Terms and Conditions
II. Acceptance of Terms
A. The Website and Application is the property of the Company and / or its subsidiaries. By linking, referencing, using or accessing the Application or the Website, the Customer agrees to these Terms, including agreeing to indemnify and hold harmless the Company from all claims of any nature arising from the access and use of the Application and/or Website by the Customer. These Terms may be changed at any time at the sole discretion of the Company. These Terms pertain to all Websites of the Company, including websites owned, operated or sponsored by any of the subsidiaries or affiliates of the Company.
B. Please read these Terms carefully. These Terms, as modified or amended from time to time, are a binding contract between the Company and the Customer. If the Customer visits, uses, or operates at the Site (or any future site operated by the Company), the Customer accepts these Terms. In addition, when the Customer uses any current or future Services of the Company or visits or uses any of the Services affiliated with the Company, the Customer will also be subject to the guidelines and conditions applicable to such Service.
- DESCRIPTION OF SERVICES
The Services provided by the Company is a technology based service which enables customers to hire drivers for a point to point service, or for time and usage based service within city limits and outside city limits, including inter-city all over India through the internet and / or mobile telecommunications devices ("Services").
The Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Customer(s) must not be a minor as per Indian Law; and must be at least 18 years of age to be eligible to use the Services.
The Services constitute a technology platform that enables the Customers to use mobile applications or websites provided as part of the Services (each, an “Application”) to access the Services and arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with the Company and / or its subsidiaries (“Third Party Providers”).
Unless otherwise agreed by the Company in a separate written agreement with the Customer, the Services are made available solely for the Customer's personal, non-commercial use.
Apple Inc / Google Inc and / or their applicable international subsidiaries and affiliates will be third party beneficiaries to these Terms if you access the Services using applications developed for Apple iOS, Android powered mobile devices and these third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner, your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT PROVIDE TRANSPORTATION / LOGISTICS / DRIVERS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY PARTNERS WHO ARE NOT EMPLOYED BY THE COMPANY.
2.1. These Terms sets forth the terms and conditions that apply to the use of the Site and Application by the Customer. By using this Site, the Customer agrees to comply with all the Terms hereof. The right to use the Site is personal to the Customer and is not transferable to any other person or entity. However, the Customer may use the Site to book a driver for another person solely at their own risk. The Customer shall be responsible for protecting the confidentiality of their password(s), if any. The Customer acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. The Customer understands and acknowledges that due to the circumstances both within and outside the control of the Company, access to the Site and/or Application may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site and/or Application, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company shall also have the right to discontinue disseminating any portion of information or change any category of information or eliminate any transmission method and may change transmission speeds or other signal characteristics. 2.2. The Company 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 Services or the Site / Application. 2.3. Links to third party operating systems, websites and in app advertisements are provided as a convenience to the Customer and the Company does not have any control over the content and resources provided by such websites. 2.4. The Company may allow the Customer 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 website. The Customer is cautioned to read the terms and conditions and/or privacy policies of such operating systems and websites before using them. 2.5. The Customer agrees and acknowledges that the Company has no control over such third party's operating systems and / or website, does not monitor such operating systems and websites, and that the Company shall not be responsible or liable to anyone for such third party operating systems and website, or any content, products or services made available on such an operating system and website.
- EQUIPMENT The Customer shall be responsible for obtaining and maintaining telephone, computer hardware, internet devices and other equipment needed for access to and use of the Site and /or the Application and all charges related thereto. The Company shall not be liable for any damages to the Customer's equipment resulting from the use of the Site and/or the Application.
- REPRESENTATIONS AND WARRANTIES
As a precondition to your use of the Services, you represent and warrant that: 5.1. The information you provide to the Company is accurate and complete. The Services are only available for private cars for non-commercial purposes within the city limits as designated on our Website. Private cars for non-commercial purposes bear license plates with black lettering over white colored background (Commercial vehicles have license plates with black lettering over yellow colored background). You will ensure that the Company’s Service is being utilized only for non-commercial purposes in a private car. The Company is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application / Website without providing reasons. 5.2. You will only access the Service using authorized means. You are responsible to check and ensure that you download the correct Application for your device or the correct Website in your own computer. The Company shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device or Website for the computer. The Company reserves the right to terminate the Service and the use of the Application/ Website should you use the Service or Application with an incompatible or unauthorized device. 5..3. You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind. 5.4. You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance, etc., including, but not limited to, personal injuries, death and property damages. 5.5. You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind and neither the Company nor the driver shall be responsible in any manner whatsoever. You have the legal right to designate the driver as your agent and delegate actual authority to the driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through the Company’s platform. 5.6. You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services. 5.7. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the driver. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the driver you will be solely responsible for all consequences arising out of the use of the Services or the driver. In any event the Company shall have no responsibility or liability on this account whatsoever. 5.8. You specifically authorize the Company to use, store or otherwise process your 'Sensitive personal data or information’ (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law all information provided to us by you shall be deemed to be our information to use as we desire. 5.9. You will comply with all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of the same. 5.10. You shall bear the fuel charges, parking charges, toll charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
- PAYMENT TERMS
When a trip ends, the The Company driver ends the trip on the Company’s Partner app on his/her mobile device. It then calculates the total fare amount due from You and it appears on the Company’s app on your mobile device.
All charges are due immediately and payment will be facilitated by the Company using the available channels which are as follows:
Cash Payment - Cash payment towards the fare after the completion of ride can be made to the driver;
Online Payment – the Company offers you the facility of making an online payment powered by a third parties - Paytm and Razorpay. When you select these modes, we shall collect the fare on behalf of the driver. Online payments will not be applicable on bookings made through the phone or while the Customer is not logged into his/her account on the Site. The processing of payments or credits, as applicable, in connection with your use of the online payment modes will be subject to the terms, conditions, and privacy policies of the payment processor. The Company will not be responsible for any errors by the payment processor in any manner. In the event the payment cannot be accepted through online modes, you shall be required to pay the fare of the transportation Services in cash.
You acknowledge and agree that the charges will vary based on different conditions, time / distance / number of days and other factors. The Company will use reasonable efforts to inform you of the charges but you will be responsible for the charges incurred under your account, regardless of your awareness of such charges or amounts.
The Company may from time to time provide customers with certain promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such promotional offers and discounts, unless made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
You agree, understand and confirm that the credit card details provided by you on the Company Website/ Application will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. Further, the said information will not be utilized and shared by us with any of the third parties unless required by law, regulation or court order.
The Company shall generate an invoice on behalf of the driver and will be sent to you through email on the email id provided on your account, if no email id is available we will not be able to provide you with an invoice.
You are solely responsible for any activity under your account and you agree to (i) keep your account / payment information updated and accurate at all times; and (ii) maintain security and secrecy of the account information (user-name / password).
By creating an account, you agree and authorize the Company to send you informational text (SMS) messages and contact you through telephone regarding the Service(s).
The Company has sole and complete discretion to accept or reject each request for providing the Service(s).
Service(s) provided by the Company are available only for private cars for non-commercial purposes.
You agree and accept that the use of the Services provided by the Company is at your risk solely, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
The Company or the driver has the right to refuse the Service in the following circumstances:
In the event the Customer is found misbehaving with other passengers or the driver, or is causing a nuisance: If the Customer is misusing, soiling or damaging any of the devices (technical / non-technical) of the driver; and if the Customer asks the driver to break any traffic / RTO / city police and / or government rules for any purpose.
Without prejudice to the above, the Company makes no representation or warranty that: the Services will meet the Customer’s requirements; and the Services will be uninterrupted, timely, secure, or error-free.
The Company shall not be liable for any conduct of the Drivers. However, the Company encourages the Customer to notify it of any complaints that you may have against the Driver that the Customer may have hired using the Company's Services.
The Company shall be entitled at any time without giving any reason to terminate the booking of drivers done by the Customer.
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 booking. The location based information will be used only to facilitate and improve the probability of locating a driver for the Customer.
The Company reserves the right to establish, remove and/or revise charges for any or all services or goods obtained through the use of the Services at any time at its sole discretion.
You also agree that the Company is not liable in any manner for any loss that you may incur as a result of any third party using your password, either with or without your knowledge.
You will not use the Service(s) or Mobile Applications / Website for unlawful purposes.
You are aware and acknowledge that when requesting Services, whether through the Mobile Application and / or via the Website and / or by calling the Company’s call centre, standard messaging charges, data charges, voice charges will be applicable of your phone network / internet service providers.
The Company 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 drivers at the requested time, which shall be informed to you via an SMS and / or email and / or phone call.
You shall bear the consequences and damages for any delay that may arise due to your failure to check the confirmation SMS / email or failure to inform the Company of the incorrect details immediately.
The Company reserves the right to suspend or terminate your account with immediate effect and for an indefinite period, if we have 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 is compromised in any way, or any other reason we may find it to be just.
You acknowledge that you will not assign or otherwise transfer your account to any third party.
The Company or the driver is in no way liable for the delays caused to reach a destination due to traffic / route / road conditions
Ride cost will include the driver idle time between ride start and end time.
The Company encourages all the Customer to take full responsibility for his/her items. In case of lost items during the journey, the 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 has any complaint in respect of the Services or the use of the driver, the Customer has to inform the Company of the same in writing within 24 hours of using the driver or the Services of the Company.
All the calls made to the Company's call centre are recorded by the Company for quality and training purposes.
If the Customer misses train or flight or bus or any appointment or meeting, Company will not be liable to pay any compensation. The Customer shall make an alternate arrangement if the driver has not reached due to any reason.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS 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. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE CUSTOMER AGREES THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THESE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE CUSTOMER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER THE RIGHTS OF THE CUSTOMER AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF THE CUSTOMER'S PLACE OF RESIDENCE.
NOTHING HEREIN SHALL TO ANY EXTENT SUBSTITUTE FOR THE INDEPENDENT INVESTIGATIONS AND THE SOUND TECHNICAL AND BUSINESS JUDGMENT OF THE CUSTOMER. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE. CUSTOMER(S) OF THIS SITE MUST HEREBY ACKNOWLEDGE THAT ANY RELIANCE UPON ANY CONTENT SHALL BE AT THEIR SOLE RISK.
8.2. LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE TO THE CUSTOMER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY THE CUSTOMER ARISING OUT OF: (i) USE OF OR RELIANCE ON THE SERVICES OR THE INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL.
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF THE CUSTOMER'S PLACE OF RESIDENCE.
The Customer agrees to indemnify and hold the Company 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: use of the Services; breach or violation of any of these Terms; or violation of the rights of any third party, including Third Party Providers.
8.4. 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. 8.5. 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 driver 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. 8.6. The Customer shall indemnify the 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 by the Company. 8.7. 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 the 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 a driver done by the Customer. LICENSE
9.1 Subject to the Customer's compliance with these Terms, the Company grants the Customer a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to:
access and use the Site and/or Applications on the Customer's personal device solely in connection with the use of the Services; and
access and use any content, information and related materials that may be made available through the Services, in each case solely for personal, non-commercial use.
9.2 Any rights not expressly granted herein are reserved by the Company and the Company's licensors.
9.3 This license does not include: any downloading or copying of account information for the benefit of another vendor or any other third party or for self;
caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that the Customer does not have a right to make available (such as the intellectual property of another party);
uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure; or
any use of data mining, robots, or similar data gathering and extraction tools. 9.4. The Customer is not permitted to bypass any measures used by the Company to prevent or restrict access to the Site or the Application. Any unauthorized use by the Customer shall result in termination of the permission or license granted to the Customer by the Company.
RESTRICTIONS The Customer shall not be permitted or allowed to perform the following activities: remove any copyright, trademark or other proprietary notices from any portion of the Services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company; decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; link to, mirror or frame any portion of the Services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
INTELLECTUAL PROPERTY RIGHTS 11.1. The Company is the sole owner or lawful licensee of all the rights to the Website and Application and its Content. The Website/ Application content shall mean its design, layout, text, images, graphics, sound, video etc (collectively, the "Content"). The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates or licensor's of the Company's content, as the case may be. 11.2. All rights, not otherwise claimed under this Agreement are hereby reserved. The information contained in this Site and Application is intended, solely to provide general information for the personal use of the Customer, who accepts full responsibility for its use. The Company does not represent or endorse the accuracy or reliability of any information, or advertisements 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 Services. 11.3. The Customer shall not upload, post or otherwise make available on the Site or Application any material protected by copyright, trademark, patent, proprietary rights or any other intellectual property rights, without the express permission of the owner of the copyright, trademark, proprietary right or other intellectual property rights. 11.4. The Company does not have any express burden or responsibility to provide the Customer with indications, markings or anything else that may aid the Customer in determining whether the material in question is copyrighted or trademarked. 11.5. The Customer shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. 11.6. By submitting material to any public area of the Site / Application, the Customer warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. 11.7. The Customer hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Site by the Customer.
- TRADEMARK 12.1. All related icons and logos are registered trademarks or trademarks or service marks of the Company 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. 12.2. The trademarks, logos and service marks ("Marks") displayed on the Site/Application are the property of the Company and other respective persons. The Customer is prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of the Company or such third party which may own the Marks. 12.3. Trademarks that are located within or on the Site or Application or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
13.1. All information and content including any software programs available on or through the Site / Application is protected by copyright. The Customer is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site / Application for commercial or public purposes. 13.2. The Site/ Application contains copyrighted material, trademarks, trade secrets, patents, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. 13.3. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. 13.4. The Customer is not permitted to modify, publish, download, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. However, the Customer may only download / print / save / share details of the Service which the Customer already owns. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. 13.5. Systematic retrieval of 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 the Company is prohibited. 13.6. 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 the Customer's access to and use of the Services, the Customer agrees not to use the Site / Application Service to infringe the intellectual property rights of others in any way. The Company reserves the right to terminate the account of the Customer upon any infringement of the rights of others in conjunction with use of the Company's Services, or if the Company believes that the Customer's conduct is harmful to the interests of the Company, its affiliates, or other Customers, or for any other reason in the Company's sole discretion, with or without cause. 13.7. The Company reserves the right to remove from the Site / Application, any content that is alleged to infringe someone's copyright. 13.8. The Customer acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.
- TERMINATION 15.1. The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the Customer in the event of any conduct by the Customer which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the Customer of this Agreement. Notwithstanding any other provisions of the Terms, or any general legal principles to the contrary, any provision of the Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Terms. 15.2. It is agreed by the Customer that most of the content and some of the features on the Site and Application are made available to the Customer free of charge. However, the Company reserves the right to terminate access to certain areas or features of the Site at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular Customers to any/all of its Services without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the web site. The Company reserves the right to limit, deny or create different access to the Site and its features with respect to different Customers or to change any of the features or introduce new features without prior notice.
- MISCELLANEOUS 16.1. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 16.2. The Terms and the relationship between the Customer and the Company will be governed by the laws as applicable in India. 16.3. In the event a dispute arises between the Customer and the Company, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (Thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration shall be conducted by a sole arbitrator to be mutually agreed by the parties. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation (Amendment) Act, 2015. The venue for the arbitration shall be in Hyderabad, Telangana. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. 16.4. The failure of the Company to act with respect to a breach by the Customer or others does not waive its right to act with respect to subsequent or similar breaches. 16.5. Except as otherwise, expressly provided in these Terms, there shall be no third-party beneficiaries to the same. These Terms constitute the entire agreement between the Customer and the Company and governs the Customer’s use of the Site, superseding any prior agreements between the Customer and the Company with respect to the Site and the Application.