The term 'BALLUCABS.COM ' or 'us' or 'we' refers to the owner of the website whose registered office is BALLU SERVICES Plot no. 7 Krishna vatika tirupati town, kalwar road Jothwara, Jaipur-302012 India. The term 'you' refers to the user or viewer of our website.
I. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by BALLUCABS.COM. The Services provided by BALLUCABS.COM is a technology based service which enables the hiring of taxis by commuters / passengers for a point to point service, or for time and usage based service within city limits and outside city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.
BALLUCABS.COM advises its users that while accessing the web site, they must follow/abide by the related laws. BALLUCABS.COM is not responsible for the possible consequences caused by your behaviour during use of web site. BALLUCABS.COM may, in its sole discretion, refuse the service to anyone at any time.
II. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all BALLUCABS.COM Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
III. AMENDMENT TO USER(S) AGREEMENT
BALLUCABS.COM may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms.
IV. INTELLECTUAL PROPERTY RIGHTS
BALLUCABS.COM is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with BALLUCABS.COM, its affiliates or licensor's of BALLUCABS.COM content, as the case may be.
All rights, not otherwise claimed under this agreement or by BALLUCABS.COM, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. BALLUCABS.COM does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall BALLUCABS.COM be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
BALLUCABS.COM reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.
All related icons and logos are registered trademarks or trademarks or service marks of BALLUCABS.COM in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site is the copyright of BALLUCABS.COM except the third party content and link to third party web site on our website.
Systematic retrieval of BALLUCABS.COM content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BALLUCABS.COM is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of BALLUCABS.COM Taxi's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. BALLUCABS.COM reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the BALLUCABS.COM service, or if BALLUCABS.COM believes that user(s) conduct is harmful to the interests of BALLUCABS.COM, its affiliates, or other users, or for any other reason in BALLUCABS.COM Taxi's sole discretion, with or without cause.
VI. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and BALLUCABS.COM does not have any control over such sites i.e content and resources provided by them.
BALLUCABS.COM may allow user(s) access to content, products or Services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. BALLUCABS.COM believes that user(s) acknowledge that BALLUCABS.COM has no control over such third party's site, does not monitor such sites, and BALLUCABS.COM shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.
Most content and some of the features on the web site are made available to visitors free of charge. However, BALLUCABS.COM reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. BALLUCABS.COM also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of BALLUCABS.COM and/or other visitors to the web site. BALLUCABS.COM reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
VII. Terms & Conditions for use of taxis
The following Terms & Conditions shall apply to customers / passengers utilising the Services offered by the Company for the hiring of taxis:
The customer shall pay the taxi fare (as displayed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the taxi services.
The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
The customer shall ensure that he/she will not indulge in any of the following activities while in a taxi:
a. Smoking or consuming any kind of intoxicants inside the Taxi. The driver has the right to refuse the pick-up or ask the customer to alight the cab if the customer is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance.
b. Littering the Taxi
c. Soiling or damaging the seats and/or any other interiors of the Taxi.
d. Misusing, soiling or damaging any of the devices (technical/non-technical) in the taxi.
e. 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 from the cab.
f. Asking the driver to board more than the prescribed number of adults in the taxi according to the Motor Vehicle Act, 1988s. In view of this, the customer shall not pressurize the driver to allow more than the allowed number of adult passengers in the taxi. The driver has the right to refuse such a pick-up or ask such customer(s) to alight from the cab.
g. Pressurizing the driver to overload the boot space of the taxi with luggage. The customer shall not be generally allowed to use the seating area of the taxi for placing any kind of luggage.
The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
Without prejudice to the above, the Company makes no representation or warranty that:
a. The Services will meet the customer's requirements;
b. The Services will be uninterrupted, timely, secure, or error-free.
c. The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of taxi service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
d. The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
e. There shall be extra charges for far off locations & toll charges as well.
f. If any passenger if misses the train or flight or bus, Company will not be liable for any compensation. The customer shall make an alternate arrangement if the cab has not reached due to any reason.
The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.
The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a taxi booking. The location based information will be used only to facilitate and improve the probability of locating a taxi for the Customer.
The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
The Company shall be entitled at any time without giving any reason to terminate the booking of taxis done by the Customer.
The Company encourages all its customers to take full responsibility of his/her items. In case of lost items inside the Company during the journey, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
If the Customer leaves any goods in the taxi or has any complaint in respect of the Services or the use of the taxi, the Customer has to inform Company of the same in writing within 24 hours of using the taxi or the Services of Company.
The Company shall not be liable for any conduct of the drivers of the taxis. However, the Company encourages you to notify it of any complaints that you may have against the driver of any taxi that you may have hired using the Company's Services.
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.BALLUCABS.COM on the date that Company may indicate that such addition, variation or amendment is to come into effect.
All the calls made to the Company's call centre are recorded by the Company for quality and training purposes.
It is expressly made clear to you hereby that the Company does not own any taxis nor does it directly or indirectly employ any drivers for the taxis. Taxis and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the taxis alike.
The Company has the right to use customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
The courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.