TERMS OF USE
1. GENERAL INFORMATION; ACCEPTANCE OF TERMS
Welcome to ARUNODAYA CABS. We are glad you have decided to visit our website and look forward to your involvement with the ARUNODAYA CABS for purchasing our services on cabs, taxis, individual or business travel vehicles and outstation travel vehicles.

Before you begin using our Site or delve into the services and content available on our Site, please take a moment to review these “Terms of Use”, which represent an agreement between you and ARUNODAYA CABS (“ARUNODAYA CABS”, also referred to in these Terms of Use as “we”, “us”, or “our”).

BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING OUR USE OF YOUR INFORMATION AS PROVIDED BELOW AND IN THE ARUNODAYA CABS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, INCLUDING OUR USE OF YOUR INFORMATION, YOU SHOULD IMMEDIATELY CEASE YOUR ACCESS AND USE OF THE SITE.

You have a right to understand the way ARUNODAYA CABS collects and uses information provided by you or your computer to the Site. You should read our Privacy Policy before using the Site or contacting us through the Site. The Privacy Policy is incorporated into these Terms of Use and applies to your access to and use of the Site.

PLEASE KNOW THAT ARUNODAYA CABS MAY AMEND THESE TERMS OF USE AND THE ARUNODAYA CABS PRIVACY POLICY AT ANY TIME.UPDATED TERMS OF USE THAT INCLUDE AMENDMENTS WILL BE POSTED ON THIS SITE UNDER THE TAB “TERMS OF USE;” THE UPDATED PRIVACY POLICY THAT INCLUDES AMENDMENTS TO THE SITE’S PRIVACY POLICY WILL BE POSTED UNDER THE TAB “PRIVACY POLICY.” IF YOU CONTINUE TO USE THE SITE AFTER AN AMENDMENT IS POSTED ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THAT AMENDMENT. THEREFORE, YOU SHOULD REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY EACH TIME YOU USE THE SITE. WE ALSO ENCOURAGE YOU TO PRINT OUT A COPY OF THESE TERMS OF USE AND PRIVACY POLICY FOR REVIEW AND REFERENCE.

If any practice covered by these Terms of Use is prohibited by the law of any jurisdiction in Banglaore, it is automatically void and unenforceable.

2. ELIGIBILITY TO USE THE SITE
2.1 Minimum Requirements. In order to use the Site, you must: (a) be a natural person, at least 18 years old and able to form a legally binding contract under applicable law; and (b) reside in a jurisdiction where use of the Site is permitted.

2.2 Monitoring Location. ARUNODAYA CABS reserves the right to monitor the location from which you access the Site and to block access from any computer which ARUNODAYA CABS determines, in its judgment, is located in a jurisdiction where use of the Site is prohibited or restricted.

2.3 Denial of Access. Without limiting the foregoing, you understand and agree that we reserve the right to, in our sole discretion, deny access to the Site to any person or entity and that we shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision we might make to deny you access to the Site.

3. ACKNOWLEDGMENT OF PROPRIETARY RIGHTS
3.1 Site Materials. By using the Site, you acknowledge that all information, content and materials contained on the Site (in any form or media, the “Site Materials”) may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by ARUNODAYA CABS, its affiliates or third party content suppliers, vendors, licensors or business partners. Except for third party materials which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Site Materials.

3.2 Trademarks. The trademarks, logos, and service marks displayed on the Site whether or not registered (collectively the “Trademarks”), are Trademarks of ARUNODAYA CABS, its affiliates, subsidiaries, and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Site should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademarks without our written permission or the written permission of the third party that owns the Trademarks.

3.3 Unauthorized Use; Misuse. Your misuse or unauthorized use of any Trademarks or any Site Materials is strictly prohibited. You are hereby advised that we are prepared to aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. We will also reasonably cooperate with any third party alleging that such party’s intellectual property rights have been infringed on the Site and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint. If you believe that a particular Site Material or any Trademarks violate your copyright or trademark or that of a party for whom you are authorized to speak, please follow the notification procedure provided on the Privacy Policy.

3.4 No Hacking, Tampering or Unauthorized Access or Use. You agree that you shall not attempt to: (a) gain unauthorized access to the Site’s systems, (b) interfere with procedures or performance of the Site, (c) deliberately damage or undermine the Site, or (e) commit fraud with regard to the Site. Your violation of any of the terms of this Section 3 may result in your civil and/or criminal prosecution.

4. OTHER SITE RULES
4.1 Compliance with Laws; Personal Responsibility for Compliance. You are subject to all laws and regulations of the state, province and/or country in which you reside and from which you access the Site and you are solely responsible for obeying those laws and regulations. You are solely responsible for your compliance with the Terms of Use set forth in this document.

4.2 Site Activity Monitoring. You understand and agree that ARUNODAYA CABS reserves the right to monitor all Site activity in order to (a) enforce these Terms of Use, (b) maintain and enhance Site performance and offerings, (c) maintain and enhance Site integrity, reputation and user experience, and (d) for other internal business purposes of ARUNODAYA CABS. Without limiting the foregoing, you understand and agree that by accessing and using the Site, you are authorizing ARUNODAYA CABS to review your Site participation in order to investigate complaints against you, allegations of Site Abuse by you, and/or Site activity conducted by you, and to disclose information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation.

4.3 Sanctions. Any violation of any of these Terms of Use may subject you to immediate sanctions (as determined by ARUNODAYA CABS in its sole discretion) including denial of your access to the Site, or prosecution for violations of law.

5. PRIVACY POLICY
Collection of Information by Site. The Site collects both Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“NPII”) such as general demographic and other market information that does not personally identify you. Please see the ARUNODAYA CABS Privacy Policy for an explanation of what PII and NPII is collected from you, how it is used and with whom it is shared.

TERMS AND CONDITIONS TO USE OUR SERVICES

6. The Customer shall ensure that he/she will not indulge in any of the following activities while in a cab, taxi or our other passenger transport vehicles.

6.1. Smoking or consuming any kind of intoxicants inside the cab / vehicle. The driver has the right to refuse the pick-up or ask the customer to alight the cab / vehicle if the customer is found to be in an intoxicated state or is found misbehaving with other passengers or the driver.

6.2. Littering the Cab / Vehicle.

6.3. Soiling or damaging the seats and/or any other interiors of the Cab / Vehicle.

6.4. Misusing, soiling or damaging any of the devices (technical/non-technical) in the Cab / Vehicle.

6.5. Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up or ask such customer(s) to alight the cab / vehicle.

6.6. Asking the driver to board more than 4 adults in the cab or violating the restrictions of number of passenger’s in travel vehicle(s). The rules under which the cab / taxi / passenger vehicle services are provided by the Company, stipulate that a maximum of 4 adult passengers shall be allowed per trip on cab / taxi vehicle and maximum number of passengers on other travel vehicles as governed by the rules of RTO. In view of this, the customer shall not pressurize the driver to allow more than permitted allowed adult passengers in the Cab / Taxi / Other passenger vehicle. The driver has the right to refuse such a pick-up or ask such customer(s) to alight the vehicle.

6.7. Pressurizing the driver to overload the boot space of the cab / taxi with luggage. The customer shall not be allowed to use the seating area of the cab / taxi for placing any kind of luggage.

6.8. Arrive more than 30mins late from the stipulated pick-up time. In case of any emergency(ies), the customer can co-ordinate with the Office centre and amend the booking. The customer at no point in time will pressurize the driver to wait for him/her beyond 30mins of the stipulated pick-up time.

7. The Customer agrees and accepts that the ARUNODAYA CABS will be under no liability or responsibility for any losses or damages arising out of the use of the Services as offered by the ARUNODAYA CABS. The Customers shall be fully responsible of their belongings when travelling on board any of ARUNODAYA CABS cab /taxis / passenger vehicle. In the event they lose/misplace their belongings during a trip with the ARUNODAYA CABS cab / taxi / passenger vehicle, the ARUNODAYA CABS will try its best to locate the belongings, but will not be held responsible for any losses or damages to any of the items.

8. The Customer agrees that the Cab / Taxi / Passenger vehicle in which he/she is travelling will allowed to be tracked using GPS technology. This shall be used for the sole purpose of ensuring the security of the vehicle and its occupants. Some of our vehicle may not have pre-installed GPS tracking system that doesn’t mean we do not care about our passenger safety and security. At any point of time if customer feels uncomfortable with our Cab / Taxi / Passenger vehicles or with the driver, such customer can contact ARUNODAYA CABS to arrange alternative vehicle or driver (only under city limits).

9. The Company cannot be held liable inter alia for any of the following reasons:
9.1. For booking requests made at the office centre and on the website, which are subject to availability of cabs;

9.2. For any direct or indirect loss/damage which may be suffered by the Customer as a result of non-fulfilment of the booking requests made at the office centre and on the website or any other booking channel authorized by the Company

9.3. For any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by The ARUNODAYA CAB to provide a cab / taxi / other passenger travel vehicle to the Customer within any stipulated time.

9.4. For any direct or indirect loss or damage which may be suffered by the Customer as a result of computer breakdown or failure of telecommunications networks preventing access to online services;

9.5. For any direct or indirect loss or damage which may be suffered by the Customer as a result of strikes and demonstrations by the drivers of the Cabs;

9.6. For any direct or indirect loss or damage which may be suffered by the Customer as a result of bad weather;

9.7. For any direct or indirect loss or damage which may be suffered by the Customer as a result of traffic congestion;

9.8. For any direct or indirect loss or damage which may be suffered by the Customer as a result of any accidents;

9.9. For any direct or indirect loss or damage which may be suffered by the Customer as a result of failure of the driver to turn up to pick up the Customer;

9.10. For any direct or indirect loss or damage which may be suffered by the Customer as a result of force majeure events.

9.11. For transactional messages sent on mobile numbers provided to us during booking; which might be listed on any/all Do Not Call registries.

9.12. For failure to provide infotainment or any other services inside the cab, advertised or offered in any form of communication, as this is a complimentary value addition and not mandatory from RTO.

10. The Customer shall always pay cab / taxi fares (as displayed in the meter or as on fixed rate charges), waiting charges, parking charges, additional night surcharge and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the cab / taxi services, without any demur or protest. The toll charges will be payable by customer as applicable, only when the customer is travelling in Cab / Taxi & crosses the toll post, without any demur or protest. Any payment & Service Tax made is non-refundable. At the end of the trip, we will facilitate for you to receive a copy of the invoice on your registered e-mail account with the ARUNODAYA CABS on request basis.

11. The ARUNODAYA CABS, is entitled to cancel/terminate the cab bookings done by a particular Customer/corporate client, with or without prior notice

12. INDEMNITY: The Customer undertakes and agrees to indemnify the ARUNODAYA CABS, and keep the ARUNODAYA CABS indemnified from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnify basis) claims, demands, actions and proceedings which The ARUNODAYA CABS may incur or sustain directly or indirectly from or by any reason of or in relation to the use or purposed use of Services and shall pay such sums on demand.

13. COPYRIGHT: All intellectual property rights subsisting in the contents of this website belong to The ARUNODAYA CABS and/or the respective third party proprietors identified in this website. These works on this site are protected by copyright laws and/or other laws. Therefore, no part of parts hereof may be reproduced, broadcast or transmitted in any manner of by any means or stored in an information retrieval system without the written permission of The ARUNODAYA CABS.

14. Governing Law and Jurisdiction: The validity of these terms and conditions shall be governed and in force in accordance with the laws of India and the Courts in Bangalore shall have exclusive jurisdiction.

15. DISCLAIMER: The ARUNODAYA CABS website is continuously updated and checked for inaccuracies, omissions and inconsistencies. However, even with the greatest care, inaccuracies, omissions and inconsistencies may occur. ARUNODAYA CABS does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. ARUNODAYA CABS does not represent or warrant that the information and content on this site, or the facilities that make it available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to this site will be uninterrupted or that your transmissions will be processed in a timely manner. ARUNODAYA CABS is not liable for any loss or damage arising from the use of this content and information.

16. In case of airport drops; Keeping in mind the importance of the customer’s time and itinerary; For scenarios wherein there are no cabs available in the customer’s vicinity, the company reserves the right to cancel the booking 15-30 MINUTES prior to the stipulated PICK-UP TIME. This is with the objective to allow the customer sufficient time to arrange for an alternative mode of transport.

17. Cancellation & Refund.
17.1. Customer may cancel the booking anytime prior to travelling by informing ARUNODAYA CABS with cancellation reason.

17.2. The Company never charge any cancellation fees.

17.3. Since we dont take payments in advance, we dont provide refunds, all the payments are taken after the completion of trip as per amount shown in the Fare Meter / As given estimation on fixed charges.

18. NO WARRANTY; LIMITATION ON LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND SITE MATERIALS ARE AT YOUR OWN RISK. THE SITE AND SITE MATERIALS ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT ARUNODAYA CABS DOES NOT WARRANT NOR REPRESENT THAT: (A) THAT THE SITE OR SITE MATERIALS WILL OPERATE CORRECTLY OR ERROR-FREE OR WITHOUT INTERRUPTION, (B) THAT THE SITE OR SITE MATERIALS ARE ACCURATE, COMPLETE, FREE FROM VIRUSES OR FREE FROM INFRINGEMENT, OR (C) THAT YOUR USE OF THE SITE OR SITE MATERIALS WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, WHICH YOU OR SUCH THIRD PARTY MY INCUR AS A RESULT OR ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE SITE OR SITE MATERIALS, DAMAGES TO USERS’ SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.

Without limiting the foregoing, you understand and agree that neither ARUNODAYA CABS, nor its affiliates and subsidiaries, are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site.

19. INDEMNIFICATION
By using the Site, you hereby agree to indemnify, defend, and hold ARUNODAYA CABS and the employees, officers, directors, members, agents, content providers, licensors, licensees, distributors, and agents of ARUNODAYA CABS, including its affiliates and subsidiaries, harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by such parties in connection with or arising directly or indirectly from your use of the Site, whether or not in compliance with these Terms of Use.

20. MISCELLANEOUS PROVISIONS
20.1. Changes to Terms of Use. As stated above, ARUNODAYA CABS may, from time to time and at any time, amend these Terms of Use in whole or part, in its sole discretion. ARUNODYA CABS reserves the right to implement the amendment immediately upon posting, without prior notice. Any changes to these Terms of Use will be effective as of the date indicated at the top or bottom of these Terms of Use. Depending on the materiality of the change, ARUNODAYA CABS may announce the change (1) on the home page of the Site, or (2) provide such notice via email to you. By continuing to use the Site, you will be deemed to have agreed to such changes.

20.2. Dispute Resolution by Binding Arbitration and Choice of Law. THIS SECTION AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND ARUNODAYA CABS MUST BE RESOLVED THROUGH BINDING ARBITRATION, WITH SOLE AND EXCLUSIVE VENUE IN BANGALORE JURISDICTION, INDIA. THESE TERMS OF USE ARE GOVERNED BY THE LAWS OF INDIA, IRRESPECTIVE OF ANY PRINCIPLES OF CONFLICTS OF LAW.

Most user concerns can be resolved quickly by contacting us. In the unlikely event that we are unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute with you after attempting to do so informally), you and ARUNODAYA CABS agree to resolve those disputes through binding arbitration, rather than proceeding in a court of general jurisdiction. You and ARUNODAYA CABS further agree that each party can bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration based on your use of the Site will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. Moreover, in arbitration you are entitled to recover attorneys’ fees from to at least the same extent as you would be entitled to in court.

20.3. Entire Agreement; Construction. These Terms of Use, including the terms of the ARUNODAYA CABS Privacy Policy which is incorporated by reference herein, and other rules and provisions detailed in writing on the Site, constitute the entire agreement between you and ARUNODAYA CABS and can only be modified by ARUNODAYA CABS. To be clear, these Terms of Use cannot be modified by you or any other individual, whether or not such individual claims affiliation with ARUNODAYA CABS. If any provision in these Terms of Use is deemed void or unenforceable, then that provision shall be deemed severed from the other provisions which shall not be affected by such severance and shall continue in full force and effect.

Effective Date: June 1, 2016