicable, in connection with your use of the application and Service will be subject to the terms, conditions and privacy policies of the payment processor and your credit card issuer in addition to these Standard Terms and Conditions.
7.7 The Company is not responsible for any errors by the payment processor. In connection with your use of the Service, the Company will obtain certain transaction details, which Company will use solely in accordance with its Privacy and Cookie Notice.
8.1 By accepting these User Terms and using the services of the company , you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via the Application, or (c) Your use or misuse of the Application or Website.
9. Prohibitions at the time of the Ride
9.1 You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation 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 the Company.
10. Cancellation of the Ride
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.
12.1 The information, recommendations provided to you on or through the website, or the application is for general information purposes only and does not constitute advice. The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that (the contents of) the website and/or application are free of errors, defects, malware and viruses or that the website and/or application are correct, up to date and accurate.
12.2 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.
12.3 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.
12.4 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, behaviour, 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.
13. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights):
13.1 The Company is the sole owner and lawful licensee of all the rights to the web site, mobile application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, mobile application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor’s as the case may be. All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site 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 web site is 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, sublicense, 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.
14. Invalidity of one or more provisions:
14.1The 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.
15. TERM AND TERMINATION OF LICENSE AGREEMENT
15.1. Unless terminated explicitly, the agreement between the Company and You is perpetual in nature upon downloading the Application and for each Service booked through the Site.
15.2. 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.
15.3. The Company 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) 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 agreement in advance. After termination the Company will give notice thereof in accordance with these User Terms.
15.4. Termination of this agreement will not prejudice accrued rights of either the Company or You.
15.5. Clauses 8 (Indemnification), 12 (Liability), 13 (Intellectual Property Ownership), 15 (Term and Termination), 19 (Notice) and 17 (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.
16.Privacy and Cookie Notice:
The Company collects and processes the personal data of the visitors of the website and users of the application according to the Privacy and Cookie Notice
17.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 notice through the Service, application or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
18. Applicable Law and Dispute Resolution
The Courts of _____________ India shall have the sole and exclusive jurisdiction in respect of any matters arising from the Use of the Services offered by the Company or the agreement or arrangement between the Company and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date, after which You shall have no rights to raise any claim against the Company.
The Company may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to your address on record in Company’s account information or via SMS/watsapp to your registered Mobile number with the Company..
20.1 The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at __________________ or on the date that the Company may indicate that such addition, variation or amendment is to come into effect.
20.2 The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
The Customer who seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the Company’s partner, then the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the said Service Provider, being the provider of the said Services, benefits, facilities or arrangements.
20.3 The Company provides links to third party website as a convenience to the Customers or as an advertisement and the Company does not have any control over such sites i.e. content and resources provided by them. The Company recommends reading such site’s terms and conditions and/or privacy policies before using such sites.
20.4 This web site ____________________ is published and maintained by the Company access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and the Customers.
20.5 You authorize the Company to send various communication including service messages, offers, promotions, and other promotional communication through various media channels, such as calls, messages, e-mails, social media and notifications in relation to the Company’s services.