This [Website/ Application/ Services] is/are [operated/provided] by Highway Cabs.
These terms and conditions (“User Terms”) apply to your visit to and your use of the website and Services at www.highwaycabs.com (the “Website”) whether through a computer or a mobile phone, the Service and the Application (as defined below), as well as to all information, recommendations and or services provided to you on or through the Website, the Service and the Application. “You” and “your” means a person who meets the eligibility criteria set out below.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE APPLICATION AND/OR USING THE SERVICE AND WEBSITE.
SERVICES Highway Cabs offers information and a means to obtain transportation services offered by third party service providers, drivers or vehicle operators (“TPSP”), which may be requested through phone via call centre, Website, the use of an application supplied by Highway Cabs and downloaded and installed by you on your single mobile device (smart phone) (the “Application”) or through any other channel made available by Highway Cabs for ‘booking’ purposes. All services provided by Highway Cabs to you by means of your use of the booking channel, for booking purposes, are hereinafter referred to as the “Service”.
AGREEMENT BETWEEN Highway Cabs AND YOU
By using the Service, you enter into a contract with Highway Cabs (the “Contract”). In order to be able to use the Service, you first need to read and accept the terms and conditions on the website. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service.
HOW TO USE THE SERVICE
The service allows you to send a request through Highway Cabs to a TPSP in Highway Cabs network. The TPSP has sole and complete discretion to accept or reject each request for service. If the TPSP accepts a request, Highway Cabs notifies you and provides information regarding the TPSP - including driver name, vehicle license number - and the ability to contact the TPSP by telephone. Highway Cabs shall procure reasonable efforts to bring you into contact with a TPSP in order to obtain transportation service, subject to the availability of TPSP in or around your location at the moment of your request for transportation services.
For the avoidance of doubt: Highway Cabs on its own does not provide transportation services, and Highway Cabs is not a transportation carrier. It is up to the TPSP to offer transportation services, which may be requested through the use of the Service. Highway Cabs only acts as intermediary between you and the TPSP. The provision of the transportation services by the TPSP to you is therefore subject to the agreement (to be) entered into between you and the TPSP. Highway Cabs shall in no event be made a party to such agreement.
YOUR USE OF THE SERVICE
Our Services are available in regions set out in www.highwaycabs.com. You warrant that the information you provide to Highway Cabs is accurate and complete for the information requested by the respective channel of booking. Highway Cabs is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. Highway Cabs will not be responsible for any loss, damage or disruption of service due to error in data provided at the time of booking.
Service request via phone:
You may reach our call center at 8099902929. Highway Cabs shall endeavour to answer your calls and cater to your requirements; Nevertheless Highway Cabs does not assure a response at all times due to the dependency on the call handling capacity which is variable in nature. The call may be recorded by Highway Cabs for quality and training purposes. By booking via phone, you also agree to the terms and conditions governing the service (go to www.highwaycabs.com for detailed T&C). Highway Cabs will store the information provided for contacting you for all service related matters. You may promptly inform Highway Cabs on any change in the information provided, in order to serve you better.
Service request via website:
You may place a booking through our website www.highwaycabs.com. It is mandatory to register with a valid mobile number and e-mail at the time of first booking. By signing up, you also agree to the User Terms governing the site. Highway Cabs will store the information provided for contacting you for all service related matters. You shall promptly inform Highway Cabs on any change in the information provided, in order to serve you better.
Bookings via Mobile Application:
You may download Highway Cabs application on your device for availing the Service. By downloading the Application, you also agree to the User Terms. Highway Cabs will store the information provided for contacting you for all service related matters. You may promptly inform Highway Cabs on any change in the information provided, in order to serve you better.
It is your responsibility to check to ensure you download the correct Application for your device. Highway Cabs 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. Highway Cabs 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.
By using the Application or the Service, you further agree that:
You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party.
You will not authorize others to use your account.
You will not assign or otherwise transfer your account to any other person or legal entity.
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, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service or Application in any way whatsoever.
You will not copy, or distribute the Application or other Highway Cabs Content without written permission from Highway Cabs.
You will keep secure and confidential your account password or any identification Highway Cabs provides you which allows access to the Service through any booking channel.
You will provide Highway Cabs with whatever proof of identity Highway Cabs may reasonably request.
You will only use an authorized network to avail of the service.
You are aware that when requesting transportation services by SMS if available in your jurisdiction, standard messaging charges will apply.
You will not use the Service or Application with an incompatible or unauthorized device.
You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.
Driver may turn off CAR AC while climbing up Hills for safe & smooth ride.
For any requests for trip changes, do not deal with driver or vendor directly. Please inform company officials.
The pickup location may change due to cab union issues.
Online Distance/Charges are approximate. Actual distances between cities is calculated based on taxi meter, so please ask driver to share the starting and closing meter reading for your journey.
Highway Cabs reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
CONFIRMATION OF BOOKING
Highway Cabs shall, upon receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability of vehicles at the pickup time, which shall be informed to you vide an sms and email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre at +918099902929. You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation sms/email or failure to inform Highway Cabs of the incorrect details immediately.
The taxi fare is payable by you, regardless of the method of payment, as displayed in the meter / as mentioned in SMS / E-mail for flat rates and other products, along with 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 toll charges will be payable by you as applicable, when the cab availed crosses a toll post/border post while carrying you, except in the case of Bengaluru International Airport/Kempegowda International Airport (where the toll is charged on the return of the cab), such toll will be charged to you during the drop to Bengaluru International Airport/Kempegowda International Airport.
If you cancel the booking 24 hours prior to the time of journey, full advance paid by you at time of booking will be refunded. No amount will be refunded in case of cancellation within 24 hours prior to the time of journey. Refund will be initiated immediately and within 7 working days, it will reflect into your account.
You may, upon availing or attempting to avail the Services, receive messages in your mobile phone from Highway Cabs regarding the following: (i) confirmation of booking; (ii) Highway Cabs declining your booking; (iii) providing driver details; and (iv) total fees to be paid. However, the above list is not exhaustive in nature and you may receive additional and different messages from Highway Cabs. You hereby understand, agree and give consent to the receipt of such messages from Highway Cabs.
Smoking and drinking are absolutely prohibited in the Vehicles. You shall be liable to pay to additional fees if the driver of the Vehicle complains to us about the same. You shall also not misbehave with the driver of the Vehicle. You shall also be liable to pay the fees as set out during booking/reservation. In the event you fail to pay fees after the completion of the trip, we may at our discretion, take such steps as may be available to us under law. You shall also be blacklisted as a result of non-payment of fees or misbehaving as the case may be and you shall not be eligible to avail of our Services in future. CUSTOMER RELATIONSHIP MANAGEMENT
All issues, opinions, suggestions, questions and feedback while availing our Services may be communicated to us by email at email@example.com. This is the official and only channel for redress-al of any customer issue.
Reporting of any issue needs to be within 7 days of the happening of the issue, failing which, such issue will not be addressed.
Any issue reported on channels other than the above may be addressed by Highway Cabs only on a best-effort basis. Highway Cabs takes no liability for inability to get back on other channels.
Highway Cabs shall respond to your issues within 2 working days of your reporting the same. Highway Cabs shall endeavour to resolve the same within 10 working days. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Highway Cabs shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.
By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold Highway Cabs, its affiliates, its license's, and each of their officers, directors,partners, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including TPSPs arranged via the Application, Website or through our call center or (c) your use or misuse of the Application or Service.
The information, recommendations and/or Services provided to you on or through the Website, the Application and by our call centre is for general information purposes only and does not constitute advice. Highway Cabs will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
Highway Cabs shall not be liable for missing trains/flights/events etc as the Service is dependent on many factors not in our control. You must book Highway Cabs by taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays. Highway Cabs will not be responsible for any delays and also if you are not ready at the time of arrival of the cab. It is hereby clarified that Highway Cabs is only a facilitator and shall in no event be made liable for any delays or any losses suffered by you due to such delay.
In the event, there is a delay by the vehicle in the reaching the pickup location beyond 30 minutes of the pickup time, Highway Cabs shall endeavour to get you in touch with the TPSP whose vehicle delayed in reaching the pickup location. It is hereby clarified that, this and only this, constitutes Highway Cabs’s liability with respect to delays pertaining to pick up. However, Highway Cabs at its discretion, and based on the circumstances and consequences of such delay, may reimburse you the amounts paid by you to us as liquidated damages.
Highway Cabs 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 website URL, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Highway Cabs.
Highway Cabs shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, or e-mail/sms communication including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Highway Cabs shall not be liable for any loss / damages caused due to use of any devices installed in the cab and you will be solely responsible for the same. You shall take full responsibility of your items and luggage. In case of lost items inside the Vehicle during the journey, Highway Cabs 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.
Highway Cabs will not be responsible for any delay in or failure of message due to any technical error or due to any delay on account of service provided by the mobile service provider of the Highway Cabs or your and /or the person whose number has been provided for booking. Highway Cabs will not be responsible for the accuracy of the information, any situations like congestion of network and/or traffic jams and in no event the information sent by way of SMS shall be used for planning a meeting and/or any other purpose. Highway Cabs shall not be responsible for any delay on account of such situations and information provided is only for sending the SMS about the cab location and trip. Highway Cabs does not assure a complete sustainability of its Service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner.
Highway Cabs shall not be responsible for any loss of communication / information of status update & benefits under the program. All this information will be sent on mobile number &/or email ID registered with Highway Cabs. Highway Cabs will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation. Any information sent by Highway Cabs will be sent only to the mobile numbers/e-mail ids registered on the website of Highway Cabs or provided to Highway Cabs call centre and Highway Cabs will not be responsible for any change in the mobile number/e-mail ids which have not been updated on the website by you. The quality of the transportation services requested through the use of the Service is entirely the responsibility of the TPSP who ultimately provides such transportation services to you. Highway Cabs promises its best endeavour to provide sufficient training, quality control procedures and processes to ensure best services by TPSPs. However, under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the TPSP or any acts, action, behaviour, conduct, and/or negligence on the part of the TPSP. Any complaints about the transportation services provided by the TPSP should therefore be submitted to Highway Cabs for escalation to the TPSP.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply: “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials owned or used by Highway Cabs, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party.
“User” means a person who accesses or uses the Service or Application, in this case, you Subject to your compliance with these User Terms, Highway Cabs grants you a limited, non-exclusive, non- transferable license: to view, download and print any content solely for your personal and non- commercial purposes; and You have no right to sub-license the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Content, except as expressly permitted in these User Terms. You may not reuse any Content without first obtaining the written consent of Highway Cabs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Highway Cabs or its licensors, except for the licenses and rights expressly granted in these User Terms. Any use by you of the content is entirely at your own risk.
Subject to your compliance with these User Terms, Highway Cabs grants you a limited non-exclusive, non- transferable 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 your own personal use. You shall not (i) license, sub-license, 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 Service or Application.
You shall not: (i) send spam, duplicate or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violate 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 Website, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
Highway Cabs will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Highway Cabs may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Highway Cabs has no obligation to monitor your access to or use of the Website, Service, Application or Content, but has the right to do so for the purpose of operating the Website, 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. Highway Cabs reserves the right, at any time and without prior notice, to remove or disable access to any Content that Highway Cabs, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
INTELLECTUAL PROPERTY OWNERSHIP Highway Cabs alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service. These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Highway Cabs. Highway Cabs's name, logo, and the product names associated with the Application and Service are trademarks of Highway Cabs, its affiliated companies or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
TERM AND TERMINATION OF LICENSE AGREEMENT
The agreement between Highway Cabs and you is perpetual in nature upon downloading the Application and for each booking in any other mode. You are entitled to terminate the agreement at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on Highway Cabs's website. Highway Cabs 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 Highway Cabs, misuse the Application or the Service. Highway Cabs is not obliged to give notice of the termination of the agreement in advance. After termination Highway Cabs will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS
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 according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
It is hereby clarified that, Highway Cabs being a facilitator, cannot guarantee the availability of a vehicle even though the booking is confirmed. However, Highway Cabs will endeavour to arrange a vehicle for you, failing which, Highway Cabs shall inform you 30 (thirty) minutes before the pickup time. Based on your response, Highway Cabs shall continue searching for a vehicle. However, such failure in providing a cab shall not make Highway Cabs liable for any damages as you have been informed sufficiently in advance of such unavailability. This Website, Application and all content on the Website and 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 merchant-ability or fitness for a particular purpose. You acknowledge, by your access of the Website and/or Application, that your access of the Website and/or Application and availing of Services is at your sole risk, that you assume full responsibility for all costs associated with your access and use of the Website and/or Application, and that Highway Cabs shall not be liable for any damages of any kind related to your access and use of this Website and/or Application. All images, audio, video and text in the Website and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any character in a video to anybody or anything in any context is purely unintentional and/or coincidental. Highway Cabs’s rights are subject to the terms of the agreement entered between Highway Cabs and its content and image providers.
MODIFICATION OF THE SERVICE AND USER TERMS
Highway Cabs reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Highway Cabs may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Highway Cabs may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Highway Cabs's account information, or by written communication sent by regular mail to your address on record in Highway Cabs's account information.
You may not assign your rights under these User Terms without prior written approval of Highway Cabs.
PRIVACY AND COOKIE NOTICE
Highway Cabs collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice.
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 Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in Hyderabad, India.