TERMS AND CONDITIONS
These M-Taxi Terms and Conditions of Use (“M-Taxi Terms and Conditions”) govern the access or use by you, an individual, of the such services including applications, websites, content etc. through any electronic device or otherwise, as the case may be (the “M-Taxi Services”) made available by ACEFENDERS TRAVELS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 and having its registered office situated at F-601, Lagoon Apartments, Ambience Island NH-8, Gurgaon, Haryana-122002 and its corporate office situated at 947, 9th Floor, JMD Megapolis Sector-49, Sohna Road, Gurgaon, Haryana-122018 (hereinafter referred to as the “M-Taxi” or “us” or “Company” which expression shall, unless inconsistent with the context or meaning thereof, be deemed to include its successors and assigns).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES
Your access and use of the M-Taxi Services constitutes your agreement to accept and be bound by these M-Taxi Terms and Conditions, which establishes a contractual relationship between you and M-Taxi. If you do not agree to these M-Taxi Terms and Conditions, you may not access or use the M-Taxi Services. These M-Taxi Terms and Conditions expressly supersede prior agreements or arrangements with you. M-Taxi may immediately terminate these M-Taxi Terms and Conditions or any M-Taxi Services with respect to you, or generally cease offering or deny access to the M-Taxi Services or any portion thereof, at any time for any reason whatsoever.
Supplemental terms may apply to certain M-Taxi Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the M-Taxi Services from time to time. Supplemental terms are in addition to, and shall be deemed to be a part of the M-Taxi Terms and Conditions. It being clarified that; the Supplemental terms shall prevail over these M-Taxi Terms and Conditions in the event of a conflict with respect to the M-Taxi Services.
M-Taxi may amend the M-Taxi Terms and Conditions related to the M-Taxi Services from time to time. Amendments will be effective upon M-Taxi’s posting of such updated M-Taxi Terms and Conditions (at this web address/platform/application as the case may be) or the amended policies or supplemental terms on the M-Taxi Service. Your continued access or use of the M-Taxi Services after such modifications and amendments constitutes your consent and acceptance to be bound by the M-Taxi Terms and Conditions.
LICENSE Subject to your agreement and compliance with these M-Taxi Terms and Conditions, M-Taxi grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the M-Taxi Services; and (ii) access and use any content, information and related materials that may be made available through the M-Taxi Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by M-Taxi and M-Taxi’s licensors.
RESTRICTIONS M-TAXI collects general user data including name, email ID, contact details etc. to facilitate services.
You shall not: (i) remove any copyright, trademark or other proprietary notices from any portion of the M-Taxi Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the M-Taxi Services except as expressly permitted by M-Taxi; (iii) decompile, reverse engineer or disassemble the M-Taxi Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the M-Taxi Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the M-Taxi Services or unduly burdening or hindering the operation and/or functionality of any aspect of the M-Taxi Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the M-Taxi Services or its related systems or networks.
OWNERSHIP The M-Taxi Services and all rights therein are and shall remain M-Taxi’s property or the property of M-Taxi’s licensors. Neither these M-Taxi Terms and Conditions nor your use of the M-Taxi Services convey or grant to you any rights: (i) in or related to the M-Taxi Services except for the limited license granted above; or (ii) to use or reference in any manner M- Taxi’s company names, logos, product and service names, trademarks or services marks or those of M-Taxi’s licensors.c
USER REQUIREMENTS AND CONDUCT The M-Taxi Service is not available for use by persons who have not attained age of legal majority as prescribed under the applicable law. You may not authorize third parties to use your Account, and you may not allow persons who are under the legal age of majority prescribed under the applicable law to receive transportation or logistics services from Third Party Service Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the M-Taxi Services and you may only use the M-Taxi Services for lawful purposes (e.g., not for transport of unlawful or hazardous materials). You will not, in your use of the M-Taxi 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 M-Taxi Services, and you agree that you may be denied access to or use of the M-Taxi Services if you refuse to provide proof of identity.
NOTIFICATIONS By creating an Account, you agree that the M-Taxi Services may send you informational text (SMS) messages or such other communication through e-mail or by other electronic means including notifications as part of the normal business operation of your use of the M-Taxi Services.
PROMOTIONAL CODES M-Taxi may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the M-Taxi Services and/or a Third Party Service Provider’s services, subject to any additional terms that M-Taxi establishes on a per promotional code basis (“M-Taxi Promo Codes”). You agree that M-Taxi Promo Codes: (i) Must be used for the intended audience and purpose, and in a lawful manner; (ii) May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by M-Taxi; (iii) May be disabled by M-Taxi at any time for any reason without liability to M-Taxi; (iv) May only be used pursuant to the specific terms that M-Taxi establishes for such M-Taxi Promo Code; (v) Are not valid for cash; and (vi) may expire prior to your use. M-Taxi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that M-Taxi determines or believes that the use or redemption of the M-Taxi Promo Code was in error, fraudulent, illegal, or in violation of the applicable M-Taxi Promo Code terms or these M-Taxi Terms and Conditions.
USER PROVIDED CONTENT M-Taxi may, in its discretion, permit you from time to time to submit, upload, publish or otherwise make available to M-Taxi through the M-Taxi Services such content and information, including comments and feedback related to the M-Taxi Services, initiation of support requests, and submission (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to M-Taxi, you grant M-Taxi a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the M-Taxi Services and M-Taxi’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant M-Taxi the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor M-Taxi’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by M-Taxi in its sole discretion, whether or not such material may be protected by law. M-Taxi may, but shall not be obligated to, review, monitor, or remove User Content, at M-Taxi’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES You acknowledge that the data network access is necessary to use the M-Taxi Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the M-Taxi Services from a wireless-enabled electronic device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the M-Taxi Services and Applications and any updates thereto. M-Taxi does not guarantee that the M-Taxi Services, or any portion thereof, will function on any particular hardware or devices. In addition, the M-Taxi Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
All Charges are due immediately and payment will be facilitated by M-Taxi using the preferred payment method designated in your Account, after which M-Taxi will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that M-Taxi may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and M-Taxi, M-Taxi reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the M-Taxi Services at any time in M-Taxi’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. M-Taxi will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. M-Taxi may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the M-Taxi Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the M-Taxi Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Service Provider at any time prior to such Third Party Service Provider’s arrival, in which case you may be charged a cancellation fee.
The payment structure provided herein is intended to fully compensate the Third Party Service Provider for the services provided. You understand and agree that, while you are free to provide additional payment as a tip/gratuity to any Third Party Service Provider who provides you with services obtained through the M-Taxi Service, you are under no obligation to do so. Tips/gratuities are voluntary. After you have received services obtained through the M-Taxi Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Service Provider.
LIMITATION OF LIABILITY M-TAXI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE M-TAXI SERVICES, EVEN IF M-TAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. M-TAXI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE M-TAXI SERVICES OR YOUR INABILITY TO ACCESS OR USE THE M-TAXI SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, EVEN IF M-TAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. M-TAXI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND M-TAXI’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL M-TAXI’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE M-TAXI SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED INDIAN RUPEES (INR 100).
M-TAXI SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT M-TAXI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 4 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY You agree to indemnify and hold M-Taxi and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the M-Taxi Services; (ii) your breach or violation of any of these M-Taxi Terms and Conditions; (iii) M-Taxi’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Service Providers.
GOVERNING LAW AND ARBITRATION Except as otherwise set forth in these M-Taxi Terms and Conditions, these M-Taxi Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of India and the courts of Gurgaon, Haryana shall have exclusive jurisdiction. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the M-Taxi Services or these M-Taxi Terms and Conditions, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first settled amicably. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the Dispute, the Dispute shall be resolved by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator appointed by M-Taxi. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be in Gurgaon, India. The award of the arbitral tribunal shall be final and binding.