Terms of Use
Last updated: October 5, 2024
Contractual Relationship
1.1 These Terms of Use (“Terms”) govern your access to and use of the applications, websites, content, products, and services (the “Services”) provided by Taxiwaala, 2-45, Kotanarava, Gopalapatnam, Pendurthi Mandalam, Visakhapatnam.
1.2 PLEASE GO THROUGH THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1.2.1 By accessing or using the Services, you agree to be bound by these Terms, establishing a contractual relationship between you and Taxiwaala. If you do not agree to these Terms, you may not use the Services. These Terms supersede any prior agreements with you, and Taxiwaala may terminate these Terms or the Services at any time for any reason.
1.2.2 Supplemental terms may apply to certain Services, such as policies for specific events, activities, or promotions, and will be disclosed to you in connection with those Services. In the case of a conflict, supplemental terms shall take precedence over these Terms for the relevant Services.
1.2.3 Taxiwaala may provide necessary information (including your contact details) to a claims processor or insurer if there is a complaint, dispute, or conflict involving you and a third-party provider, including transportation-related incidents.
The Services
2.1 The Services offer a cab/taxi service through a technology platform, enabling users of Taxiwaala’s mobile applications, websites, or provided phone numbers (each, an “Application”) to arrange and schedule transportation with independent third-party providers in partnership with Taxiwaala. Unless otherwise agreed in writing, the Services are provided solely for your personal, non-commercial use.
2.2 License
2.2.1 Subject to compliance with these Terms, Taxiwaala grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the Applications on your personal device solely in connection with your use of the Services and (ii) access and use content, information, and related materials made available through the Services for your personal, non-commercial use. All other rights are reserved by Taxiwaala.
2.3 Restrictions
2.3.1 You agree not to: (i) remove any copyright, trademark, or proprietary notices from the Services; (ii) reproduce, modify, distribute, license, or sell the Services except as expressly permitted by Taxiwaala; (iii) decompile or reverse engineer the Services, except where allowed by law; (iv) link to or frame any part of the Services; (v) launch programs or scripts to scrape or data mine any part of the Services or impair its functionality; or (vi) attempt to gain unauthorized access to the Services or related systems.
2.4 Provision of Services
2.4.1 The Services may be made available through: (i) Taxiwaala’s subsidiaries or affiliates, or (ii) independent third-party providers, including transportation network drivers or similar transportation permit holders.
2.5 Third-Party Services and Content
2.5.1 The Services may include third-party services and content (including advertising) not controlled by Taxiwaala. Different terms and privacy policies may apply to your use of such third-party content. Taxiwaala does not endorse these third-party services and is not responsible for their products or services.
2.6 Ownership
2.6.1 The Services and all associated rights are the property of Taxiwaala or its licensors. These Terms do not grant you any rights in or to the Services beyond the limited license provided, nor any rights to use Taxiwaala’s names, logos, trademarks, or service marks.
Your Use of the Services
3.1 User Accounts
3.1.1 To use most Services, you must register and maintain an active personal user account (“Account”). You must be at least 18 years old to create an Account. Registration requires you to provide personal information such as your name, address, phone number, and email. You agree to maintain accurate information in your Account, and failure to do so may result in the inability to use the Services or termination of your Account. You are responsible for all activity under your Account and agree to keep your password secure. Unless otherwise permitted in writing, you may only have one Account.
3.1.2 You may also register as a Sales Partner in different roles, such as affiliate partner, travel agent partner, or API partner, to generate business for Taxiwaala in exchange for a sales commission. These Terms apply to both Sales Partners and end users using Services through Sales Partners.
3.2 User Requirements and Conduct
3.2.1 The Services are not available to individuals under 18 years old. You may not allow others to use your Account, and minors cannot receive transportation services unless accompanied by you. You agree to comply with all laws while using the Services and use them only for lawful purposes (e.g., no unlawful or hazardous materials). The Services are to be used for the specified destinations only, and you cannot demand additional destinations or compensation if the included kilometers are not fully utilized. For outstation trips, only specified locations are included. You must pay the full trip price even if you end the trip early. For one-way trips, only one pickup and drop-off are included, with additional stops incurring extra charges. Air conditioning (AC) may be turned off in hilly areas or as required. You will not cause any nuisance, annoyance, inconvenience, or property damage to the third-party provider or others while using the Services. Smoking, alcohol, and narcotics are strictly prohibited.
3.2.2 You cannot determine or classify the Services based on fuel type, car model/brand, or registration number. Any suitable car can be provided for Sedan or SUV categories. AC is not guaranteed for Tempo Traveller vehicles. Taxiwaala will ensure that the Services comply with applicable laws and are safe. Luggage is allowed as per current safety standards. In some instances, you may be asked to provide proof of identity, and refusal may result in denial of access to the Services.
3.2.3 Taxiwaala does not discriminate based on religion, caste, gender, age, etc. Cancellation or refund requests on these grounds will not be entertained, and cancellations for such reasons will result in forfeiture of the full advance payment.
3.2.4 Requests for cancellation, refund, or compensation based on the conduct of third-party providers will not be considered unless the conduct violates the law.
Payment
4.1 You acknowledge that using the Services may result in charges for the services or goods you receive from a Third Party Provider (“Charges”). Once you receive these services or goods through the Service, Taxiwaala will facilitate payment of the applicable Charges on behalf of the Third Party Provider, acting as the limited payment collection agent for the Third Party Provider. Your payment of the Charges in this manner will be treated as payment made directly by you to the Third Party Provider. Charges will include applicable taxes where required by law. Payments made by you are final and non-refundable unless otherwise decided by Taxiwaala at its sole discretion. You may request a lower Charge from a Third Party Provider for services or goods received at the time they are provided. Taxiwaala will accommodate any requests from the Third Party Provider to modify the Charges but is not obligated to honor them.
4.2 All Charges are due immediately upon service, and payment will be processed by Taxiwaala as the Third Party Provider’s limited payment collection agent. A receipt will be sent to you by email after the payment is processed.
4.3 Taxiwaala reserves the right, at its sole discretion, to establish, remove, or revise Charges for any services or goods obtained through the Services. You agree that Charges may significantly increase in certain geographic areas during periods of high demand. Taxiwaala will make reasonable efforts to inform you of Charges that may apply; however, you are responsible for all Charges incurred through your Account, regardless of your awareness of those Charges. Taxiwaala may occasionally offer promotional discounts to select users, leading to different rates for similar services or goods. Unless such offers are also available to you, they will not affect the Charges applied to you. Any funds added to your wallet or vouchers provided by Taxiwaala as part of promotional offers or discounts will only be used against advance booking amounts and not the total trip cost. Taxiwaala reserves the right to cancel discounts at any time. You may choose to cancel your service request before your order is confirmed or advance payment is made. In such cases, the advance payment will not be refunded, and a cancellation fee may apply.
4.4 This payment structure is intended to compensate the Third Party Provider fully for the services or goods provided. Taxiwaala does not designate any part of your payment as a tip or gratuity for the Third Party Provider, except when requesting taxicab services through the Application. Any communication by Taxiwaala indicating that tipping is “voluntary,” “not required,” or “included” is not intended to suggest additional payments beyond those mentioned. While you are free to give additional payment as a gratuity to the Third Party Provider, you are not obliged to do so. After receiving services or goods, you will have the opportunity to rate your experience and provide feedback on the Third Party Provider.
4.5 Taxiwaala disclaims liability for situations where the driver or Third Party Provider demands additional money during the ride without adjusting it within the specified amount, or if the Third Party Provider or driver demands payment before you board the vehicle and then cancels the ride. You must not pay anything to the Third Party Provider or driver before starting the ride. Taxiwaala is not responsible for any extra payments made to the driver beyond the communicated amount.
4.6 Taxiwaala and the Third Party Provider are not responsible for interstate taxes, such as MCD Toll Tax, Central or State Toll Tax, or parking tickets incurred during the ride. You are responsible for collecting all such receipts from the Third Party Provider. Taxiwaala is not responsible for providing receipts or invoices for payments not included in the trip package that must be paid directly by you (e.g., toll taxes, state taxes, parking fees). If the Third Party Provider pays tolls using FastTag, it is your responsibility to request a confirmation of the debit amount.
4.7 You must pay the full trip package price if you choose to shorten your trip (e.g., by returning earlier than planned) or if the kilometers included in the package are not fully utilized. You cannot request a reduction in price or compensation, such as cashback or vouchers, or use the Service for additional destinations not included in the initial itinerary.
4.8 Additional charges apply if a round trip extends beyond midnight on the scheduled return date. You will be charged Rs. 250 per hour from 12 AM to 3 AM. If the extension goes beyond 3 AM, you will be liable for the full next-day charge (i.e., 250 kilometers multiplied by the extra per-kilometer fare).
4.9 Charges for the add-on service “Upgrade to Refundable Booking” are non-refundable under any circumstances. For example, if the cab fare is Rs. 10,000 and the cost of “Upgrade to Refundable Booking” is Rs. 500, only the cab fare (Rs. 10,000) is refundable upon cancellation prior to 6 hours before departure, while the add-on fee (Rs. 500) is not.
4.10 In the event that any Add-on service is not rendered for any reason, only the charge for that specific Add-on service will be refunded. Other charges, such as the trip price or charges for additional services, will not be refundable.
4.11 Repair or Cleaning Fees
4.11.1 You are liable for the costs associated with any damage or necessary cleaning of Third Party Provider vehicles and property that exceed normal “wear and tear” due to your use of the Services associated with your Account. If a Third Party Provider reports the need for repairs or cleaning and this request is validated by Taxiwaala at its reasonable discretion, Taxiwaala reserves the right to facilitate the payment for the reasonable costs on behalf of the Third Party Provider. Such costs will be transferred to the relevant Third Party Provider and are non-refundable.
4.11.2 If you are traveling with pets, the Third Party Provider may charge you an additional fee of ₹800 for small vehicles (hatchbacks, sedans), ₹1000 for larger vehicles (SUVs, Innovas), and ₹2000 for tempo travelers.
4.12 Sales Partner Commission
4.12.1 Taxiwaala reserves the right to modify the commission percentage at any time.
4.12.2 Only completed trip commissions will be deemed eligible for payout, as commissions may be reversed in the event of a trip cancellation.
4.12.3 A minimum withdrawal limit of ₹2000 applies. Commission amounts will be paid only when they exceed this minimum limit.
4.12.4 You are required to provide your PAN card for commission payout purposes to ensure tax deductions are managed. The name on the PAN card must match the name on the bank account to which the commission will be paid, and this is mandatory for the commission payout.
5. Disclaimers; Limitation of Liability; Indemnity
5.1 Disclaimer
5.1.1 The services are provided on an “as is” and “as available” basis. Taxiwaala disclaims all representations and warranties, both express and implied, not explicitly stated in these terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Taxiwaala makes no guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any goods or services requested through the use of the services, nor that the services will be uninterrupted or error-free. Taxiwaala does not guarantee the quality, suitability, safety, or capability of Third Party Providers. You acknowledge that the entire risk arising from your use of the services and any requested goods or services remains solely with you, to the maximum extent permitted by applicable law.
5.2 Limitation of Liability
5.2.1 Taxiwaala will not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage, related to or resulting from your use of the services, even if Taxiwaala has been informed of the possibility of such damages. Taxiwaala will not be liable for any damages, liabilities, or losses arising from: (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 Taxiwaala has been made aware of the possibility of such damages. Taxiwaala will not be liable for any delays or failures in the performance of services for any reason. You understand that third-party transportation providers offering transportation services may not be professionally licensed or permitted. In no event shall Taxiwaala’s total liability to you regarding the services exceed ₹500 only.
5.2.2 Taxiwaala’s services may be utilized by you to request and schedule transportation services with Third Party Providers, but you agree that Taxiwaala holds no responsibility or liability to you regarding any transportation services provided to you by Third Party Providers, except as expressly stated in these terms. Taxiwaala shall not be liable for negligence concerning Covid-19 guidelines or any directives issued by Union Territories, States, or the Central Government by Third Party Providers or their drivers.
5.2.3 Taxiwaala will not be responsible for obtaining any passes, permits, or medical test reports, including COVID-19 test results, necessary for travel for both customers and drivers. You are responsible for arranging these at your own expense.
5.2.4 We encourage you to exercise your judgment when using our services and recommend not utilizing the service if it does not align with your expectations. Always verify that the vehicle and driver correspond to the identification details (driver’s license, driver’s name, and vehicle license plate) provided. It is your responsibility to confirm that the vehicle and driver match the information given by Taxiwaala before your ride. Should you choose to ride with a different driver or vehicle than those screened by Taxiwaala, you will be solely responsible for any consequences, whether direct or indirect, and liable for damages amounting to no less than ₹10,000 (Rupees Ten Thousand Only), payable to Taxiwaala. Taxiwaala will not intervene in any disputes in such instances, and any advance payment made will not be refunded. However, you may incur a cancellation fee equivalent to the entire advance amount paid if you cancel a trip after being matched with a driver (Third Party Provider).
5.2.5 Taxiwaala will not be responsible for any missed trains, flights, events, or delays as the Service is subject to many factors beyond Taxiwaala’s control. Taxiwaala’s “Cancellation and Refund policy” will remain applicable under such circumstances.
5.2.6 The Third Party Provider and Driver may be assigned to you shortly before the scheduled departure time.
5.2.7 In the event of a delay of more than 30 (thirty) minutes beyond the scheduled pickup time due to your provision of correct pickup location details, Taxiwaala will only endeavor to connect you with the assigned Third Party Provider or Driver and will not be liable for any refund of the advance payment made for the booking.
5.2.8 Taxiwaala will not consider any complaints submitted more than 3 business days after the expected completion time of the ride.
5.2.9 The Company reserves the right to terminate any booking of cabs made by you at any time.
5.2.10 Taxiwaala will not be liable for any damages resulting from the use or inability to use the Site, including damages caused by improper use of the Site, incorrect call center numbers, network issues, malware, viruses, or any inaccuracies or incompleteness of the Information or the Application.
5.2.11 A maximum of 2 bags is permitted in small cars (Sedans), and a maximum of 4 bags is allowed in larger vehicles (e.g., SUVs, Innovas). Each bag must not exceed a total dimension of 158 cm (62.2 inches) in length + width + height and a maximum weight of 32 kg.
5.2.12 You assume full responsibility for your belongings and luggage. In the case of lost items left in the Vehicle during the journey, Taxiwaala will attempt to locate the items on a “best-effort” basis but is not responsible for any loss or damage. If you leave any items in the Vehicle or have any complaints about the Services or the Vehicle’s use, you must notify Taxiwaala in writing within 24 (twenty-four) hours after using the Vehicle or the Services. If found, you will be informed of the Taxiwaala or Third Party Provider office from which you can collect it after 3 (three) working days from when you were informed. Taxiwaala will not be responsible for returning items to you. If requested, Taxiwaala may deliver the misplaced items to you after 3 (three) working days from when you were informed, provided the delivery location is within 20 kilometers from the Taxiwaala office. A flat fee of ₹500 (Rupees Five Hundred Only) will be charged for such delivery.
5.2.13 Taxiwaala does not guarantee the complete sustainability of its Service and will not be held liable for any issues related to it.
5.2.14 Taxiwaala will not be responsible for any loss of communication or information regarding status updates and benefits under the program. All such information will be sent to the mobile number and/or email address registered with Taxiwaala. Taxiwaala will not be liable for the accuracy of the mobile or email or any other communication medium. You are responsible for promptly reporting any errors in the information sent to you concerning booking confirmation.
5.3 Indemnity
5.3.1 You agree to indemnify and hold Taxiwaala and its officers, directors, employees, and agents harmless from any claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or related to: (i) your use of the Services or any goods or services obtained through the Services; (ii) your breach or violation of any of these Terms; (iii) Taxiwaala’s use of your User Content; or (iv) your infringement of the rights of any third party, including Third Party Providers.
6. Governing Law; Arbitration
6.1 These User Terms are governed by the laws of India. Any dispute, claim, or controversy arising out of or related to these User Terms, including any breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site, Service, or Application (collectively referred to as “Disputes”), shall first be attempted to be resolved amicably through negotiation and consultation at the designated offices of Taxiwaala. If the dispute remains unresolved after 30 (thirty) days of good faith negotiation, it shall proceed to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. In the event that the Arbitration and Conciliation Act, 1996 is no longer in effect, any applicable law regarding arbitration in force at the time shall apply. Each party to the dispute shall appoint one arbitrator, and the two arbitrators shall then appoint a third or presiding arbitrator. The venue for arbitration shall be New Delhi, Delhi, India. All disputes shall fall under the exclusive jurisdiction of the Tis Hazari courts in New Delhi, Delhi, India.
7. Other Provisions
7.1 Claims of Copyright Infringement
7.1.1 Any claims regarding copyright infringement should be directed to Taxiwaala. For the appropriate address and additional information, please visit Taxiwaala’s official webpage.
7.2 Notice
7.2.1 Taxiwaala may provide notice to you via general announcements on the Services, electronic mail to the email address associated with your Account, text messages (SMS) to your mobile number registered in your Account, or written communication sent to the address specified in your Account. You may give notice to Taxiwaala through written communication at the following address: Taxiwaala, 2-45, Kotanarava, Gopalapatnam, Pendurthi Mandalam, Visakhapatnam-530027.
7.3 General
7.3.1 You may not assign or transfer these Terms, in whole or in part, without obtaining prior written approval from Taxiwaala. You grant Taxiwaala the right to assign or transfer these Terms, in whole or in part, including to: (i) any subsidiary or affiliate; (ii) any entity acquiring Taxiwaala’s equity, business, or assets; or (iii) any successor through merger. No joint venture, partnership, employment, or agency relationship shall be created between you, Taxiwaala, or any Third Party Provider as a result of this agreement or your use of the Services.
7.3.2 You may not assign or transfer these Terms, in whole or in part, without Taxiwaala’s prior written consent. You consent to Taxiwaala’s right to assign or transfer these Terms, either in whole or in part, including to: (i) any subsidiary or affiliate; (ii) any entity acquiring Taxiwaala’s equity, business, or assets; or (iii) any successor through merger. No joint venture, partnership, employment, or agency relationship shall arise between you, Taxiwaala, or any Third Party Provider due to this agreement or your utilization of the Services.
