PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
I. User(s) Eligibility
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by Oyee Cab. The Services provided by Oyee Cab is a technology based service which enables the hiring of cabs by commuters / passengers for inter-city travel or for time and usage based service within city limits all over India, through the internet and / or mobile telecommunications devices. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.
Oyee Cab advises its users that while accessing the web site, they must follow/abide by the related laws. Oyee Cab is not responsible for the possible consequences caused by your behaviour during use of web site. Oyee Cab may, in its sole discretion, refuse the service to anyone at any time.
II. User(s) Agreement
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all Oyee Cab Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
III. Amendment To User(s) Agreement
Oyee Cab may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms.
IV. Intellectual Property Rights
Oyee Cab is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Oyee Cab, its affiliates or licensor's of Oyee Cab content, as the case may be.
All rights, not otherwise claimed under this agreement or by Oyee Cab.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Oyee Cab does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, 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 the Service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Oyee Cab be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
Oyee Cab reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website. Trademark All related icons and logos are registered trademarks or trademarks or service marks of Oyee Cab in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site is the copyright of Oyee Cab except the third party content and link to third party web site on our website.
Systematic retrieval of Oyee Cab content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Oyee Cab is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Oyee Cab's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. Oyee Cab reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Oyee Cab service, or if Oyee Cab believes that user(s) conduct is harmful to the interests of Oyee Cab, its affiliates, or other users, or for any other reason in Oyee Cab's sole discretion, with or without cause.
V. User Accounts, Offers And Promotions
Oyee Cab reserves the right to collect user data including name, contact information and other details to facilitate services or use of its platform to avail services. All information collected from the user are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without prior notice to such users.
User accounts bearing contact number and email IDs are created and owned by Oyee Cab. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the user.
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Oyee Cab reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information whatsoever.
Oyee Cab may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; Oyee Cab may also contact the User by voice call, SMS or email in case the User couldn't or hasn't concluded the booking, for any reason what so ever or to know the preference of the User for concluding the booking and also to help the User for the booking. The User hereby unconditionally consents that such communications via SMS and/ or voice call by Oyee Cab is (a) upon the request and authorization of the User, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Oyee Cab against all types of losses and damages incurred by Oyee Cab due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant made by the User against Oyee Cab with respect to the intimations mentioned above or on account of any wrong number or email id provided by the User for any reason whatsoever.
VI. Links To Third Party Sites
Links to third party sites are provided by web site as a convenience to user(s) and Oyee Cab does not have any control over such sites i.e content and resources provided by them.
Oyee Cab may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Oyee Cab believes that user(s) acknowledge that Oyee Cab has no control over such third party's site, does not monitor such sites, and Oyee Cab shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.
Most content and some of the features on the web site are made available to visitors free of charge. However, Oyee Cab reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Oyee Cab also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of Oyee Cab and/or other visitors to the web site. Oyee Cab reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
VIII. Terms & Conditions For Use Of Cabs
The following Terms & Conditions shall apply to customers / passengers utilising the Services offered by the Company for the hiring of cabs:
- The customer shall pay the cab fare, parking charges, toll charges, state taxes, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the cab Services.
- The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
- The customer also agrees to that:
- the cab will not be used for wedding, reception or party purposes where the cab needs to be decorated. Please call our call centre for such services.
- extra charge may be levied for certain destinations and / or routes especially through hilly or mountainous areas and / or char dham yatra and / or Hemkunt Sahib.
- extra night driving charges may be levied if the driver is asked to drive between 10PM to 6AM.
- air conditioner may be switched off during cab is travelling through hilly or mountainous areas
- the cab engine may be switched off while waiting
- The customer shall ensure that he/she will not indulge in any of the following activities while in a cab:
- Smoking or consuming any kind of intoxicants inside the cab. The driver has the right to refuse the pick-up or ask the customer to alight the cab if the customer is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance.
- Littering the cab
- Soiling or damaging the seats and/or any other interiors of the cab.
- Misusing, soiling or damaging any of the devices (technical/non-technical) in the cab.
- Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up or ask such customer(s) to alight from the cab.
- Pressurizing the driver to overload the boot space of the cab with luggage. The customer shall not be generally allowed to use the seating area of the cab for placing any kind of luggage.
- The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
- Without prejudice to the above, the Company makes no representation or warranty that:
- the Services will meet the customer's requirements;
- the Services will be uninterrupted, timely, secure, or error-free.
- the Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of cab service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
- the Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- if any passenger if misses the train or flight or bus, Company will not be liable for any compensation. The customer shall make an alternate arrangement if the cab has not reached due to any reason.
- The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.
- The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a cab booking. The location based information will be used only to facilitate and improve the probability of locating a cab for the Customer.
- The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
- The Company shall be entitled at any time without giving any reason to terminate the booking of cabs done by the Customer.
- The Company encourages all its customers to take full responsibility of his/her items. In case of lost items inside the cab during the journey, Company 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 the Customer leaves any goods in the cab or has any complaint in respect of the Services or the use of the cab, the Customer has to inform Company of the same in writing within 24hours of using the cab or the Services of Company.
- The Company shall not be liable for any conduct of the drivers of the cabs. However, the Company encourages you to notify it of any complaints that you may have against the driver of any cab that you may have hired using the Company's Services.
- The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.Oyee Cab.com on the date that Company may indicate that such addition, variation or amendment is to come into effect.
- All the calls made to the Company's call centre are recorded by the Company for quality and training purposes.
- Many vehicles registered with the Company are continuously tracked using GPS for security reasons only.
- It is expressly made clear to you hereby that the Company does not own any cabs nor does it directly or indirectly employ any drivers for the cabs. Cabs and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the cabs alike.
- The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
- The courts of Delhi, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.
The information contained in this website is for general information purposes only. The information is provided by Oyee Cab and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Oyee Cab. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Oyee Cab takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
LIMITATION OF LIABILITY
Oyee Cab SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES OR FAILURE TO PROVIDE SUCH SERVICES, EVEN IF Oyee Cab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Oyee Cab SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Oyee Cab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Oyee Cab SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF SERVICES WHATSOEVER. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL Oyee Cab'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES FIVE THOUSAND ONLY (Rs. 5000).
Oyee Cab'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Oyee Cab HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
The Customer agrees to indemnify and hold Oyeec Technologies Pvt Ltd and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Oyee Cab's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.