Terms and Conditions (LaganCabs)
LaganCabs Servie | Online Cab Booking | Marriage Booking | Outstation Cabs
Effective from 1st Jan, 2025
This Site/ Application/ Services is/are operated /provided by LaganCabs.
These terms and conditions (“User Terms”) apply to Your visit to and
use of the Service of 'Cabs' whether through a mobile
phone, as well as to all information, recommendations and/or cabs
services provided to You on or through the App.
This document is an electronic record in terms of Information Technology
Act, 2000 and rules thereunder 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 or by using LagabCab’s services,
You are acknowledging and consenting to be bound by these User Terms.
PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE
YOU USE THE CABS SERVICE. If You do not wish to accept any of the User
Terms, then please do not use the Cabs Services or avail any of the
services being provided therein. YOUR AGREEMENT TO THESE USER TERMS
SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND LagabCab IN RESPECT OF
THE USE OF CABS SERVICES. Your access and use of the Cabs Services
constitutes your agreement to be bound by these Terms, which establishes
a contractual relationship between you and LagabCabs. These Terms expressly
provide only for new SaaS platform Cabs services and shall be
considered distinct and separate from other services available on LagabCabs
Site. LagabCabs may immediately terminate these Service with respect to you,
or generally cease offering or deny access to the Cabs Services or any
portion thereof, at any time for any reason.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY
TO OTHER SERVICES OFFERED BY LagabCabs ON ITS SITE, APPLICATION OR THROUGH
WEBSITE.
- DEFINITIONS
All of the defined and capitalized terms in these User Terms will have the meaning
assigned to them here below:
-
“Account” shall mean the account created by the Customer on the
Application for availing the Services provided by LagabCabs.
-
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.
-
“Customer/ You” means a person who has an account and is willing to
take cabs services provided by the third party transportation service
providers.
-
“Driver” shall mean third party transportation service providers who
are eligible and onboarded on LagabCabs for providing its services to its
Customers
- ELIGIBILITY
You will be “Eligible” to use the Services only when You fulfill all of
the following conditions:
-
You have attained at least 18 (eighteen) years of age. (ii) You are
competent to enter into a contract under the Applicable Laws.
-
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 User Terms due to age, You must abide by such age
limits.
-
REGISTRATION AND ACCOUNT
-
In order to use the software, you must maintain an active personal
user account with us. Account registration requires you to provide
certain personal information, which may include your name, address,
mobile phone number, age and any other information as prompted by the
App while registering on the App (“Registration Data”).
-
You shall ensure that the Registration Data provided by You is
accurate, complete, current, valid, true and is updated from time to
time. We shall bear no liability for false, incomplete, or incorrect
Registration Data provided by You. Except for the Registration Data or any other data submitted by You
during the use of any other service offered through Site (“Permitted Information”), LagabCabs does not want You
to, and You should not, send any confidential or proprietary information to LagabCabs on the Site 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 LagabCabs other than the
Permitted Information will not be considered confidential or proprietary.
-
You are responsible for maintaining the confidentiality of Your
Registration Data and will be liable for all activities and
transactions 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. We shall not be liable for any loss that You
may incur as a result of any unauthorised third party using Your
account, either with or without Your knowledge.
-
In the event we believe that you have furnished false or incorrect
information, committed fraud, or identity theft, or that the security
of your account has been compromised we reserve the right to suspend
or terminate Your account with immediate effect and for an indefinite
period. We shall bear no liability for false, incomplete, old or incorrect
Registration Data provided by You.
-
You agree to comply with all applicable laws when using the Services,
and you may only use the Services for lawful purposes (e.g., no
transport of unlawful or hazardous materials).
- SOFTWARE
-
The software will enable you to find cabs drivers who are
willing to offer their services.
-
The Company merely provides the SaaS platform for introducing you
with the Drivers and does not guarantee the acceptance or completion
of the ride or for any delay or losses suffered by you or caused to
you as a consequence of the breakdown of the Vehicle.
-
The provisioning and quality of Driver Services is solely the
responsibility of the Driver and is as per your agreement with the
Driver. The Company has no control over transportation services
provided by the Driver. Any dispute between you and the Driver is your
responsibility and the Company shall not be liable for the same.
-
Company shall, upon receiving the booking request from you, we will
show the available number of Drivers and range of fare value which are
market acceptable and most prevalent in the current city and area in
particular. However, the Company shall not be responsible for
arranging any Driver services for you.
-
In the event , the booking is confirmed, you shall check the booking
details and shall determine the final fare with the Driver. The Fare
range shown by the Company is merely a suggestion and thereby, it is
advisable to you to check and determine the final fare with the
driver.
-
Further, on acceptance of a booking offer by the Driver, you shall
check the booking details including but not limited to pick up
time and place, and if there are incorrect details, the same needs to
be informed to the Driver.
-
You acknowledge that LagabCabs does not provide any transportation services
and any aggregator services related to the transportation services
provided by its onboarded Drivers. LagabCabs merely introduces you to
verified drivers.
- PAYMENT
-
You shall pay the final determined fares between you and the Driver,
to the Driver for the services used by you or can pay online onto the app.
-
For providing an Online Payment Gateway Platform to you in order to enable introduction
with the online booking, the Company reserves the right to charge a
subscription fees from the Customer, which shall be subject to the tax
applicable on it.
-
USER VIOLATION OF USER TERMS
-
You shall not smoke, drink or carry any contraband substances in the
Vehicles or misbehave or act in violation of Applicable Law. In the
event You are found to be involved in the activities set out above,
You solely shall be responsible towards any liability.
-
EMERGENCY SERVICES TO CUSTOMER
-
LagabCabs provides the SOS/emergency button, which in the event of your
pressing, shall connect you to the police headquarters to directly
report any safety incident or emergencies or distress. LagabCabs will extend its support in case of any detail, however, will not
be liable for any incident or act leading to any incident.
-
INDEMNIFICATION
-
By accepting these User Terms and using the Cabs Service, You agree
that You shall defend, indemnify and hold LagabCabs, its affiliates, their licensors, and each of its officers, directors, 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 the TPSPs or (c) Your use or misuse of the
Application or Service.
- LIABILITY
-
LagabCabs will reasonably keep the mobile application and its contents
correct and up to date but does not guarantee that (the contents of)
the Site is free of errors, defects, malware and viruses or that the
Site is correct, up to date and accurate.
-
LagabCabs shall not be liable for any delay or losses, missing
trains/flights/events etc. as the transportation service is provided by
the Driver, not in LagabCabs’s control. You must book Your Ride after taking
into account the check-in time, traffic and weather conditions, political rallies, natural calamities,
traffic barricades, car breakdowns and other unexpected delays.
-
LagabCabs shall not be liable for any damages resulting from the use of or
inability to use the Site, including damages caused by wrong usage of
the Site, error in call center number, network issues, malware,
viruses or any incorrectness or incompleteness of the Information or
the or Application.
-
You shall take full responsibility of Your items and luggage. In case
of lost items inside the Vehicle during the journey, LagabCabs will support
in providing you the contact details available on its record.
-
IN NO EVENT SHALL LagabCabs BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES
WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF LagabCabs HAS BEEN ADVISED OF THE
POSSIBILITY THEREOF. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LagabCabs’s TOTAL
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE
CABS SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR
OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand
only).
-
If Applicable Law does not permit the exclusion of certain warranties
or the limitation or exclusion of liability, the scope and duration of
such warranty exclusions and the extent of the liability of LagabCabs shall
be the minimum permitted under Applicable Law.
-
APPLICATION LICENSE
-
Subject to compliance with these User Terms, LagabCabs grants You a
limited, revocable, non-exclusive, non-transferable and
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 Your own personal use and
to use the Site.
-
You shall not (i) license, sublicense, sell, resell, transfer,
assign, distribute or otherwise commercially exploit or make available
to any third party the Service or Site 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 Site on any
other server or wireless or Internet-based device; (iv) reverse
engineer or access the Site 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 Site,
or (c) copy, reproduce, record, or make available to the public any
ideas, features, functions or graphics of the Service or Site, 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 Site.
-
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
tortious 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 Site, the Application or Service or
the data contained therein; or (v) attempt to gain unauthorized access
to the Site, the Application or Service or its related systems or
networks.
-
LagabCabs will have the right to investigate and prosecute violations of
any of the above to the fullest extent of the law. LagabCabs may involve and
cooperate with law enforcement authorities in prosecuting users who
violate these User Terms. You acknowledge that LagabCabs has no obligation
to monitor Your access to or use of the Site, Service or Posted
Content, but has the right to do so for the purpose of operating the
Site 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. LagabCabs reserves the
right, at any time and without prior notice, to remove or disable
access to any content that LagabCabs, at its sole discretion, considers to
be in violation of these User Terms or otherwise harmful to the Site,
the Service or Application.
-
CONTENT POSTED BY CUSTOMERS
-
LagabCabs may accept posting of any notes, messages, e-mails, photos,
drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site
(“Posted Content”) by You. You represent that You have obtained all
permissions and consents required to post the Posted Content and such
Posted Content complies with all requirements of the Posted Content.
LagabCabs shall not in any manner be responsible for or endorse the Posted
Content.
-
You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
blasphemous, pornographic, libelous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful material
or information.
(ii) Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless You own or
control the rights thereto or have received all necessary
consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the
operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose,
unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes or chain
letters.
(vi) Download any file posted by another user that You know, or reasonably should know,
cannot be legally distributed in such manner.
(vii) Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
(viii) Deceive or mislead the addressee about the origin of a message or
communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the
Site.
(x) Violate any code of conduct or other guidelines which may be applicable
for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail
addresses, without their consent. (xii) Threaten the unity, integrity,
defence, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission
of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (xiii) Violate any Applicable
Laws or regulations including the Information Technology Act, 2000 and
the rules, regulations and guidelines notified thereunder.
-
INTELLECTUAL PROPERTY OWNERSHIP
-
LagabCabs alone (and its licensors, where applicable) shall own all right,
title and interest, including all related intellectual property
rights, in and to (i) the Site, Application, product, Service and any
suggestions, ideas, enhancement requests, feedback, recommendations or
any other offering; (ii) text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and computer
code; or (iii) other information provided by You or any other party
relating to the Site, Application or the Service. Third party
trademarks may appear on this Site/ Application and all rights therein
are reserved to the registered owners of those trademarks. For use of
any third party's intellectual property, You need to get permission
directly from the owner of the intellectual property for any
use.
-
These User Terms do not constitute a sale and do not convey to You
any rights of ownership in or related to the Site, the Application or
the Service, or any intellectual property rights owned by LagabCabs. You
shall be solely responsible for any violations of any laws and for any
infringements of any intellectual property rights caused by use of the
Services or the Site/ Application.
-
You may use information on the Site purposely made available by LagabCabs
for downloading from the Site, provided that You:
(i) do not remove any proprietary notice language in all copies of such
documents and make no modifications to the information; (ii) use such information only for Your
personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media;
or (iii) do not make any additional representations or warranties
relating to such information.
- LINKS
-
If permitted by LagabCabs, You may establish a hypertext link to the Site,
provided that the link does not state or imply any sponsorship or
endorsement of Your site by Us. You must not use on Your site or in
any other manner any LagabCabs trademarks or service marks or any Content
belonging to LagabCabs and appearing on the Site, including any logos or
characters, without our express written consent. You must not frame or
otherwise incorporate into another third party website or present in
conjunction with or juxtaposed against such a website any of the
content or other materials on the Site without our prior written
consent.
-
TERM AND TERMINATION OF LICENSE AGREEMENT
-
Unless terminated explicitly, the agreement between LagabCabs and You is
perpetual in nature upon downloading the Application and for each
Service booked through the Site.
-
You are entitled to terminate the agreement at all times by deletion
of Your Account, thus disabling the use by You of the Site. You can
close Your Account at any time by following the instructions on the
Site.
-
LagabCabs is entitled to terminate the agreement at all times and with
immediate effect (by disabling Your use of the Site and the Service) if You: (a)
violate or breach any term of these User Terms, or (b) in the opinion
of LagabCabs, misuse the Application or the Service. LagabCabs is not obliged to
give notice of the termination of the agreement in advance. After
termination LagabCabs will give notice thereof in accordance with these User
Terms.
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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, 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.
- CONFLICT
-
In the event of any contradiction or inconsistency between this User
Terms and any other agreement executed between You and LagabCabs, the terms
of the User Terms shall prevail unless the exception has been
expressly agreed to in writing by making reference to the relevant
Clause sought to be modified under this User Terms.
- DISCLAIMER
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You agree that LagabCabs is merely a SaaS platform and does not in any
manner provide transportation services or any service related to it.
LagabCabs does not endorse, advertise, advise or recommend You to avail the
Services of any Driver. LagabCabs also does not guarantee or provide
assurance in respect of the behaviour, actions or data of the users
posted on the Site.
-
We do not authorize anyone to make a warranty on Our behalf and You
shall not rely on any statement of warranty as a warranty by Us.
-
LagabCabs and their 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 Site, or Your reliance upon the Service or the
information contained upon the Site (whether arising from LagabCabs or any
other person's negligence or otherwise).
-
This Site, Application and all content on the Site 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 merchantability or fitness for a particular purpose. You acknowledge, by Your access of
the Site and/or Application, that Your access of the Site and/or
Application and availing of Services is at Your sole risk, that You
assume full responsibility for Your access and use of the Site and/or
Application, and that LagabCabs shall not be liable for any damages of any
kind related to Your access and use of this Site and/or
Application.
-
All images, audio, video and text in the Site 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 matter to anybody or anything is purely
unintentional and/or coincidental.
-
MODIFICATION OF THE SERVICE AND USER TERMS
-
LagabCabs reserves the right, at its sole discretion, to modify or replace,
in part or full, any of these User Terms, or change, suspend, block,
discontinue or restrict at any time.
-
LagabCabs shall not be required to notify You of any changes made to these
User Terms. The revised User Terms shall be made available on the
Site. You are requested to regularly visit the Site to view the most
current User Terms. You can determine when LagabCabs last modified the User Terms by referring to the “Last Updated” legend above. It
shall be Your responsibility to check these User Terms periodically
for changes. LagabCabs may require You to provide Your consent to the
updated User Terms in a specified manner prior to any further use of the Site and the Services.
- NOTICE
-
LagabCabs may give notice by means of a general notice on the Service or
Application, or by electronic mail to Your email address or a message
on Your registered mobile number, or by written communication sent by
regular mail to Your address on record in LagabCabs’s account
information.
- ASSIGNMENT
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You shall not assign Your rights under these User Terms without prior
written approval of LagabCabs. LagabCabs 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 Site, the Service or the Application (collectively,
“Disputes”) the parties shall attempt to settle the same amicably,
through negotiation and consultation at such offices of LagabCabs as LagabCabs may
designate. In the event the dispute is not resolved internally between
after at least 30 (thirty) days of negotiation, in good faith, the
same shall be subject to binding and final arbitration in accordance
with the Arbitration and Conciliation Act, 1996 as amended from time
to time or in case the Arbitration and Conciliation Act, 1996 is no
longer in force, as per any law relating to arbitration in force at
the time of such reference. The reference shall be made to a sole
arbitrator mutually appointed by LagabCabs and You. The place of the
arbitration shall be Bengaluru, Karnataka, unless otherwise mutually
agreed by LagabCabs and You in writing. Subject to the above, any Dispute
will be subject to the exclusive jurisdiction of courts in Bangalore,
India.