Terms & Conditions - Cabcaro Rides

Cabcaro Rides and its affiliates/group companies are the authors and publishers of the internet resource Cabcaro Rides (the "Website").

The Website includes content, design, layout, and look and feel that are all owned by Cabcaro Rides. You may not use the Website or any of its content without the express written permission of Cabcaro Rides.

By using the Website, you agree to the following terms and conditions:

You will not use the Website for any illegal or unauthorized purpose.
You will not interfere with the operation of the Website or its servers.
You will not post any content on the Website that is offensive, defamatory, or otherwise harmful.
You will not represent or imply that you have any affiliation with Cabcaro Rides other than that which is expressly set forth in these terms and conditions.

Cabcaro Rides reserves the right to terminate your access to the Website at any time for any reason.

1. NATURE AND APPLICABILITY OF TERMS

These terms and conditions (the "Agreement") govern your use of the Cabcaro Rides website (the "Website") and the services offered on the Website (the "Services"). By using the Website or the Services, you agree to be bound by this Agreement.

The Agreement applies to all users of the Website, including but not limited to:

Auto rickshaw drivers who are listed on the Website.
Passengers who book rides on the Website.
Any other user of the Website.

The Services offered on the Website include:

Listing of auto rickshaw drivers and their profiles and contact details
The ability to create and maintain a "Ride Account"
The ability to search for auto rickshaws by location and availability
The ability to book rides with auto rickshaw drivers
The Services may change from time to time at the discretion of Cabcaro Rides.

By using the Website or the Services, you agree to:

Abide by all of the terms and conditions of this Agreement
Provide accurate and up-to-date information about yourself
Not use the Website or the Services for any illegal or unauthorized purpose
Not infringe the intellectual property rights of others
Not post any content on the Website that is offensive, defamatory, or otherwise harmful

Cabcaro Rides reserves the right to modify or terminate any portion of this Agreement at any time. If you do not agree to any modification to this Agreement, you must cease using the Website and the Services.

This Agreement is governed by the laws of India. Any dispute arising out of this Agreement will be resolved in the courts of India.

2. CONDITIONS OF USE

You must be at least 18 years old to use Cabcaro Rides. By registering, visiting, or using the Website, you are representing and warranting that you are at least 18 years old and that you have the right, authority, and capacity to use the Website and the Services available through the Website. You also agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN AUTO RICKSHAW DRIVERS

3.1 END-USER ACCOUNT AND DATA PRIVACY

Cabcaro Rides will collect information about the devices you use to access the website, as well as anonymous data about your usage. This information will only be used to improve the quality of Cabcaro Rides' services and to develop new services.
Cabcaro Rides will have access to your personal email address or phone number if you are a registered user. This is so that we can communicate with you about booking rides and obtaining feedback about drivers and their services.
You can read more about how Cabcaro Rides collects and uses your data in our Privacy Policy.

3.2 Relevance Algorithm

Cabcaro Rides uses a fully automated system to rank auto rickshaw drivers and their services on the website. This ranking does not represent any endorsement by Cabcaro Rides.
The ranking of drivers is based on a number of factors, including user feedback, driver ratings, vehicle condition, and geographical availability. These factors may change from time to time, as Cabcaro Rides strives to improve the ranking algorithm.
Cabcaro Rides is not responsible for the accuracy or relevance of the ranking order of drivers on the website.

3.3 Listing Content and Disseminating Information

Cabcaro Rides collects and displays information about auto rickshaw drivers, such as their vehicle details, contact information, and ratings. We take reasonable steps to ensure that this information is up-to-date, but we cannot be held liable for any inaccuracies or incompleteness.
The services provided by Cabcaro Rides are provided on an "as is" and "as available" basis, and without any warranties or conditions (express or implied). Cabcaro Rides does not guarantee the accuracy or completeness of any content or information provided by users on the website.
Cabcaro Rides is not liable for any damages to your equipment or for any viruses that may infect your equipment as a result of using the website. If you are dissatisfied with the website, your only remedy is to stop using it.
If Cabcaro Rides determines that you have provided fraudulent, inaccurate, or incomplete information, we may suspend your access to the website or any of your accounts with Cabcaro Rides. You will be liable to indemnify Cabcaro Rides for any losses incurred as a result of your misrepresentations or fraudulent feedback.

3.4 Book Rides

Cabcaro Rides enables users to connect with auto rickshaw drivers through a booking facility on the website. However, Cabcaro Rides is not responsible if the driver cancels the ride or is not available. You can pay for your ride directly to the driver. No refunds or returns are offered by Cabcaro Rides for payments made to drivers.

3.4.1 Cabcaro Rides will attempt to confirm rides for users on the Book facility. However, Cabcaro Rides is not liable if the driver cancels the ride or is not available.

3.4.2 The results of any search users perform on the website for drivers should not be construed as an endorsement by Cabcaro Rides of any particular driver. If a user decides to engage with a driver for a ride, the user does so at their own risk.

3.4.3 Cabcaro Rides is not involved in providing transportation services directly and is therefore not responsible for any interactions between users and drivers. Cabcaro Rides will not be liable for:

Interactions between users and drivers, including any issues that may arise from such interactions.
The ability or intent of drivers to fulfill their obligations to users.
Any misconduct or inappropriate behavior by drivers or their vehicle.
Inappropriate service or any other inconvenience suffered by users due to the failure of drivers to provide agreed services.
Cancellation or non-availability of drivers, rescheduling of booked rides, or any variation in the fares charged, provided that these have been addressed between the user and driver.

3.4.4 Users are allowed to provide feedback about their experiences with drivers. However, users must ensure that such feedback is provided in accordance with applicable law. Cabcaro Rides is not obliged to act in accordance with the content of user feedback, such as suggestions for delisting a particular driver from the website.

3.4.5 Cabcaro Rides enables users to connect with auto rickshaw drivers through a booking facility on the website. However, Cabcaro Rides is not responsible if the driver cancels the ride or is not available. You can pay for your ride directly to the driver when you arrive at your destination. No refunds or returns are offered by Cabcaro Rides.

Cabcaro Rides is not responsible in cases where the Driver is unable to meet the User at the exact time of the scheduled pickup time and the User is required to wait, or choose to not obtain the ride services from the said Driver.

3.5 NO DRIVER-PASSENGER RELATIONSHIP; NOT FOR EMERGENCY USE

Information on the Website: Some of the content on the Cabcaro Rides website may be provided by individuals in the driving profession. However, this does not create a direct driver-passenger relationship between you and Cabcaro Rides. The information on the website is for informational purposes only and does not constitute transportation advice. Cabcaro Rides does not guarantee the accuracy or completeness of the information on the website, and is not liable for any decisions you make or actions you take based on the information on the website.
Not a Substitute for Emergency Services: The Cabcaro Rides website is not intended to be a substitute for emergency transportation services. If you are facing a transportation emergency, please contact appropriate emergency services directly.
Disclaimer Cabcaro Rides makes no guarantees, representations, or warranties, whether express or implied, with respect to the professional qualifications, quality of work, expertise, or other information provided on the website. In no event shall Cabcaro Rides be liable to you or anyone else for any decision you make or action you take based on the information on the website.

3.6 REVIEWS AND FEEDBACK

3.6.1 Privacy and Liability: By using the Cabcaro Rides website, you agree that any information you share with us will be subject to our Privacy Policy. You are also solely responsible for the content you submit to the website, including any feedback, ratings, or reviews. Cabcaro Rides is not responsible for the content of this feedback, and we may choose not to publish it if it violates our terms of service or applicable law.

3.6.2 Feedback Collection: Cabcaro Rides may contact you to obtain feedback about the website, drivers, or your Critical Content. You agree to cooperate with us in this process.

3.6.3 Intellectual Property: You agree not to post or publish any content on the website that infringes on the intellectual property rights of others.

3.6.4 Feedback Collection and Fraud Detection Policy: The Feedback Collection and Fraud Detection Policy is annexed to these terms and conditions. This policy sets out how Cabcaro Rides collects and uses feedback from users, and how it detects and prevents fraud.

You agree that Cabcaro Rides may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback in relation to Website or Cabcaro Rides services; and/or
Obtaining feedback in relation to any Drivers listed on the Website; and/or
Resolving any complaints, information, or queries by Drivers regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Cabcaro Rides. Cabcaro Rides Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

4. TERMS OF USE (For Auto Rickshaw Drivers & Vehicle Owners)

The terms in this Clause 4 are applicable only to Auto Rickshaw Drivers and Vehicle Owners.

For Auto Rickshaw Drivers

4.1 Listing Policy: Cabcaro Rides collects information about drivers, including their profiles, contact details, and vehicle information. This information is used to facilitate interaction with users. Cabcaro Rides reserves the right to take down any driver's profile, or to display it, with or without notice to the driver.

4.2 Profile Ownership and Editing Rights: Cabcaro Rides owns all of the driver's profile and vehicle photographs. Drivers can update their profile information, but Cabcaro Rides has the final say on whether to publish or reject the changes. Drivers must ensure that they have the right to upload all content to their profile.

4.3 Reviews and Feedback Display Rights of Cabcaro Rides: Cabcaro Rides collects feedback and critical content from users about drivers. It is important for the driver to mark rides as completed when the passenger finishes the ride, as then the automated review or feedback is sent to the passenger. This content is not pre-screened, reviewed, or filtered by Cabcaro Rides. Users may be exposed to critical content that they find offensive or objectionable. Cabcaro Rides is not liable for any negative effects on a driver's business due to critical content.

4.4 Relevance Algorithm: Cabcaro Rides has designed the relevance algorithm in the best interest of users. The algorithm is proprietary and cannot be altered for specific drivers. Cabcaro Rides is not liable for any effect on a driver's business interests due to the change in the relevance algorithm.

4.5 Independent Services: Each service offered by Cabcaro Rides is independent of the others. Your use of one service does not give you rights to any other service.

4.6 Driver Undertaking: The driver must be duly licensed and qualified to operate an auto rickshaw and provide transportation services. The driver must also comply with all applicable laws and regulations related to vehicle operation and passenger safety.

4.7 Usage in Promotional and Marketing Materials: Cabcaro Rides may use the driver's name, vehicle details, and other branding materials in its promotional and marketing materials. The driver has the right to review and approve these materials.

4.8 Driver's Ride and Profile Management Tool: Drivers can view and manage the ride requests they have received and accept or decline them. Also, Drivers can view, manage, and update their profiles through the Cabcaro Rides tool.This includes updating their contact information, availability, vehicle details, license number, and ratings.

4.9 Cancellation and Rescheduling: Passengers can cancel or reschedule their rides. Drivers can also cancel or reschedule rides.

4.10 Payments: Passengers will make payments directly to the driver at the end of the ride. Cabcaro Rides does not charge a processing fee or booking fee for the ride. The ride fare will be paid by the passenger in-person to the driver. Cabcaro Rides is not responsible in any case of a passenger's unavailability or refusal to pay.

4.11 Automated Messages: Cabcaro Rides will send automated messages to both passengers and drivers when rides are rescheduled or canceled. These messages will be sent to the email addresses and phone numbers that are associated with the passenger or driver's Cabcaro Rides account.

The automated messages will include the following information:

The date and time of the ride
The reason for the reschedule or
cancellation The new date and time of the ride, if applicable

For Vehicle Owners

4.1 Listing Policy: Cabcaro Rides collects information about Vehicle Owners, including their profiles, contact details, and vehicle information. This information is used to facilitate interaction with users. Cabcaro Rides reserves the right to take down any Vehicle Owner's profile, or to display it, with or without notice to the Vehicle Owner.

4.2 Profile Ownership and Editing Rights: Cabcaro Rides owns all of the Vehicle Owner's profile and vehicle photographs. Vehicle Owners can update their profile information, but Cabcaro Rides has the final say on whether to publish or reject the changes. The Vehicle Owner must ensure that they have the right to upload all content to their profile.

4.3 Reviews and Feedback Display Rights of Cabcaro Rides: Cabcaro Rides collects feedback and critical content from users about Vehicle Owners and associated drivers. It is important for the drivers (associated with the Vehicle Owner) to mark rides as completed when the passenger finishes the ride, as then the automated review or feedback will be sent to the passenger. This content is not pre-screened, reviewed, or filtered by Cabcaro Rides. Users may be exposed to critical content that they find offensive or objectionable. Cabcaro Rides is not liable for any negative effects on a Vehicle Owner's business due to critical content.

4.4 Relevance Algorithm: Cabcaro Rides has designed the relevance algorithm in the best interest of users. The algorithm is proprietary and cannot be altered for specific Vehicle Owners. Cabcaro Rides is not liable for any effect on a Vehicle Owner's business interests due to the change in the relevance algorithm.

4.5 Independent Services: Each service offered by Cabcaro Rides is independent of the others. Your use of one service does not give you rights to any other service.

4.6 Vehicle Owner Undertaking: The Vehicle Owner must ensure that all listed vehicles are duly registered, licensed, and roadworthy, and that all associated drivers are properly licensed and qualified. The Vehicle Owner must also comply with all applicable laws.

4.7 Usage in Promotional and Marketing Materials: Cabcaro Rides may use the Vehicle Owner's name, logo, and other branding materials in its promotional and marketing materials. The Vehicle Owner has the right to review and approve these materials.

4.8 Driver’s Ride and Vehicle Owner Profile Management Tool: Drivers (Inclusive in the Vehicle Owner's panel and who own their profile on Cabcaro Rides) can view and manage the rides that have been booked for them and accept or decline them.

Also, Vehicle Owner/Vehicle manager can view, manage, and update their profiles through the Cabcaro Rides tool. This includes updating their contact information, vehicle availability, services, and FAQ’s. Vehicle Owner/Vehicle manager can also add drivers to their panel as a visiting consultant to their profile, but the driver will only be added once it is approved by the driver in their Cabcaro Rides Driver Tool.

4.9 Cancellation and Rescheduling: Passengers can cancel or reschedule their rides. Drivers can also cancel or reschedule their rides.

4.10 Payments: Passengers will make payments in person to the driver. Cabcaro Rides does not charge a processing fee or booking fee for the ride. The fare will be paid by the passenger in-person to the driver. Cabcaro Rides is not responsible in any case of a passenger's unavailability.

4.11 Automated Messages: Cabcaro Rides will send automated messages to passengers, drivers, and Vehicle Owners when rides are rescheduled or cancelled. These messages will be sent to the email addresses and phone numbers that are associated with the passenger or driver's Cabcaro Rides account.

Cabcaro Rides will send automated messages to both passengers, drivers and Vehicle Owners when rides are rescheduled or cancelled. These messages will be sent to the email addresses and phone numbers that are associated with the passenger or driver's Cabcaro Rides account.

The date and time of the ride
The reason for the reschedule or
cancellation The new date and time of the ride, if applicable

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1 Cabcaro Rides hereby informs Users, as mandated by Regulation 3(2) of the IG Rules, that they are strictly prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that falls under the following categories: a) Information that belongs to another person and for which the User does not possess the necessary rights. b) Content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of privacy, hateful, racially or ethnically objectionable, disparaging, or encourages money laundering, gambling, or any unlawful activities. c) Content that harms minors in any way. d) Information that infringes any patent, trademark, copyright, or other proprietary rights. e) Content that violates any current laws and regulations. f) Messages that deceive, mislead, or communicate grossly offensive or menacing information to the recipient. g) Impersonating another individual. h) Information containing software viruses or any other computer code, files, or programs intended to disrupt, destroy, or limit the functionality of any computer resource. i) Content that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, or incites the commission of any cognizable offense or insults any other nation.

5.2 Furthermore, Users are explicitly prohibited from engaging in the following activities: a) Violating or attempting to operate an auto rickshaw and provide transportation services. The driver must also comply with all applicable laws and regulations related to vehicle operation and passenger safety. b) Transmitting disruptive or competitive information (including job posts, messages, and hyperlinks) through the Website that interferes with the provision of Services by Cabcaro Rides. c) Intentionally submitting incomplete, false, or inaccurate information on the Website. d) Initiating unsolicited communications to other Users. e) Using engines, software, tools, agents, or other devices or mechanisms (e.g., spiders, robots, avatars, or intelligent agents) to navigate or search the Website. f) Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website. g) Copying or duplicating Cabcaro Rides Content or any other information available on the Website in any manner. h) Framing, hotlinking, or deep linking any Cabcaro Rides Content. i) Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

5.3 Should Cabcaro Rides become aware, either through its own discovery or upon receiving written notice or email with an electronic signature from an affected individual, about any information that violates Clauses 5.1 and 5.2, the company reserves the right to disable such non-compliant information. Additionally, Cabcaro Rides may preserve such information and associated records for at least 90 (ninety) days for the purpose of potential investigations by governmental authorities.

5.4 If any User fails to comply with applicable laws, rules, regulations, or the Agreement (including the Privacy Policy), Cabcaro Rides reserves the right to terminate the User's access or usage rights to the Website and Services immediately and remove any non-compliant information from the Website.

5.5 Cabcaro Rides may disclose or transfer User-generated information to its affiliates or governmental authorities in accordance with applicable law, and by using the Website, you consent to such transfer. The SPI Rules permit Cabcaro Rides to transfer sensitive personal data or information, including any information, to any other body corporate or person in India or any other country, ensuring comparable levels of protection.