Terms and Conditions of Use
Effective from: January 1, 2017
Terms and Conditions for use of the www.acecabs.in
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions of Use (“Agreement“) with respect to our Service. This Agreement constitutes the entire and only agreement between Ace Cabs Private Limited and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the content, products or services provided by or through the Service, and the subject matter of this Agreement. 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 Agreement may be amended at any time by Ace Cabs Private Limited without specific notice to You. The latest Agreement will be posted on the Service, and you should review this Agreement prior to using the Service.
2. Intellectual Property Rights.
This website contains material which is owned by or licensed to Us. The content used in the Website, organization, graphics, design, and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Service is strictly prohibited. The posting of information or materials on the Service does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. The terms “Ace Cabs Private Limited” “Ace Cabs” “Us”, “We” or “Our” refers to Ace Cabs Private Limited. The term “You” “Your” refers to the user or viewer of our Service. The proprietary logos, service marks and trademarks found on this Website whether owned/used by Ace Cabs or otherwise, by displaying on this Website, Ace Cabs does not grant You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
In order to use the Services, You must be at least 18 years of age to register yourself on the Website. Ace Cabs will require you to submit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner).
- The Website permits You to avail the transportation services by way of renting cars (“Service”) offered by Us by Our Website. The Website allows You to send a request through it, to rent car/(s). We have a sole and complete discretion to accept or reject each request for Service. If We accept a request, We, notify the same to You and we provide necessary information pertaining to the Services. We shall procure reasonable efforts to provide a car on rent, subject to the availability of cars, at the moment of Your request for such services.
- By using the Service, You further agree that:
- You will only use the Service for Your sole, personal use and will not resell or assign it to a third party;
- You will not use an email account that is subject to any rights of a person other than You without appropriate authorization;
- You will not use the Service or Website for any unlawful purposes;
- You will not try to harm the Service, website or our network in any way whatsoever;
- You will provide Us with such information and documents which We may reasonably request;
- You will only use an authorized network to avail the Service;
- You shall not smoke and drink in the vehicles or misbehave with the driver or act in violation of any applicable laws. 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. Further, We shall have the right to terminate the Service. In the event, You fail to pay fine after the completion of the Service, We may at Our discretion, take such steps as may be available to us under applicable laws. Further, 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 Ace Cabs.
- You are aware that when requesting Services, whether by message, or via email, via website or via app or calling Our call center at 9811399333/ 9871001068 “Customer Centre”, standard messaging charges, data charges, voice charges, as per Your 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 Website or Service; and
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
- Ace Cabs reserve the right to immediately terminate the Service and the use of the Website in the event of non-compliance with any of the above requirements. Further, Ace Cabs will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Ace Cabs on any change in the information provided by You.
- Ace Cabs or an authorised representative of Ace Cabs, shall provide information regarding services, discounts and promotions provided by Ace Cabs to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Website to discontinue the same.
- Ace Cabs 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 Ace Cab’s obligations under this Agreement.
- You agree to grant Ace Cabs a non-exclusive, worldwide, 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 provided to Us, in any media now known or not currently known, with respect to Your information.
- Except for the data submitted by You during the use of any other service offered through the Website (“Permitted Information”), Ace Cabs does not want You to, and You should not, send any confidential or proprietary information to Ace Cabs on the Website or otherwise, unless otherwise is required by applicable laws. In accepting the terms under this Agreement, You agree that any information or materials that You or individuals acting on Your behalf provide to Ace Cabs other than the Permitted Information will not be considered confidential or proprietary. You agree and permit Ace Cabs to share your information and/or Permitted Information, with third parties.
- Ace Cabs will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by Ace Cabs jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
- You shall ensure that the data you provide Us, while registering Yourself on Our Website to create an account with Ace Cabs (“Account”), 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 data provided by You.
- You are solely responsible for maintaining the confidentiality of Your 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.
- You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or these terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Ace Cabs in writing, you may only possess one Account.
- 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 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 just or equitable.
- In case, You are unable to access Your Account or in case of any unauthorized use of Your Account, please inform Us at email@example.com and make a written request for blocking Your Account. We allow You to open only one Account in order to register yourself in our Website. 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.
- Ace Cabs shall, upon receiving the booking request from You, proceed to confirm or decline the booking based on the availability of cars at the pickup time, and the same shall be informed to You via an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to your pick up time and place, and if there is incorrect detail, the same needs to be intimated to us immediately by contacting Our Customer Centre or by an e-mail. 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 Ace Cabs of the incorrect details.
- You can request for amendments to a booking made earlier by You, two (2) hours before the pick-up time by contacting the Customer Care or e-mail intimation. No changes will be done within two (2) hours of the time of pick up time. In cases where amendments are requested on cab type, the cab type requested is subject to availability. In case, You have not informed on the changes on Your schedule before 2 hours of the pick-up then no refunds will be made.
- You are liable to pay for any additional distance traveled and also for additional hourly charges if applicable. Any unscheduled changes will attract additional charges as applicable.
- All bookings under consideration are on a calendar day basis i.e. from midnight 12:00 to midnight 12:00.
- All travel charges like toll, taxes, extra kilo meters consumed if applicable, charges for extra hours consumed if applicable, parking charges, night charges and any other charges applicable, during the Service shall be borne by You.
- Upon confirmation of the Service by Ace Cabs, You may travel to certain destinations which involve greater risks than others including but not limited to force majeure, strikes and bandhs, entirely at your risk as to cost and consequences. Ace Cabs requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain destinations.
- Ace Cabs shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in our 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.
- Ace Cabs shall charge a fare (“Total Fare”) for the Service which shall be determined and amended at the sole and absolute discretion of Ace Cabs. The Total Fare shall be payable by you to Ace Cabs and the amount shall be informed to you.
- You shall be required to pay such additional fare, which will form part of the receipt.
- You shall be required to pay such cancellation fee as applicable, which will form part of the receipt of the receipt.
- In addition to the Total Fare, You may be required to pay such other charges incurred by you during the Service in cash, which are not included in the receipt.
- The Total Fare will be calculated after including Service tax and/or any other applicable taxes.
- The Total Fare will be collected by either of the following methods:
- Cash payment: Cash payment towards the Total Fare after the completion of Service can be made to Ace Cabs;
- Credit Card/ Debit Card/ Net Banking Payment: Details for the same shall be provided separately
- E- wallet
- In case of a Service and lease arrangements under the Corporate Contracts, the Total fare and charges will be calculated and communicated to the Corporate as per separate terms of Agreement entered with them.
- Any payment related issue, except when such issue is due to an error or fault in the Website, shall be resolved between You and the payment processor. Ace Cabs shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Website.
7. 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. You shall be notified of the applicable cancellation fee in advance whenever You attempt to cancel a booking/service request. The option to cancel shall be either by calling our Customer Care or via email or on the Website or by cancelling on the App.
8. Indemnification, Disclaimer and Limitation of Liability
- You agree to indemnify, defend and hold Ace Cabs and our partners, agents, officers, directors, employees, subcontractors, successors, assigns (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to Your violation of this Agreement or use of the Service.
- You agree that Ace Cabs is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Ace Cabs does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Ace Cabs also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.
- The Service provided on the Website is “As-Is,” “As Available,” and all warranties, express or implied, are disclaimed. In addition, Ace Cabs makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Ace Cabs does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. 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. We and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), service liability or otherwise, even if advised of the possibility of such damages. All responsibility or liability for any damages caused by viruses contained within the Website, is disclaimed.
- Ace Cabs 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, even if Ace Cabs has been advised of the possibility of such damages. Ace Cabs shall not be liable for any damages, liability or losses arising out of:
- Your use of or reliance on the services or Your inability to access or use the Services; or
- any transaction or relationship between you and any third-party provider, even if Ace Cabs has been advised of the possibility of such damages. Ace Cabs shall not be liable for delay or failure in performance resulting from causes beyond Ace Cabs’s reasonable control.
- In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Ace Cabs shall only endeavour to get You in touch with the Driver assigned for Your Ride and not be liable for any damages resulting from the inability of the driver to reach the customer due to unavoidable situations, 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.
- IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACE CAB’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
9. Applicable Law and Dispute Resolution
The terms of this Agreement are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to the terms or the use of this Agreement, Website or the Service (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation with the Customer Care. In the event the dispute is not resolved internally between You and Ace Cabs, 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 Ace Cabs and You. The place of the arbitration shall be Delhi, unless otherwise mutually agreed by Ace Cabs and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Delhi.
- Ace Cabs may give notice by means of a general notice on the Service, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Ace Cab’s account information.
- You may contact Ace Cabs by electronic mail at Our email address firstname.lastname@example.org or by written communication sent by regular mail to Our address at 562, Silver Oak Lane, Ghitorni, MG Road, New Delhi- 110030.
The terms of this Agreement may be changed from time to time. Ace Cabs may suspend or discontinue providing the Service to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.