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.
These terms and conditions, including the General Terms and Special Terms along with any agreements executed or accepted by you (“you/ your” or “User” or “Customer”), which are incorporated herein by reference (“Terms”) when you access, use or interact with the mobile application (“Kts Cab App”) or website available at https://Kts Cab.bike/ (collectively, “Platform”) whether through a computer or a mobile phone or any other device (“Device”) or avail the Services (defined hereinafter) provided by KIN TAXI SERVICE PRIVATE LIMITED (“Kts Cab” / “Company” / “us”, “we” or “our”).
All the Services provided by the Company to you would be by means of your use of the Platform. These Terms will govern the relationship between you and the Company in the course of provision of the Services. These Terms govern your access/interaction or use of the Platform and/or availing of Services.
Please read these Terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform, or availing the Services. By using this Platform or availing the Services, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. If you do not agree with these Terms, please do not access the Platform or avail the Services.
These Terms expressly supersede prior agreements or arrangements with you. Use of and access to the Platform is offered to you upon the unconditional acceptance by you of all the terms, conditions, and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.
We provide the following services (“Services”) to you:
In relation to your use and access of the Platform or for availing the Services, you represent, warrant, and provide the following undertakings:
Belongs to another person and to which you do not have a right to such information;
Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
Infringes any patent, trademark, copyright or any other proprietary rights;
Harms minors in any way or is harmful to child;
Any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
Impersonates another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens 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;
Is in the nature of an online game that is not verified as a permissible online game;
Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
Violates any law for the time being in force.
You agree that Kts Cab (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
Any electronic communications will be considered to be received by you within 24 hours of the time we send it to your attention (such as via email, SMS or other online notification, through WhatsApp messenger application). We will assume you have received any communications sent to you by postal mail, 3 business days after we send it.
If you are a Customer who has registered on the Platform and shared your contact details with us, we may need to contact you in connection with the Services, and you give express consent to us and our permitted assigns and third-party agents to communicate with you in any way, such as calling, texting, or e-mailing via:
The accuracy, readability, clarity, and promptness of the communications depend on various factors. Kts Cab will not be responsible for any non-delivery, delayed delivery, or distortion of the communication in any way whatsoever.
1. The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Platform 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 Platform and its content remain with the Company except the third party content and link to third party website on the Platform.
The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
2. All rights not otherwise claimed under these Terms or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
3. 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 Platform, 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 a Service.
4. 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.
5. 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 Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.
6. Customer data: As between Kts Cab and Customer, all right, title and interest in: (i) the Information, (ii) other information input into the Platform by Customer or its authorized users (“Other Information”), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the Customer. Information and Other Information are collectively referred to as “Customer Information”. Customer grants to Kts Cab a limited, non-exclusive, royalty-free, worldwide license to use the Customer Information and perform all acts with respect to the Customer Information, as may be necessary for Kts Cab to operate, maintain and improve the Platform or provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). Customer is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of all Customer Information. Kts Cab agrees to access and use the Customer Information solely as set forth in these Terms or the Privacy Policy.
7. Aggregated statistics: Notwithstanding anything else in these Terms, Kts Cab may monitor Customer’s (including the authorized users) use of the Platform and the Services and use data and information related to such use and Customer Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the Services (“Aggregated Statistics”). As between Kts Cab and Customer, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by Kts Cab. Customer acknowledges that Kts Cab will be compiling Aggregated Statistics based on Customer Information and Information input by other customers into the Platform. Customer agrees that Kts Cab may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Customer.
8. You will not do the following:
1. During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party Captains, advertisers or sponsors showing their goods and/or services through a link on the Platform. These links take you off the Platform and are beyond the Company's control. You therefore visit or access these websites entirely at your own risk.
2. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
1. Kts Cab provides SOS feature on the Kts Cab App wherein the Customer can call for emergency services in case of any safety issues or other emergency by tapping the "Red" button made available on the Kts Cab App. This is linked to the internal emergency response team of Kts Cab, and any such case is escalated and dealt with on priority.
2. In case of an accident, an ambulance can be called upon by the Customer immediately through the Kts Cab App, and the said information can be shared with trusted/ emergency contacts of the Customer provided to Kts Cab.
3. You agree not to misuse the Emergency/ SOS feature and will solely use it during emergencies. In case of any misuse of the SOS feature, you will be liable for consequences/actions in accordance with applicable laws and/or as per Kts Cab's internal policies.
1. These Terms, which form the contract between the Company and you, are concluded for an indefinite period. You are entitled to terminate the contract between the Company and you at any time by deleting Your Account on the Platform.
2. The Company is entitled to terminate your access to the Platform and/or the Services at any time and with immediate effect (by disabling your use of the Platform and the Service) if you: (a) violate or breach any term of these Terms, or (b) in the opinion of the Company, misuse the Platform or the Service, or (c) if there is reason to believe that the account is used fraudulently.
3. The Company is not obliged to give notice of the termination in advance. After termination, the Company will give notice thereof in accordance with these Terms.
4. Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lockout, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.
5. The Company, in addition to its right to terminate or suspend access to Your Account and/or the Services in case of violation of these Terms, the Privacy Policy, or any applicable law, reserves the right, in its sole discretion, to legally prosecute you if you act in a way that the Company, at its sole capacity, decides involves fraud or misuse of the Platform, or is harmful to the Company's interests or another user, any Captain, or any other participating third-party.
6. The Company's failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of the Company's rights.
1. You will, at your expense, defend, indemnify and hold harmless the Company, its affiliates, licensees, and its officers, directors, agents, and employees from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys' fees and court costs) which result from a breach or alleged breach of these Terms by you, including but not limited to, (i) your use or misuse of the Platform or Services; (ii) any claims from any third-party as a result of or in connection with your use of the Platform or the Services.
2. Kts Cab reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Kts Cab, including rights to settle, and you agree to cooperate with Kts Cab for such defense and settlement. Kts Cab will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. Customer may, at its own expense, engage separate counsel to advise Customer regarding a claim and to participate in the defense of the claim, subject to Kts Cab's right to control the defense and settlement.
3. IN NO EVENT WILL Kts Cab BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
4. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Kts Cab’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR. 1000/-.
1. These Terms will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
2. Subject to the provisions made in Clause XIII.3, the Parties hereby submit to the exclusive jurisdiction of the courts of Jaipur, India.
3. All disputes arising out of or in relation to these Terms will be settled amicably by the parties. 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 by one party to the other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
4. The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by You and the Company.
5. The arbitration proceedings will be conducted in the English language only, and the seat for arbitration will be Jaipur, India.
6. The award of the arbitral tribunal will be final and binding.
You may not assign your rights under these Terms without the prior written approval of the Company.
If any provision or any part of a provision of these Terms is held to be invalid, unenforceable or prohibited by applicable laws of the Republic of India, such provision or part of provision will be severed from these Terms and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these Terms will be valid and binding and of like effect as though such provision was not included herein.
Kts Cab may change these Terms from time to time. If Kts Cab makes any changes to these Terms that it deems to be material, Kts Cab will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Terms posted to the Platform from time to time to see if it has been changed. The updated version of these Terms will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the Terms or after being updated on the Platform will be construed to mean the acceptance of the said modified Terms.
The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account, or by written communication sent by regular mail to your address on record in Company’s account.
Any opinions, issues, or suggestion regarding the Platform and / or Services can be provided / resolved by reaching out to the customer care number or email mentioned below:
Customer Care details: [email protected]
Alternatively, you can contact Customer Care using the chat functionality on the Kts Cab App and a customer service associate will get back to you.
Please note, concerns pertaining to a specific Service Request or a Captain may be reported not beyond 24 hours from when the Services were availed. In case the issue or grievance is criminal in nature, the complaint may be filed within 72 hours of the event / availing the Service.
Any complaint, dispute or grievance in relation to the Services should be addressed to Kts Cab as given below. Such complaint, dispute or grievance will be handled as per applicable laws.
Grievance Officer: Vijay
e-mail: [email protected]
Address: SHOP NO.18, BALAJI TOWER-2nd Block RATANGARH Road/Street/Lane RATANGARH City CHURU State RAJASTHAN District CHURU , Pin 331022
In addition to the General Terms, along with any other agreements or documents executed / accepted by you, the following additional special terms (“Special Terms”) apply to your use of certain specific Services.
You can initiate a transaction on the Platform by which you may (through the help of a Captain) send packages (“Package(s)”) to a particular location. The Package Services are provided to you directly by the Captain and Kts Cab merely acts as a technology platform to facilitate transactions initiated on the Platform and Kts Cab does not assume any responsibility or liability for any form of deficiency of services on part of the Captain.
Kts Cab does not assume any responsibility or liability whatsoever for any damage/deficiency or loss of the Package(s).
You agree that you will not request Package Services for Package(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items that are prohibited by any statute or law or regulation or the provisions of these Terms.
You also agree that you will not request for dispatch of Package(s) which require a special transportation permit or require any special license under applicable law.
You will be required to indicate the accurate addresses for pick up and delivery of the Package(s) you wish to avail Package Services in respect of, and also an accurate return address in case the Package(s) cannot be delivered for any reason whatsoever at the delivery address.
It is clarified that the transit will commence from the moment the Package(s) is securely handed over to the Captain by the Customer till the moment the Captain arrives at the delivery address or as near to the indicated delivery address as may be possible.
In the event the Captain is not able to deliver the Package(s) at the indicated address for any reason whatsoever, then the Company will not be liable for any damages arising in respect of the Package(s) while delivering the Item(s) at the return address as provided by the Customer.
The Company does not check or verify the Package(s) that are being picked up and dropped off on behalf of you or the Package(s) that are being delivered to you by the Captain, and therefore the Company will have no liability with respect to the same. However, if it comes to the knowledge of the Company that you have requested Package Services in respect of any illegal or dangerous substance or availed the Package Services using the Platform to deliver any illegal or dangerous substance, the Company will have the right to report you to the government authorities and take other appropriate legal actions against you. Kts Cab will not be liable for any consequences that may arise on such reporting.
You agree that before requesting a Package Service, you are well aware of the contents of the Package(s) sent or requested by you through registered Captain, and that such contents are legal and within limits of transportation under any applicable laws. Such contents will not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws.
You also agree that, upon becoming aware of the commission of any offence by you or your intention to commit any offence upon initiating a Package Service or while providing Package Service of any Package(s) restricted under applicable law, the Captain may report such information to Company or to the law enforcement authorities.
You agree that you will be solely responsible for the Package(s) handed over to the Captain and will be prudent not to handover expensive items to the Captain. You will be solely responsible for any loss or damage to the Package(s) in case of any theft or any other incidents to the Package(s) on account of the Captain or otherwise.
You will pay the service fees for availing the Package Services at the end of the completion of such services, as may be displayed to you on the Platform. You cannot initiate another Package Services until you have paid for the previously completed such Package Services.
The Company has facilitated provision of an insurance policy for the users availing the Transportation Services by means of Bikes and the information on the same is available on the Platform once the Services are availed by the users.
Kts Cab is not engaged in the insurance business and does not provide any insurance services. Kts Cab has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from licensed insurance companies, whereby Kts Cab is acting as the group manager of the policy.
Kts Cab 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.
The details of the insurance policy are available on the concerned insurer’s website which can be accessed through the third party link provided on the Platform. Any claim or servicing of insurance policies, remains a matter between the Customer and the insurer, and Kts Cab will not be responsible for the actions of the insurer or the Customer.
These terms and conditions, including along with any other agreements executed or accepted by you (“you/ your” or “User” or “Customer”), which are incorporated herein by reference (“Terms”) apply when you access, use or interact with the mobile application (“Kts Cab App”) or website or any other site made available by Kts Cab (collectively, “Platform”) provided by Roppen Transportation Services Private Limited (“Kts Cab”/ “Company” / “us”, “we” or “our”) whether through a computer or a mobile phone or any other device, or avail the Services (defined hereinafter).
These Terms govern your access/ interaction or use of the Platform for availing the Services on the platform. Please read these Terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform or availing the Services. By using this Platform , you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. If you do not agree with these Terms, please do not access the Platform, or avail the Services.
These Terms expressly supersede prior agreements or arrangements with you. Use of and access to the Platform is offered to you upon the unconditional acceptance by you of all the terms, conditions and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.
We provide the following services (“Services”) to you:
In relation to your use and access of the Platform, you represent, warrant, and provide the following undertakings:
By using the Platform, you acknowledge and agree that:
In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:
Belongs to another person and to which you do not have a right to such information;
Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
Infringes any patent, trademark, copyright or any other proprietary rights;
Harms minors in any way or is harmful to a child;
Any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services);
Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
Impersonate another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens 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;
Is in the nature of an online game that is not verified as a permissible online game;
Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
Violates any law for the time being in force.
The Company reserves the right to immediately terminate your use of the Platform should you not comply with any of the rules provided in these Terms.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. You acknowledge and agree that the entire risk arising out of your use of the Platform and / or the Services remains solely and absolutely with you, and you will have no recourse whatsoever to the Company.
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 Platform, 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 a Service.
All rights not otherwise claimed under these Terms or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Captain are independent service providers. The Company is not responsible for the behaviour, actions, or inactions of Captain or quality of the Vehicle or the services which may be provided to you by the Captain. Any contract for the Services including payment for such services is exclusively between you and the Captain and the Company is not a party to the same. You avail Services from the Captain at your own risk.
For the avoidance of doubt, it is clarified that the Company itself does not provide the Services, and is not a service provider. You acknowledge and understand that Kts Cab’s role is limited to that of a discovery platform by way of the Kts Cab App which facilitates lead generation and discovery of independent service providers (Captain) who provide or offer to provide you Services directly who are not employed by Kts Cab or any of its affiliates. The Services are offered / provided at the discretion of the Captain and you can accept the offer for Services at your discretion.
Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.
The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware and viruses or that the contents in the Platform are correct, up to date and accurate. Kts Cab assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption or errors in the operation of the Platform.
The Company will further not be liable for damages resulting from the use of or the inability to use the Platform, 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.
Access to the Platform or the Services may be unavailable, delayed, limited or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:
The Company is the sole owner and lawful licensee of all the rights to the Platform or any other digital media and its contents. Content includes its design, layout, text, images, graphics, sounds, video, etc. the website, Platform, 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 Platform and its content remain with the Company except the third-party content and link to the third-party website on the Platform.
The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including:
and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of any of the foregoing in any jurisdiction in the world.
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.
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 Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.
As between Kts Cab and Customer, all right, title and interest in:
belong to and are retained solely by the Customer. Information and Other Information are collectively referred to as “Customer Information”. Customer grants to Kts Cab a limited, non-exclusive, royalty-free, worldwide license to use the Customer Information and perform all acts with respect to the Customer Information, as may be necessary for Kts Cab to operate, maintain and improve the Platform or provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, and distribute the Other Information as a part of the Aggregated Statistics (defined below). Customer is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of all Customer Information. Kts Cab agrees to access and use the Customer Information solely as set forth in these Terms or the Privacy Policy.
Notwithstanding anything else in these Terms, Kts Cab may monitor Customer’s (including the authorized users) use of the Platform and the Services and use data and information related to such use and Customer Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the Services (“Aggregated Statistics”). As between Kts Cab and Customer, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by Kts Cab. Customer acknowledges that Kts Cab will be compiling Aggregated Statistics based on Customer Information and Information input by other customers into the Platform. Customer agrees that Kts Cab may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement, and marketing, provided that such data and information do not identify Customer.
During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party Captain, advertisers or sponsors showing their goods and/or services through a link on the Platform. These links take you off the Platform and are beyond the Company’s control. You, therefore, visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are, therefore, advised to check the terms of use or privacy policies on those websites prior to using them.
You will, at your expense, defend, indemnify and hold the harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms by you including but not limited to, (i) your use or misuse of the Platform or Services; (ii) your breach or violation of any of these Terms; and (iii) any claims from any third-party as a result of or in connection with your use of the Platform or the Services.
Kts Cab reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Kts Cab, including rights to settle, and you agree to cooperate with Kts Cab for such defence and settlement. Kts Cab will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. Customer may, at its own expense, engage separate counsel to advise Customer regarding a claim and to participate in the defence of the claim, subject to Kts Cab’s right to control the defence and settlement.
Kts Cab does not and will not assess nor monitor the suitability, legality, ability, of any Captain and you expressly waive and release Kts Cab from any and all liability, claims or damages arising from or in any way related to the Captain. Kts Cab will not be a party to disputes, negotiations of disputes between you and the Captain. We cannot and will not play any role in managing payments between you and the Captain. Responsibility for the decisions you make regarding services offered via the Captain, software and/or the Platform (with all its implications) rests solely with and on you. You expressly waive and release Kts Cab from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the Platform, or in any way related to the Captain introduced to you by the service, software and/or the Platform.
IN NO EVENT WILL Kts Cab BE LIABLE FOR ANY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Kts Cab’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR. 1000/-.
These Terms will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
Subject to the provisions made in Clause XIII.3, the Parties hereby submit to the exclusive jurisdiction of the courts of Jaipur, India.
All disputes arising out of or in relation to these Terms will be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of the first initiation of the dispute by one party to the other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by the parties.
The arbitration proceedings will be conducted in the English language only, and the seat for arbitration will be Jaipur, India.
The award of the arbitral tribunal will be final and binding.
You may not assign your rights or obligations under these Terms without prior written approval of the Company. Kts Cab may freely assign its rights and obligations without prior notice to or consent from Customer.
If any provision or any part of a provision of these Terms is held to be invalid, unenforceable or prohibited by applicable laws of the Republic of India, such provision or part of the provision will be severed from these Terms and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these Terms will be valid and binding and of like effect as though such provision was not included herein.
Kts Cab may change these Terms from time to time. If Kts Cab makes any changes to these Terms that it deems to be material, Kts Cab will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Terms posted to the Platform from time to time to see if it has been changed. The updated version of these Terms will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the Terms or after being updated on the Platform will be construed to mean the acceptance of the said modified Terms.
The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account, or by written communication sent by regular mail to your address on record in the Company’s account.
Any opinions, issues, or suggestions regarding the Platform can be provided/resolved by reaching out to the customer care number or email mentioned below:
Customer Care details: [email protected]
Alternatively, you can contact Customer Care using the chat functionality on the Kts Cab App, and a customer service associate will get back to you. You can also reach out to Customer Care through our 24*7 call support with respect to any technical issues faced by you on the Platform.
