Terms and Conditions
Terms and Conditions (Mudra Cab Private Limited India)
MUDRA CAB | Mudra Cab Services Private Limited
Updated effective from 25th August, 2021
This Site/ Application/ Services is/are operated /provided by Mudra Cab Services Private Limited.
These terms and conditions (“User Terms”) apply to Your visit to and use, of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. 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. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By clicking on the “I ACCEPT” button or by using Mudra Cab’s services, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND MUDRA CAB IN RESPECT OF THE USE AND SERVICES OF THE SITE.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
- “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Mudra Cab.
- “Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party / government authorities for undertaking the Ride under Applicable Law.
- “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
- “Application” shall mean the mobile application “Mudra Cab” updated by Mudra Cab Services Private limited from time to time.
- “Convenience Fee”/” Access Fee” shall mean the fee payable by the Customer to Mudra Cab for the Service i.e., for availing the technology services offered by Mudra Cab, door to door service, customer support and cashless payment options. Convenience Fee shall be chargeable on every booking made through the Site Or through Mudra Cab Application. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
- “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Conditions available at https://www.mudracab.com. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
- “City of Operation” shall mean a city in which the Customers and Drivers avail and render the transportation services respectively. For clarity, the services rendered by the Drivers and availed by the Customers shall be in the same city.
- “Customer/ You” means a person who has an Account on the Application.
- “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with Mudra Cab and own such Vehicles with necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
- “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.
- “Fare” shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any. In relation to Auto (a motor cab), the Fare shall be as prescribed by law and/or as stipulated by relevant authorities.
- “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Mudra Cab.
- “Mudra Cab” or “us” or “we” or “our” shall mean Mudra Cab Services Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at (01, Ridhi-Siddhinagar, Kopargaon, Ahmednagar, Maharashtra, 423603 India) which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
- “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Mudra Cab from the Customer from time to time for registration on the Application.
- “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
- “Service(s)” means the facilitation of the services by Mudra Cab through the Application or via a telephone request at the call centre of Mudra Cab.
- “Site” shall mean the Application and the website https://www.mudracab.com/ operated by Mudra Cab or any other software that enables the use of the Application or such other URL as may be specifically provided by Mudra Cab.
- “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.
- “Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
- “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
- “TPSP” shall mean a third party service provider.
- “Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act,1988.
You will be “Eligible” to use the Services only when You fulfill all of the following conditions:
- You have attained at least 18 (eighteen) years of age.
- You are competent to enter into a contract under the Applicable Laws. If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
- REGISTRATION AND ACCOUNT
- 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.
- 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.
- We reserve the 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 We may find justified or equitable.
- Except for the Registration Data or any other data submitted by You during the use of any other service offered through Application (“Permitted Information”), Mudra Cab does not want You to, and You should not, send any confidential or proprietary information to Mudra Cab on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Mudra cab other than the Permitted Information will not be considered confidential or proprietary.
- It is Your responsibility to check and ensure that You download the correct application for Your device. We are 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. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
- 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 firstname.lastname@example.org
- In case, You are unable to access Your Account, please inform Us at email@example.com and make a written request for blocking Your Account. We will not be liable for any unauthorized 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.
The Site permits you to avail the multiple services offered by Mudra Cab and/or by a third party.
- The Services allows You to send a request through Mudra Cab to a Driver on the Mudra Cab network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Mudra Cab notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Mudra Cab may determine.
- Mudra Cab 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.
- By using the Application or the Service, You further agree that:
- 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.
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization.
- You will not use the Service or Site for unlawful purposes.
- You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide Mudra Cab with such information and documents which Mudra Cab may reasonably request.
- You will only use an authorized network to avail the Service.
- You are aware that when requesting Services, whether by message, via Site or calling the call center of Mudra Cab, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply.
- 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.
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
- Mudra Cab 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. Further, Mudra Cab will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Mudra Cab on any change in the information provided by You.
- MUDRA CAB WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM MUDRA CAB’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
- You agree to grant Mudra Cab a non-exclusive, Indian, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT MUDRA CAB TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
- You agree and permit Mudra Cab 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 Mudra Cab. You hereby expressly consent to receive communications from Mudra Cab/ 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 Mudra Cab 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.
- CONFIRMATION OF BOOKING
- Mudra Cab 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.
- 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 Mudra Cab of the incorrect details immediately.
- Mudra Cab, shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Mudra Cab. The Convenience Fee or Access Fee shall be payable by you to Mudra Cab and shall be informed to you before you begin your ride.
- You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
- You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
- In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
- The Total Ride Fee will be collected by the Driver or Mudra Cab from You at the end of the Ride.
- All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the Mudra Cab, as the case may be.
- You shall choose to pay for the Service Fee by either of the following four methods: (i) Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver. (ii) E-Wallet payment: Mudra Cab offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Mudra Cab engages for the purpose. Mudra Cab will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E- Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an E-Wallet payment, Mudra Cab shall collect the Fare on behalf of the Driver/ TPSP who will be responsible for providing the such Services. (iv) Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by Mudra Cab. Such PG may either be Mudra Cab or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to Mudra Cab and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of Mudra Cab’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of Mudra Cab’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
- Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. Mudra Cab shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
- CANCELLATION POLICY
- You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below:
- (If you cancel after 5 minutes after the cab is allotted or
- If a driver cancels after waiting at Your location for more than 10 minutes
- Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
- You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
- Mudra Cab shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the TPSPs for the Cancellation Fee, and Mudra Cab for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from the Support page.
- The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
- The mode of payment of the Cancellation Fee shall be in terms of Mudra Cab.
- This Clause shall not apply to corporate rides availed pursuant to the terms and conditions.
- USER VIOLATION OF USER TERMS
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 Mudra Cab.
- CUSTOMER RELATIONSHIP MANAGEMENT
- All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22.2. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
- Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
- Any issue reported on channels other than the above may be addressed by Mudra Cab only on a best-effort basis. Mudra Cab takes no liability for inability to get back on other channels.
- Mudra Cab shall endeavor to respond to Your issues within 2 (two) working days of Your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Mudra Cab shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
- EMERGENCY SERVICES TO CUSTOMER
- By accepting these User Terms and on pressing the SOS button on the Mudra Cab, You consent to Mudra Cab using its best endeavors to provide You with assistance during a safety incident, emergencies or distress, as per Mudra Cab’s internal policies on emergency response. Mudra Cab may undertake remedial action(s), including, but not limited to the following:
- When you press the SOS button and report a safety incident, the Mudra Cab representative may escalate the incident internally or liaise with any third party security service providers to assist You and/or deploy response teams to Your location.
- Mudra Cab may inform any government authorities, such as the concerned police station, about the incident and seek their assistance; Mudra Cab may also provide such authority(ies) with your personal information including but not limited to your exact GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist You.
- Mudra Cab may engage third party security providers to assist You and Mudra Cab in addressing the incident. For this purpose, Mudra Cab may share your personal information, including but not limited to, your exact GPS location, your registered email ID and mobile number with thirdparties such as a security services provider, to enable them to take appropriate steps to assist You and solely to resolve the incident.
- Further to the above, You may receive telephone calls from an Mudra Cab representative and/or the relevant response team at the time of pressing the SOS button and in the duration that the incident is being resolved, and the same shall not be construed as breach of TRAI guidelines, in as much as these would be made for Your security and safety purposes.
- Under this clause, You give Your express consent to permit Mudra Cab to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.
- Mudra Cab will not be liable for any deficiency of service, provided to You under this clause on a best efforts basis, and this clause does not, in any manner, restrain You from seeking any other form of assistance from any other party.
- REPRESENTATION, WARRANTIES AND LIMITATION OF LIABILITY
- The information, recommendations and/or Services provided to You on or through the Site, the Application and Mudra Cab call center are for general information purposes only and does not constitute advice. Mudra Cab will reasonably keep the Site and its contents correct andup to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
- Mudra Cab shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Mudra Cab’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
- In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Mudra Cab shall only endeavour to get You in touch with the Driver assigned for Your Ride.
- Mudra Cab shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
- You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Mudra Cab will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Mudra Cab of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Mudra Cab. In the event it is found, You shall be informed about the Mudra Cab office from where You can collect it after 3 (three) working days from the date You were informed. Mudra Cab however shall not be responsible for delivering the same back to You. If requested, Mudra cab may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the Mudra Cab office. Mudra Cab shall charge You a flat fee of Rs 999 for such delivery.
- Mudra Cab does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
- Mudra Cab shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Mudra Cab. Mudra Cab will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
- IN NO EVENT SHALL MUDRA CAB BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MUDRA CAB HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
- If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Mudra Cab shall be the minimum permitted under Applicable Law.
- APPLICATION LICENSE AND COPYRIGHTS
- Subject to Your compliance with these User Terms, Mudra Cab grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable 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 and to use the Site.
- You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site 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 Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, 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 Service or Site.
- You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violativeof third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
- Mudra Cab will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Mudra Cab may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Mudra Cab has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Mudra Cab reserves the right, at any time and without prior notice, to remove or disable access to any content that Mudra Cab, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
- INTELLECTUAL PROPERTY OWNERSHIP
- Mudra Cab alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
- These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Mudra Cab. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
- You may use information on the Site purposely made available by Mudra Cab for downloading from the Site, provided that You:(i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.
- TERM AND TERMINATION OF LICENSE AGREEMENT
- Unless terminated explicitly, the agreement between Mudra Cab and You is perpetual in nature upon downloading the Application and for each Service booked through the Site
- 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.
- Mudra Cab 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 ofthese User Terms, or (b) in the opinion of Mudra Cab, misuse the Application or the Service. Ola is not obliged to give notice of the termination of the agreement in advance. After termination Ola will give notice thereof in accordance with these User Terms.
- Termination of this agreement will not prejudice accrued rights of either Ola or You.
- You agree that Mudra Cab is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Ola does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Mudra Cab also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
- We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
- Mudra Cab and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your relianceupon the Service or the information contained upon the Site (whether arising from Mudra Cab or any other person's negligence or otherwise).
- This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Mudra Cab shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
- All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
- Mudra Cab is not engaged in the insurance business and does not provide any insurance services. Mudra Cab has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from insurance companies, whereby Mudra Cab is acting as the group manager of the policy. Mudra 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. Any claim or servicing of insurance policies, raised through the Application, remains a matter between the Customer and the insurance company, and Mudra Cab shall not be responsible for the actions of the insurance company or the Customer. It is to be noted that the insurance policy number, claim certificate, invoice for the insurance premium/ fee collected from the Customer is not be issued by Mudra Cab, but will be issued by the respective insurance company. Any issues in receiving tax invoices or issues faced in claiming the insurance are not the responsibility of Mudra Cab. Mudra Cab disclaims all and all liability in relation to the services of the insurance company. Please reach out to the insurance company in case of any questions/ issues.
- MODIFICATION OF THE SERVICE AND USER TERMS
- Mudra Cab reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
- Mudra Cab shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Mudra Cab last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Mudra Cab may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
- APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Mudra Cab as Mudra Cab may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Mudra Cab and You. The place of the arbitration shall be Ahmednagar, Maharashtra 423603 , unless otherwise mutually agreed by Mudra Cab and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Maharashtra, India.