This Application is operated by KEN’S CABS PVT LTD.
These terms and conditions (“User Terms”) apply to Your visit to and use of the Application through a mobile phone, as well as to all information, recommendations and or services provided to You on or through the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE APPLICATION. IF YOU DO NOT ACCEPT ANY OF THE USER TERMS, THEN PLEASE DO NOT USE THE APPLICATION OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND KEN’S IN RESPECT OF THE USE AND SERVICES OF THE APPLICATION.
All of the defined and capitalized terms in these Terms and Condition will have the meaning assigned to them here below:
- “Account” shall mean the account created by the Cabbie on the Application for availing the Services provided by KEN’S.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
- “Application” for purposes these User Terms shall mean a dashboard provided to the Cabbie to keep a tab on his earnings, Drivers and/or Vehicles, and such other information, as may be updated by KEN’S from time to time.
- “Driver” shall mean and include such individuals appointed as an employee and trained by the Cabbie to provide transportation services to the users of the Portal.(Note: For behave/misbehave of the driver, the Ken’s is not liable in any condition. Ken’s is also not vicariously liable for any negligence done by the driver)
- “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of KEN’S.
- “KEN’S” or “us” shall mean KEN’S CABS, PRIVATE LIMITED firm and having its registered office at 215, 2nd floor, Pramukh Arcade 2 kudasan, Gandhinagar-382420, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
- “Operator / Cabbie / You” means a person who has an account on the Portal and who has entered into a master services agreement or master subscription agreement, as the case may be, with us for providing transportation services to the users of the Portal.
- “Portal” means online market place called “KEN’S CABS”, an online booking platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by KEN’S that lists and aggregates the transport service providers.
- “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by KEN’S from the Cabbie from time to time for registration on the Application.
- “Service(s)” means the provision of Driver and/or Vehicle and/or earnings related information through the Application, as elaborated in Clause 4(a).
- “Vehicle” shall mean a motorcar or motor cab as defined under the Motor Vehicles Act, 1988.
You will be “Eligible” to use the Services only if you have entered into a master services agreement or master subscription agreement, as the case may be, with us.
We may collect certain Personal Information from You as well as drivers employed by You to provide transport services. ‘Personal Information' is data that can be used to identify a person ("Personal Information") including:
- Your full name, address, email address, telephone number, date of birth and any proof of Your identity and/or address that We may request;
Details of any bank account (including but not limited to, account holder, account name, account number, available balance and transaction history of Your bank account) or any other income documents as necessary by Us;
- Surveys that You complete through the Site or based on Our request;
Other details as set out below-
- Your visits to Our Site;
- Messages – read your sent and received text messages;
- Phone directory – directly call phone numbers from your directory and read your phone status and identity;
- Photos / media / files – read the content of USB storage and modify and delete content from your USB storage;
- Storage - read the content of USB storage and modify and delete content from your USB storage;
- Contact Directory;
- Camera – take pictures and videos;
- Device ID and Location – read phone status and identity;
- View network connections;
- Full network access;
- Location data - approximate as well as precise location;
- Web logs and other communication data, whether this is required for Our own purposes or otherwise and the resources that You access whilst visiting Our Site.
REGISTRATION AND ACCOUNT
- You understand and acknowledge that You can register on the Application only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
- You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. KEN’S shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
- You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. KEN’S shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
- You hereby represent that you are not registered with the National Do Not Call Registry, and expressly consent to receive communications including promotional content from Us through Your registered phone number and/or e-mail id.
- We reserve the right to suspend Your Account with immediate effect for an indefinite period or terminate Your Account with immediate effect, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or upon termination of the master services agreement or master subscription agreement, as the case may be, executed between You and Us, or for any other reason KEN’S may find just or equitable.
- Except for the Registration Data or any other data submitted by You during the use of any other service offered through Application (“Permitted Information”), KEN’S does not want You to, and You should not, send any confidential or proprietary information to KEN’S on the Application or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to KEN’S other than the Permitted Information will not be considered confidential or proprietary.
- It is Your responsibility to check and ensure that You download the correct application for Your device. KEN’S is not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. KEN’S reserves the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
- KEN’S allows You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us on Cabbie care (customer care to address Cabbie’s grievances) or, raise an issue from the support section in the Application.
- In case You are unable to access Your Account, on Cabbie care (customer care to address Cabbie’s grievances) or, raise an issue from the support section in the Application. We will not be liable for any unauthorized activity made through Your Account prior to the expiry of 72 (seventy two) hours after, and shall not have any liability in case of Force Majeure Event.
You will be “Eligible” to use the Services only if you have entered into a master services agreement or master subscription agreement, as the case may be, with us.
- KEN’S offers information relating to earnings of the Cabbie, Vehicles attached on the Portal by the Cabbie and the Drivers, if any, who are Cabbie’s employees / agents. Access to the Application shall enable the Cabbie to manage his business, check his earnings, locate his Vehicles at real time, figure out the performance and earnings of his Vehicles and Drivers, if any, know the login hours of Drivers and manage his fleet of Vehicles. The Application may also provide such additional Services to the Cabbie as determined by KEN’S from time to time. All Services provided by KEN’S to You by means of Your use of the Application and all the features available on the Application for Your use are hereinafter referred to as the “Service”. KEN’S will store the information provided or record your calls for contacting You for all Service related matters. You shall promptly inform KEN’S on any change in the information provided by You.
- Presently KEN’S does not charge any fee for browsing the Application or availing any Services thereof. However, in the event KEN’S decides to impose any such fee, whether for the use of the Application on the whole or some limited features therein, it shall be notified to You by email, a message on Your registered phone number or on the Application. Your continuous use of the Application after such notification shall be deemed to be acceptance of the fee by You. You agree to pay such fee depending on the features used by You, as long as You are registered on the Application.
HOW TO USE THE SERVICE
- The Service allows You to access information relating to your earnings, your fleet of Vehicles, details and performance of your Drivers, if any, etc. You shall register / sign up on the Application by providing such details as required to be provided in the Application, following which You shall be able to avail the Service provided to You by KEN’S.
- KEN’S shall provide a dashboard and support features on the Application for You to avail the Service provided by KEN’S to You.
By using the Application or the Service, You further agree that:
You will only use the Service or download the Application for Your personal use and will not resell or assign it to a third party;
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
- You will not use the Service or Application for unlawful purposes;
- You will not try to harm the Service, Application or our network in any way whatsoever;
- You will provide KEN’S with such information and documents which KEN’S may reasonably request;
- You will only use an authorized network to avail of the Service;
- You are aware that when requesting Services, whether by message, via Application, calling the call centre of KEN’S, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
- You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Application or Service;
- and You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified there under.
- KEN’S reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.
- All issues, opinions, suggestions, questions and feedback while availing the Services may be communicated to us on the address mentioned on the Application.
- Any issue reported on channels other than the above may be addressed by KEN’S only on a best-effort basis. KEN’S takes no liability for inability to get back on other channels.
KEN’S shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed due to any Force Majeure event and in such case KEN’S’s obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
- You agree and undertake to indemnify and to hold harmless KEN’S, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under these User Terms; (ii) any harm to the reputation and goodwill of KEN’S; (iii) any claim of violation of intellectual property of a third party by Your usage of KEN’S’s intellectual property in a manner not permitted under these User Terms; (iv) fraud, negligence and misconduct by You.
- You shall be liable to indemnify and hold KEN’S harmless against all damages, losses, costs and expenses incurred by KEN’S as a consequence of any complaint from any third party received by KEN’S with respect to Your defective usage of the Application.
- In addition to the indemnification rights of KEN’S under these User Terms, KEN’S shall also be entitled to such other remedies available under Applicable Laws.
- The information, recommendations and/or Services provided to You on or through the Application and by our call centre are for general information purposes only and does not constitute advice. KEN’S will endeavor and reasonably keep the Application and its contents correct and up to date but does not guarantee that the Application or its content is free of errors, defects, malware and viruses or that the Application is correct, up to date and accurate.
- KEN’S shall not be liable for any damages resulting from the use of or inability to use the channels of booking, including damages caused by wrong usage of URL, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Application.
- KEN’S does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
- In no event will KEN’S be liable for any losses arising from or in connection with these User Terms, pursuant to any claim by You against KEN’S under contract, tort or otherwise, if such losses could have been avoided by You using reasonable efforts to mitigate them. Further, KEN’S shall also not be liable to You in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in these User Terms, the total cumulative liability of KEN’S to You or to any person claiming under or through it, shall not exceed INR 2000/- (Rupees One Thousand only).
- If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages or death or personal injury, the scope and duration of such warranty exclusions and the extent of the liability of KEN’S shall be the minimum permitted under Applicable Law.
- Subject to Your compliance with these User Terms, KEN’S grants You a revocable, limited non-exclusive, non-transferable, non-sub licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for the Services under these User Terms.
- You shall not (i) sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application.
- You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.
- KEN’S will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. KEN’S may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that KEN’S has no obligation to monitor Your access to or use of the Application, Service or Content, but has the right to do so for the purpose of operating the Application and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. KEN’S reserves the right, at any time and without prior notice, to remove or disable access to any content that KEN’S, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Service or Application.
- Ownership. The Services, the Application and Confidential Information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership (“KEN’S Intellectual Property”), shall remain (as between You and KEN’S) the property of KEN’S. Neither these User Terms, Your access to Services nor Your use of the Application conveys or grants to You any rights: (a) in or related to the Application, except for the limited license granted herein; or (b) to use or reference in any manner KEN’S’s Intellectual Property.
- You agree that You shall not reproduce, transcribe or make any copies of the KEN’S Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such KEN’S Intellectual Property.
TERM AND TERMINATION
- Unless terminated in accordance with this Clause, these User Terms constitute a legally valid and binding agreement between KEN’S and You and is perpetual in nature upon downloading the Application.
- You are entitled to terminate the User Terms at all times by permanent deletion of the Application installed on Your smart phone / tablet, thus disabling the use by You of the Application and the Service.
- These User Terms shall be automatically terminated without any notice or action, if the master services agreement or master subscription agreement, as the case may be, entered by You with us is terminated.
- KEN’S is entitled to terminate the agreement at all times and with immediate effect for convenience without assigning any reason whatsoever. Additionally, KEN’S is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Application and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of KEN’S, misuse the Application or the Service. KEN’S is not obliged to give notice of the termination of the agreement in advance. After termination KEN’S will give notice thereof in accordance with these User Terms.
- Termination of this agreement will not prejudice accrued rights of either KEN’S or You.
- Clauses 8 (Indemnification), 9 (Liability), 10, except 10(a), (Application License), 11 (Contents posted on Application), 12 (Term and Termination), 16 (Notices) and 18 (Applicable Law and Dispute Resolution) shall survive the expiry/termination of these User Terms in accordance with their terms.
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
- KEN’S does not authorize anyone to make a warranty on its behalf and You may not rely on any statement of warranty as a warranty by Us.
- KEN’S and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Application, or Your reliance upon the Service or the information contained upon the Application (whether arising from KEN’S or any other person's negligence or otherwise).
- The Application and all contents on the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Application, that Your access of the Application and availing of Services is at Your sole risk and You assume full responsibility for Your access and use of the Application, and that KEN’S shall not be liable for any damages of any kind related to Your access and use of the Application.
KEN’S reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, discontinue or restrict your use to all or any feature of the Service or Application at any time by posting a notice in this regard on the Application or by sending You notice in accordance with Clause 16 below. Your continuous use of the Application after such notification shall be deemed to be acceptance of the revised terms by You.
Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving party at the relevant addresses set forth in these User Terms:
- By hand, against a written acknowledgement of receipt by the receiving party.
- By registered mail/post.
In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.
You may not assign Your rights under these User Terms without prior written approval of KEN’S. KEN’S can assign its rights under the User Terms to any affiliate.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or the Application (collectively, “Disputes”) will be subject to the exclusive jurisdiction of courts in Ahmedabad, India. Note: Before filling/entered into any litigation/claim against KEN’S, one must have to give 30 days prior notice with regard to the any claim/litigation by registered post, failing in which the person, firm or company will not entitled to file any proceeding/litigation with regard to the said claim before any competent court.