1. Contractual Relationship
(the "Services," as more fully defined below in Section 3) made available in the territory of India and its parents,
subsidiaries, representatives, affiliates, officers and directors (collectively, "OVCabs"). PLEASE READ THESE TERMS CAREFULLY,
AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND OVCab. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or
use the Services. These Terms expressly supersede prior agreements or arrangements with you. OVCabs may immediately terminate these Terms or any Services with respect to you, or generally
cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES
WITH OVCAB ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTAND ALL OF
THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
- It is compulsory for OVCAB Drivers and Owner of Vehicle to upload their original documents in Driver Application.
- Responsibility of driver is to collect money from their respective customers.
- OV CAB is going to charge you 10% commission and 5% G.S.T. is total 15%.
OVCab may amend the Terms from time to time. Amendments will be effective upon OVCabs posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If OVCab changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing OVCab written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to us for service of process, 336,Darshan Colony,Nandanvan, Nagpur-440009, or (b) by email from the email address associated with your Account to:firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
OVCabs collection and use of personal information in connection with the Services is described in OVCabs Privacy Statements located at www.ovcab.com
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against OVCab on an individual basis in arbitration, as set forth in this
Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against OVCab, and also preclude you from participating in or
recovering relief under any current or future class, collective, consolidated, or representative action brought against OVCab by someone else.
Agreement to be binding Arbitration between You and OVCab.
You and OVCab agree that any dispute, claim or controversy arising out of or relating to
- these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof
- your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and OVCab, and not in a court of law. Notwithstanding the foregoing,
where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration.
OVCab agrees to honour your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision
(including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.
You acknowledge and agree that you and OVCab are each waiving the right to a civil or criminal case. Unless both you and OVCab otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class,
collective, consolidated, or representative proceeding. However, you and OVCab each retain the right to bring an individual action in civil court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to
prevent the actual or threatened infringement,
misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
- Rules and Governing Law.
The arbitration will be administered by The Arbitration and Conciliation Act 1996 in effect, except as modified by this Arbitration Agreement.
The parties agree that the arbitrator ("Arbitrator"), and not any local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement,
including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all issues, including issues relating
to whether the Terms are unconscionable or illusory and any defence to arbitration, including waiver, delay, latches, or estoppels.
Not with standing any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement is bound and governed by The Arbitration and Conciliation Act 1996. It is the intent of the parties that The Arbitration and Conciliation
Act 1996 Rules shall pre-empt all other laws to the fullest extent permitted by law. If The Arbitration and Conciliation Act 1996 is found to not apply to any issue that arises under
this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the other Indian laws in Nagpur Jurisdiction.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in The Arbitration and Conciliation Act 1996.
- Location and Procedure.
If your claim does not exceed Rs.10, 000, then the arbitration will be conducted solely on the basis of documents you and OVCab submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds Rs.10, 000, your right to a hearing will be determined by
The Arbitration and Conciliation Act 1996. Subject to Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator's Decision.
The Arbitrator will render an award within the time frame specified in The Arbitration and Conciliation Act 1996. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favour of the claimant
and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppels effect.
Your responsibility to pay The Arbitration and Conciliation Act 1996 filing, administrative and arbitrator fees will be solely as per act.
Not with standing the provisions above, regarding consent to be bound by amendments to these Terms, if OVCab changes this Arbitration Agreement after the date you first agreed to the Terms
(or to any subsequent changes to the Terms), you may reject any such change by providing OVCab written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either
- by mail or hand delivery to our registered office at ------, c/o OVCab
- by email from the email address associated with your Account to: --------@OVCab.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement.
By rejecting changes, you are agreeing that you will arbitrate any dispute between you and OVCab in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
- Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason
- the unenforceable or unlawful provision shall be severed from these Terms
- severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration
Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement
- to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of
competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule transportation, logistics and/or delivery services,
including with third party providers of such services under agreement with OVCab or certain of OVCabs affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers.
Unless otherwise agreed by OVCab in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH OVCAB AS A PROVIDER OF TRANSPORTATION, LOGISTICS
OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, OVCab grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to:
- access and use the Applications on your personal device solely in connection with your use of the Services
- access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use.
Any rights not expressly granted herein are reserved by OVCab and OVCabs licensors.
You may not:
- 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 OVCab;
- 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
- attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- Provision of the Services.
You acknowledge that portions of the Services may be made available under OVCabs various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as OV Cab – Economy, OV Cab - Premium. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
- certain of OVCabs subsidiaries and affiliates
- independent Third Party Providers, including Transportation Network Company drivers, Transportation Permit holders or holders of similar transportation permits, authorizations or licenses.
- Third Party Services and Content.
event shall OVCab be responsible or liable for any products or services of such third party providers. Additionally, Telecom service providers, internet service providers, GPS service providers will be a third-party beneficiary to this contract if you access the Services using various Applications supported by them. These third party beneficiaries are
not parties to this contract 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.
The Services and all rights therein are and shall remain OVCabs property or the property of OVCabs licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
- in or related to the Services except for the limited license granted above
- to use or reference in any manner OVCabs company names, logos, product and service names,
trademarks or services marks or those of OVCabs licensors.
4. Access and Use of the Services
- User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account").
You must be at least 18 years of age, to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to OVCab certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by OVCab.
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 or use the Services. 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 OVCab in writing, you may only possess one Account.
- User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless
they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes
(e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked
to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
- Text Messaging and Telephone Calls.
You agree that OVCab may contact you by telephone or text messages (including by an automatic telephone dialling system) at any of the contact details provided by you or on your behalf in connection with
an OVCab account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from OVCab at any time,
by contactingOVCab.com helpdesk.
- User Provided Content.
OVCab may, in OVCabs sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to OVCab through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests,
and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to OVCab, you grant OVCab a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use,
copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and OVCabs business and on third-party sites and services),
without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
- you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant OVCab the license to the User Content as set forth above
- neither the User Content, nor your submission, uploading, publishing or
otherwise making available of such User Content, nor OVCabs use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual
property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by OVCab in its sole discretion, whether or not such material may be protected by law. OVCab may, but shall not be obligated to, review, monitor, or remove
User Content, at OVCabs sole discretion and at any time and for any reason, without notice to you.
- Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. OVCab does not guarantee that the Services, or any portion thereof, will function on
any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive ("Charges"). OVCab will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services.
Charges will be inclusive of applicable taxes where required by law. Charges may include other
applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or other fees for split payments
All Charges and payments will be enabled by OVCab using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that OVCab may use a secondary payment method in your Account,
if available. Charges paid by you are final and non-refundable, unless otherwise determined by OVCab.
As between you and OVCab, OVCab reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in OVCabs sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. OVCab will make reasonable efforts to inform you of Charges that may apply,
provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. OVCab may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional
offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services, you will have the opportunity to rate your experience
and leave additional feedback. OVCab may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and OVCab will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider
at the time you receive such services, and Charges you incur will be owed to the Third Party Provider. OVCab will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services obtained in connection with your
use of the Services. In all other cases, Charges you incur will be owed and paid directly to OVCab, where OVCab is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from OVCab for services or goods received by you from a Third Party Provider at the time you receive such services and OVCab will respond accordingly
to any request from you to modify the Charges for a particular service. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
Repair, Cleaning or Lost and Found Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property, resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by OVCab in OVCabs reasonable discretion, OVCab reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to
lost and found goods, will be transferred by OVCab to a Third Party Provider, if applicable, and are non-refundable.
6. Disclaimers,Limitation of Liability,Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OVCAB 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, OVCAB MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OVCAB 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 REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY.
OVCAB 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, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF OVCAB, EVEN IF OVCAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OVCAB 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
- ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF OVCAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OVCAB SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OVCAB'S REASONABLE CONTROL.
YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER
RIDESHARING OR PERSONALISED TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT OVCAB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF LEGAL PROVISIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH CASES, OVCAB’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON OVCAB’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold OVCab and its affiliates and their 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:
- your use of the Services or services or goods obtained through your use of the Services
- your breach or violation of any of these Terms
- OVCab's use of your User Content
- your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions
- Choice of Law.
These Terms are governed by and construed in accordance with the laws of the India and Nagpur as Jurisdiction, without giving effect to any conflict of law principles,
except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable.
OVCab may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided
in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have
been given upon the expiration of 48 hours after mailing or posting. You may give notice to OVCab, with such notice deemed given when received by OVCab, at any time by mail or registered
post to our registered office.
You may not assign these Terms without OVCabs prior written approval. OVCab may assign these Terms without your consent to:
- a subsidiary or affiliate;
- an acquirer of OVCabs equity, business or assets
- a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership,
employment, or agency relationship exists between you, OVCab or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. OVCabs failure to enforce any
right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OVCab in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.