These Website Standard Terms And Conditions (These “Terms” Or These “Website Standard Terms And Conditions”) Contained Herein On This Webpage, Shall Govern Your Use Of This Website, Including All Pages Within This Website (Collectively Referred To Herein Below As This “Website”). These Terms Apply In Full Force And Effect To Your Use Of This Website And By Using This Website, You Expressly Accept All Terms And Conditions Contained Herein In Full. You Must Not Use This Website, If You Have Any Objection To Any Of These Website Standard Terms And Conditions.
You Are Expressly And Emphatically Restricted From All Of The Following:
1. Publishing Any Website Material In Any Media;
2. Selling, Sublicensing And/Or Otherwise Commercializing Any Website Material;
3. Publicly Performing And/Or Showing Any Website Material;
4. Using This Website In Any Way That Is, Or May Be, Damaging To This Website;
5. Using This Website In Any Way That Impacts User Access To This Website;
6. Using This Website Contrary To Applicable Laws And Regulations, Or In A Way That Causes, Or May Cause, Harm To The Website, Or To Any Person Or Business Entity;
7. Engaging In Any Data Mining, Data Harvesting, Data Extracting Or Any Other Similar Activity In Relation To This Website, Or While Using This Website;
8. Using This Website To Engage In Any Advertising Or Marketing;
In No Event Shall Cab-E Nor Any Of Its Officers, Directors And Employees, Be Liable To You For Anything Arising Out Of Or In Any Way Connected With Your Use Of This Website, Whether Such Liability Is Under Contract, Tort Or Otherwise, And Cab-E, Including Its Officers, Directors And Employees Shall Not Be Liable For Any Indirect, Consequential Or Special Liability Arising Out Of Or In Any Way Related To Your Use Of This Website.
You Hereby Indemnify To The Fullest Extent Cab-E From And Against Any And All Liabilities, Costs, Demands, Causes Of Action, Damages And Expenses (Including Reasonable Attorney’s Fees) Arising Out Of Or In Any Way Related To Your Breach Of Any Of The Provisions Of These Terms.
If Any Provision Of These Terms Is Found To Be Unenforceable Or Invalid Under Any Applicable Law, Such Unenforceability Or Invalidity Shall Not Render These Terms Unenforceable Or Invalid As A Whole, And Such Provisions Shall Be Deleted Without Affecting The Remaining Provisions Herein.
Cab-E Is Permitted To Revise These Terms At Any Time As It Sees Fit, And By Using This Website You Are Expected To Review Such Terms On A Regular Basis To Ensure You Understand All Terms And Conditions Governing Use Of This Website.
Cab-E Shall Be Permitted To Assign, Transfer, And Subcontract Its Rights And/Or Obligations Under These Terms Without Any Notification Or Consent Required. However, You Shall Not Be Permitted To Assign, Transfer, Or Subcontract Any Of Your Rights And/Or Obligations Under These Terms.
These Terms, Including Any Legal Notices And Disclaimers Contained On This Website, Constitute The Entire Agreement Between Cab-E And You In Relation To Your Use Of This Website, And Supersede All Prior Agreements And Understandings With Respect To The Same.
These Terms Will Be Governed By And Construed In Accordance With The Laws Of The State Of Maharashtra And You Submit To The Non-Exclusive Jurisdiction Of The State And Federal Courts Located In Maharashtra For The Resolution Of Any Disputes.
You may cancel your request for a Ride from a Cab Manager at any time, for which you will not be charged a Cancellation Fee.
You must not smoke or consume any alcohol, tobacco or illicit and/or any contraband substances in or near any Cab-E vehicle, misbehave in or near any Cab-E vehicle, distract a Cab Manager, act in violation of Applicable Laws, or otherwise act in any way which a Cab Manager (acting reasonably) considers your act/behaviour risky for your safety and that of the Cab Manager or any other person(s) in/around the vehicle.
If you breach any of the above conditions, we may immediately suspend the services and/or your account on the mobile Application.
1. The Application allows you to send a request to make a booking for a ride. Once You have made a request for a Ride:
a) You must ensure that your device is turned on and configured appropriately (e.g., GPS is active), and the application is active; and
b) We will accept or decline your booking based on the availability of Cars / Cab Managers around your location at the said pickup time and inform you via an SMS push notification or confirmation screen in the Application.
c) While we endeavour to connect you to a Cab Manager, your request for a ride is subject to the availability of a Car or a Cab Manager around your location at the time of your request (and application may accept or reject your request basis this premise).
d) Booking a Ride, does not guarantee a confirmation of a trip. It is only a record request which will be confirmed on the availability of a Car or a Cab Manager around Your location at the time of your request
2. Once your request for a ride has been accepted, we will provide you with:
a) A booking confirmation through the application and information regarding the Cab Manager (Including the Cab Manager’s name, vehicle details (including registration number and model), provision of a port to call and message the Cab Manager, a picture of the Cab Manager and any other details we Consider appropriate); and
b) Simultaneously, we will provide the Cab Manager with your details necessary to enable the Cab Manager to provide the Ride
3. Whilst we have instructed each Cab Manager to use all reasonable efforts to ensure their vehicle arrives prior to your requested pick-up time, you must book Your Ride after considering any adverse condition such as;
a) Bad/rough weather, traffic, roadworks, accidents, bad roads, under construction areas, car break-down or any other unexpected event – which may delay the service.
b) In case of any delay by the vehicle in reaching your pick-up location, you can contact the Cab Manager assigned for your Ride through the application port or by contacting us at our customer car nos.
4. During the Journey:
a) You must also ensure that you are of a legally consenting adult age when you travel in the vehicle alone and also remain in it at all times during a ride, do not leave the vehicle mid-way, do not leave a minor unaccompanied or any personal effects, electronic or luggage unattended any time during the ride.
b) If a vehicle breaks down or cannot complete a ride, we will use all reasonable endeavours to arrange for a substitute vehicle to complete the Ride (which will then be deemed as the “vehicle for the ride”) - subject to availability of such a substitute vehicle. Any substitute vehicle may not be necessarily of the same type as the original vehicle.
5. Except as expressly stated in these customer terms, our obligations are limited to:
a) Managing and operating the Application and services in the manner reasonable, as determined by us
b) Being an online booking platform facilitating the provision of rides – through a fleet of cars and Cab Managers – for you (and our other customers)
c) Collection of the fare with respect to the rides and issuing you a receipt.
6. Termination Policy
Cab-E may permanently deactivate the respective customer/driver App under activities such as:
a) Customer: Engaging in serious illegal activity while using the Cab-E App - whilst on a ride or before and after a ride, misbehaving with any of our employees, staff, contractors or causing injury and /or damage to the cars
b) Cab Manager: Not maintaining valid vehicle registration documents in the car, not carrying a driving licence, driving irrationally and/or dangerously, receiving serious traffic citations or several traffic citations that indicate unsafe driving. Driving under the influence or alcohols or narcotics, consuming alcohol or narcotics during the shift hours and within 6 hours of the shift, engaging in fights or brawls with the customers, theft of company property, assets or cash.
7. Force Majeure
Any delay in or failure to perform any obligations by either party under these Terms will not constitute a breach of Terms to the extent caused by acts of any government authorities, acts of God, pandemic, epidemic, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that party.
A Party affected by Force Majeure must:
a) Notify the other party within 7 days after it becomes aware of the force majeure.
b) Use all reasonable effort to avoid or minimise the effects of such Force Majeure and commence performance of its obligations as soon as such Force Majeure ceases.
If a Force Majeure continues for a continuous period of more than 7 seven days, either party may terminate these Terms by notifying the other party.