OCABBIE TERMS OF SERVICE- 04092017 -Final Draft
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE THE SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY OCabbie Technologies Pvt Ltd(herein after referred as “OCABBIE”).
DESCRIPTION OF SERVICE
OCabbie is a Corporate Transportation Solution that leverages the power of SMAC (Social Mobility Analytics and Cloud) technologies to bring admins, employees, drivers and vendors on one platform to make the entire corporate transportation process hassle free. via web, mobile application and such miscellaneous services called OCabbie (“Services”). The Service is accessed either by the OCabbie website or OCabbie mobile application through a registered account with OCabbie. By using the application service you are agreeing to these Terms and Conditions (“Terms and Conditions”). OCabbie will continuously upgrade the features of the services, undertake bug fixing from time to time for its web and mobile application service.
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
You shall need a valid internet/data access and shall also access to world wide web to use the Service. OCabbie also maintains communication with the account you have created and the device its installed from time to time and are part of the Services.
In the Terms and Conditions, referenced to "You" shall mean any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, do not use the Service. OCabbie reserves the right to update and change the Agreement from time to time without notice or acceptance by You. By using the Service, You signify Your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
OCabbie reserves the right to change the web site and the mobile application terms and conditions any time, with or without prior notice. OCabbie also retains the right to deny access to anyone who, in its sole discretion, believes has violated any of the terms and conditions and also in the interest of national security.
Your use of the Service is can be accessed by multiple methods.
ADMINS profiles are pre-created by us pursuant to your Employer sharing with us details.
Employees & Driver profiles are created by ADMINS of the Employer.
Further, employees can also visit the website and signup.
If You are an entity, all users assigned by you, your employees will be required to register and provide some details for registering each for each user category (“User”).
Users are categorized as follows & You or your User must provide us the following details at the time of signing up/registration:
User category: Company/Client:
User Category: Admin
User Category: Employee/contract employees/visitors etc
User Category: Driver
You are solely responsible for all data provided by you hereunder and must update these in case of any changes occur from time to time. We don’t bear any loss or damage from non-adherence to these guidelines. OCabbie reserves all rights to suspend the account in case of information furnished by you is not correct, or incomplete. You are responsible for maintaining the confidentiality of the access data for Your Account and other users under the single account, if any, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify OCabbie of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
By using the Service you are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms and Conditions or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR XXXXX
The agreed billing rates will be applied to the Service procured and OCabbie technology shall invoice will be available on OCabbie tool immediately after the end of each billing cycle as agreed and will also be sent in email on the last day of every month. All undisputed invoices shall be cleared and paid within 30 days.
In the event of non-payment of any undisputed invoice beyond the maximum threshold of 45 working days, then OCabbie reserves the right to suspend access to OCabbie technology, in that event OCabbie claims no responsibility of whatsoever nature arising due to suspension of the access to the technology to the client and its users.
Please add GST compliance as per auditor suggestions or client requirements.
Either party may terminate the services with 90 days written notice.
However, OCabbie may, at its sole discretion at any time if the terms of the services prescribed hereunder are violated. In the event of suspension or termination, your account will be disabled and You may not be granted access to your account including to your assigned users and admins.
You acknowledge and agree that OCabbie alone (and its licensors, where applicable) shall own all right, title and interest, including any and all related intellectual property rights (whether registered or unregistered and wherever in the world), in and to the Site and the Service as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site or the Service. You further agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
These Terms and Conditions do not constitute a sale or assignment and do not convey to you any rights of ownership in or related to the Site or the Service.
Trademarks of OCabbie and the company logo or other marks appearing on the Site/ mobile application are among the trademarks and/or service marks owned by OCabbie. No trademark or service mark or other license is granted in connection with any such materials contained on the Site/application. Certain product, service, or company designations for companies other than OCabbie may be mentioned on the Site/mobile application. Such designations are often claimed as trademarks or service marks. You should contact the appropriate companies for more complete information regarding such designations and their registration status, if any.
By virtue of the engagement, we will come in to access certain information that may be confidential (names, emails, address, gender etc) and we will not disclose such confidential information to any other person, unless disclosure is required by law. We may disclose confidential information only to those of our employees, agents and subcontractors, with a legitimate need to know, and may use Confidential Information only for the purposes set forth under these terms and conditions.
Confidential Information is all information provided by You, your assigned users under these terms and conditions, but does not include information that is or becomes available without restriction to us or any other person through no wrongful act.
The information that we may access subject to our capacity as a service provider of the transportation shall be confidential under all circumstances.
We will not use the data except for planning the transportation related activities and for any legal disclosure.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to OCabbie and under such circumstances OCabbie will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
GENERAL PRACTICES REGARDING USE AND STORAGE
Changes to Terms: We may, in our sole discretion, change these Terms and Conditions from time to time. We will notify you of changes by posting notice on the Site or at the time of accessing your account for the Services that these Terms have been updated and updating the “last revised” date above. Your continued access to and use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Service in any way, your only recourse is to immediately terminate your use of the Service. However, your obligation to honor any unpaid subscription or licensing fees will survive the termination of services.
OCabbie strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, OCabbie is not obligated to provide any maintenance, technical or other support for the Service.
We are dependent on third party support for our data storage. We don’t guarantee that the services are uninterrupted or break free.
You agree that OCabbie has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Submitted Content and other communications maintained by the Service. You acknowledge that OCabbie may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. OCabbie retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.
You agree to indemnify, defend and hold harmless OCabbie from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with your use of or access to the Site mobile application, your use of the Service or your violation of these Terms and Conditions.
Disclaimer of Warranties:
YOU AGREE THAT YOUR USE OF THE OCabbie SITE, MOBILE APPLICATION AND SERVICE AND/OR NETWORK SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OCabbie, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICE AND YOUR USE THEREOF. OCabbie MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT/MOBILE APPLICATION OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE.
Limitation of Liability:
IN NO EVENT SHALL OCabbie BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE EVEN IF OCabbie WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
This privacy notice explains how OCabbie collects, uses, processes, protects, and discloses information on the OCabbie SITE, MOBILE APPLICATIONS & IN ITS SERVCIES OFFERINGS
We warrant that we comply with the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 as envisaged under the Information Technology Act, 2000.
"Personal Information" means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to: name, user name, password (and other login information), email address and contacts, date of birth, age, device, device ID, gender, social network ID, friends, home or other physical address, or other contact information and occupation.
“Non-Personal Information” is information that does not identify you as an individual, such as your browser type, IP address, the URL of the previous website you visited, the activity of a user of the Service, a user's 'click-stream' and scrolls on the Service, mobile device ID, date and time stamps of use of the Service and third party applications, email addresses.
Following Personal and Non-Personal Information is stored by OCabbie:
Following Sensitive Personal Data is collected and stored by OCabbie:
Except the above, we don’t collect any other Sensitive Personal Data.
Following are other forms of our use of your Personal Information through the Service:
Illustrative Security measures used by OCabbie
These Terms shall be exclusively governed by and construed in accordance with the laws of India without giving effect to any principles of conflicts of law. OCabbie controls and operates the Site from its offices located in the [LOCATION]. OCabbie makes no representation that the Site or the Service is appropriate or available for use in other jurisdictions outside India, or that these Terms comply with the laws of any other country. Visitors who use the Site and/or the do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. OCabbie ’s failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. OCabbie may assign its rights and duties under these Terms without such assignment being considered a change to these Terms and without notice to you. You may not assign these Terms without the prior written consent of OCabbie. These Terms and any other operating rules, policies, or procedures that may be posted from time to time by or on behalf of OCabbie on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Each party irrevocably consents to the exclusive jurisdiction, forum and venue of the Courts situated at City of Bangalore, Karnataka State, INDIA.
Any dispute between the parties shall be first resolved by mutual discussions and conciliations. In the event if the parties fail to reach an amicable resolution within such time as may be agreed, then the parties may resolve the dispute by arbitration. Each party shall appoint one arbitrator and the appointed 2 shall elect an umpire and the panel of arbitrators shall award, which shall be binding on the parties. The arbitration proceedings shall be conducted as per the Indian Arbitration and Conciliation Act, 1986 and both the parties shall share the expenses equally. The arbitration shall be conducted in English and shall be at Bangalore city.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement. By using this Site, Mobile application you agree to abide by these Terms.