Himachal Cab Services
Terms and Condition
By clicking on the“Accept and Register”button, you acknowledge that you have read and understood these customer terms.
Please ensure that you read and understand all of these customer terms before you start using the application, as you will be bound by these customer terms when you click“Accept and Register”.
If you do not agree with any of these customer terms, you must immediately cease accessing and using the application and the services being provided under these customer terms. Your acceptance of these customer terms will operate as a binding agreement between you and Himachal cab services in respect of your use of the application, the booking services. And you continue to remain bound to such terms as long as you continue to use the application, the booking services and the services.
These Customer Terms are between You and Himachal cab services each a “Party” and collectively the “Parties”.
Himachal Cab Services serve 24 hours X 7 days a week Taxi Service in Himachal Pradesh Area. This company is an extended part of the Global Three 6T organization that is well known in the tour and travel industry and taxi services as well. The Global Three 6T company has been serving clients for more than the last 2 years.
THE PARTIES AGREE AS FOLLOWS
1. REGISTRATION AND USAGE
1.1 In order to use the Services, the Booking Services and the Application, You must:
(i) be competent to enter into a contract under Applicable Laws, and You must provide Himachal Cab Services with accurate, complete, current, valid and true Registration Data;
(ii) only open one Account using Your Registration Data, and not use the account of any other person;
(iii) provide Your own electronic device, which must have a functioning mobile number, data network and the ability to read text messages (SMS) and push notifications from the Application, and meet the minimum device requirements for optimum functionality of the Application (“Device”). It is Your responsibility to check to ensure that You download the correct version of the Application for Your Device;
(iv) only use the Application solely in accordance with these Customer Terms and all Applicable Laws, and not use the Application, Booking Services or Services for any illegal or unlawful purposes;
(v) only use the Application, Booking Services and Services for Your sole, personal use, and not transfer, sell, sub-license or assign it to a third party. In the event that You use the Services or Booking Services for another individual/party, you shall be solely liable for any breach of these Customer terms by such user. Further, you must not allow persons under the age of legal majority to receive transport services from the Driver unless they are accompanied by You;
(vi) not do or try to do anything to interfere with or harm the Application, the Booking Services,the Services or the network of Himachal Cab Services or any of its Affiliates in any way whatsoever;
(vii) only use an authorised telephony or internet network to access and use the Application.When using the Application, the Booking Services and the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your Device provider and the same is Your responsibility.
1.2 You are solely responsible for maintaining the confidentiality of Your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through Your Account (whether initiated by You or any third party).
1.3 You must also notify Himachal Cab Services immediately if You cannot access Your Account, you know of or suspect any unauthorised access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.
1.4 Himachal cab Services may immediately suspend the Services, the Booking Services and/or Your use of the Application (including Your Account) if it has a reason to believe that: (i) the Registration Data or any other information provided by You is false, outdated; (ii) the security of Your Account has been compromised in any way; or
1.5 Himachal Cab Services may block, suspend, alter or update the Application, the Booking Services and/or the Services at any time (including without notice):
(i) to make improvements to the Application, the Booking Services and/or the Services (including the security of the Application, the Booking Services and/or the Services);
(ii) as required by Applicable Law; or
(iii) to protect a legitimate business interest.
2. BOOKING SERVICES
2.1. The Application allows You to send a request to seek a booking for a Ride. Once You have made a request for a Ride:
(i) You must ensure that Your Device is turned on and configured appropriately (e.g. GPS is active), and the Application is active;
(ii) The Application will send Your Booking Services request to Himachal cab Services ; and
(iii) Himachal Cab Services will accept or decline Your Booking Services request in line with its statutory and contractual obligations at its registered address and/or operating centres, based on the availability of Drivers at Your location at the pickup time.
(iv) Your request for a Ride is subject to acceptance by a Team . Once a Team has accepted Your request, Himachal cab services will inform You via an Call or SMS , If no Driver is available to accept Your request, Himachal Cab Services will notify you in the same manner.
2.2. The Booking Services provided through the Application shall include:
(i) Accepting bookings requested by You subject to the terms herein;
(ii) Identifying Drivers to provide transport services;
(iii) Keeping records of the bookings;
(iv) Remotely monitoring trips booked using the Application;
(v) Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Himachal Cab Services
(vi) Providing customer support for grievances.
2.3. While Himachal Cab Services requests each Driver 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 conditions such as the weather, traffic, roadworks, and other unexpected delays such as traffic accidents. If there is any delay by the Vehicle in reaching Your pick-up location, you should contact Himachal Cab Services via in-App support or at its call centre.
2.4 Himachal Cab Services manages and operates the Application and the booking functionality to enable Himachal Cab Services to provide the Booking Services. Himachal Cab Services is also the entity which licensed the Application to You, when you downloaded it.
2.5 Himachal Cab Services may, in its sole discretion, create promo codes for credits and benefits (“Promo Codes”) in relation to the Services or any third party benefits or services subject to any additional terms set out by Himachal Cab Services from time to time. You agree that the Promo Codes
(i)shall be used for the intended and lawful purpose and as permitted by Himachal Cab Services
(ii) may expire prior to use or be disabled at Himachal Cab Services discretion.
Himachal Cab Services reserves the right to withhold benefits and credits in case it believes that the use of the Promo Code was fraudulent, illegal or in violation of the applicable terms and conditions of the Promo Code.
Where Your request for a Ride has been accepted, you must check the booking details on the booking confirmation Himachal Cab Services provides to You on behalf of the Driver, including the pick-up time and location (“Booking Confirmation”). If there are any incorrect details on the Booking Confirmation, you must contact Himachal Cab Services immediately by correcting Your booking details by calling the Himachal Cab Services.
4.1. You understand that the You will be charged the Total Ride Fee as discussed by Himachal Cab Services on the call.
4.2. You will be required to provide relevant payment details including credit/debit card details(“Card Details”) to the Payment Processor in order for Himachal Cab Services to process payment of theTotal Ride Fee. (i) permits the Payment Processor to debit or credit the bank account or debit/credit card account associated with Your payment details; (ii) permits the Payment Processor to use Your Card Details for the processing of transactions initiated by You.
4.3. Himachal Cab Services shall issue invoices to You (on behalf of the Driver) for the transport services provided to You directly by the Driver in cash payment.
4.4. The Driver has authorised Himachal Cab Services to settle any payment-related disputes between Drivers and You, whom You directly contract with for the transport services.
4.5. The Total Ride Fee paid by you is final and non-refundable, unless otherwise determined by Himachal Cab Services If any amount paid by You is fully or partially refundable for any reason, such amounts will be refunded to You by Himachal Cab Services.
4.6. You agree that use of certain Promo Codes may result in different charges for the same services and shall not have a bearing on charges applied to You unless the Promo Codes have been specifically made available to You.
5.1. You may cancel Your request for a Ride from a Driver at any time, however (subject to clause 5.3) You may be charged a Cancellation Fee according to our cancellation policy which can be found on our website at himachalcabservices.com
5.2. The Driver may cancel Your request for a Ride according to our cancellation policy which can be found at himachalcabservices.com
5.3. You will be notified of any Cancellation Fee through the Application at the time You attempt to cancel Your request for a Ride, and any Cancellation Fee payable by You will be processed by Himachal Cab Services as agent of the Driver.
6.1. In order for the Driver to provide transport services to You, the Driver may require You to not smoke or consume any alcohol, tobacco or illicit substances in or near any Vehicle, misbehave in or near any Vehicle, distract the Driver, act in violation of Applicable Laws, or otherwise act in any way which a Driver (acting reasonably) considers will risk the safety of You, the Driver or any other person.
6.2. If You breach clause 6.1, Himachal Cab Services may immediately suspend the Services, Booking Services and/or Your use of the Application (including Your Account).
7. FEEDBACK, ISSUES AND COMPLAINTS
7.1. You may rate a Ride after its conclusion, and You must be fair, accurate and nondefamatory while leaving complaints, comments, feedback, testimonials or reviews on or about Rides, Drivers, Services or the Booking Services.
7.2. All issues, complaints, opinions, suggestions, questions and feedback while accessing the Services or Booking Services should be notified to Himachal Cab Services via e-mail or via call.
7.3. If You forget or lose any luggage or property in a Vehicle during a Ride, you should contact Himachal Cab Services as soon as possible (and any event within 24 (twentyfour) hours), and Himachal Cab Services will try to locate the items. If Your luggage or property is found, Himachal Cab Services will contact You and advise You of how You will be able to collect Your luggage or property. Himachal Cab Services will not deliver any luggage or property items to You (and if Himachal Cab Services agrees to do so, Himachal Cab Services may charge You a reasonable fee for doing so). In no event will Himachal Cab Services be liable for any loss or damage to Your personal effects and luggage.
9.1. To the extent permitted by applicable law, Himachal Cab Services shall not be liable to You in any manner (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
(i) any booking that has not been accepted;
(ii) any theft or loss of your or any other person’s property in connection with the Booking Services or any booking accepted by Himachal Cab Services;
(iii) any loss, damage, costs, expenses or liability suffered by You or anyone other than You in connection with Your use of the Application; (iv) any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge;
9.2. Himachal Cab Services 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 Himachal Cab Services has been advised of the possibility of such damages. Himachal Cab Services shall not be liable for any damages, liability or losses arising out of:
(i) Your use of or reliance on the Services and Booking Services or Your inability to access or use the Services and Booking Services; or
(ii) Any transaction or relationship between you and any third party, such as the Driver, even if Himachal Cab Services has been advised of the possibility of such damages. Himachal Cab Services shall not be liable for delay or failure in performance resulting from causes beyond Himachal Cab Services reasonable control.
10. FORCE MAJEURE
Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party. (“Force Majeure”).
11.1. These Customer Terms shall continue until such time as they are terminated in accordance with this clause 11.
11.2. You may terminate these Customer Terms at any time by closing Your Account or uninstalling the Application. You can close Your Account at any time by following the instructions on the Application.
11.3. Himachal Cab Services may terminate these Customer Terms with immediate effect upon notice to You if: (i) to comply with any Applicable Law; (ii) You cease to satisfactorily provide Registration Data; or (iii) You commit a breach.
12.AMENDMENTS TO THESE CUSTOMER TERMS
12.1. Himachal Cab Services may amend the terms of these Customer Terms and shall keep you updated regarding such amendments.
12.2. You will be required to confirm Your acceptance of the amendments referred to in clause.
13.1 Assignment: You may not assign or transfer any of Your rights, interests or obligations under these Customer Terms to any third party without the prior written consent of Himachal Cab Services. Himachal Cab Services may assign its rights and interests under these Customer Terms to any person whosoever.
13.2 Waiver: Either Party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on the part of either Party exercising any right, power or privilege under these Customer Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under these Customer Terms preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such Party.
13.3 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
13.4 Rights cumulative: Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity