EFFECTIVE FROM 1st MAY 2019
IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT TAXIEMALL TECHNOLOGIES PRIVATE LIMITED AT GoKAR.LEGAL@GMAIL.COM. FAILURE TO DO SO WITHIN 12 (TWELVE) HOURS FROM THE TIME OF RECEIPT OF THIS DOCUMENT AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘I ACCEPT’BUTTON SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS DOCUMENT.
SUBSCRIPTION AGREEMENT
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATIONTECHNOLOGY 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 ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS SUBSCRIPTION AGREEMENT. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT BEFORE YOU START USING THE “SAMEEP” APPLICATION, AS YOU SHALL BE BOUND BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE DO NOT USE THE APPLICATION OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR AGREEMENT TO THE SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND TAXIEMALL TECHNOLOGIES PRIVATE LIMITED IN RESPECT OF THE SERVICES. IT IS HEREBY EXPRESSLY CLARIFIED THAT THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT WILL NOT APPLY TO YOUR SERVICES PROVIDED FOR ‘TAXIEMALL TECHNOLOGIES PRIVATE LIMITED’ I.E., ARRANGEMENTS ENTERED INTO BY TAXIEMALL TECHNOLOGIES PRIVATE LIMITED WITH VARIOUS CORPORATE ENTITIES.
This Agreement is made between You and TAXIEMALL TECHNOLOGIES PRIVATE LIMITED, a company registered under the Companies Act, 2013 and having its corporate office at Plot No. 131B, H.No. 1-4-300, Eshwaripuri Colony, Sainikpuri, Hyderabad, Telangana, India (herein after referred to as “SAMEEP” which expression shall mean and include its representatives, successor’s in–office, affiliates and assigns).
1. Relationship between you & SAMEEP
These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any Part of the country of applications, websites, content, products, and services (the “Services”) made available by SAMEEP a private company established in the Hyderabad, Telangana, India having its office at Sainikpuri, Hyderabad, Telangana.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between You and SAMEEP. If you do not agree to these Terms, you may not access or use these Services. These Terms expressly supersede prior agreements or arrangements with you. SAMEEP may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
SAMEEP may amend the Terms related to these Services from time to time. Your continued access or use of the Services to be bound by the Terms, as amended.
2. Scope & Type of SAMEEP Service
The “SAMEEP” Mobile Application which provides a Software as Service model service where both Service Providers and their Consumers make use “SAMEEP” Application as a common technology platform. Its scope is to provide only a common platform to both Service Providers & their consumers. SAMEEP does not take any responsibility or guarantee in providing services to neither Service Providers nor their Consumers. SAMEEP Provides only Technical Assistance on SAMEEP Mobile Application usage. By signing into this app you are acknowledging that SAMEEP does not provide any consumer services to neither Third Party Service Provides who are rendering the consumer services to their consumers nor directly to other Consumers.
Note: SAMEEP is just providing software-based platform support and Third-party Service providers and their Consumers who are making use of this software. SAMEEP is not charging or taking any commissions or service charges from any Consumers. The monetary transactions related to Consumed Services are limited to you and Third-Party Service providers only.
3. License to use & Restrictions
SAMEEP grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to access and use the Applications on your personal device solely in connection with your use of the Services and access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and noncommercial use. You are not authorized to remove copyright, trademark or other proprietary notices from any portion of the Services. And also you are not authorized to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast.
4. SAMEEP app compatibility
The SAMEEP app is developed to work on both Android & iOS based devices. SAMEEP does not take any responsibility if the App is not compatible for specific electronic devices which are based on Andriod or iOS or any other mobile OS based devices. SAMEEP App user does not have any right to claim if the SAMEEP App is not compatible or it does not function properly on his mobile / electronic device.
5. Ownership
The Services and all rights therein are and shall remain SAMEEP’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner SAMEEP company names, logos, product and service names, trademarks or services marks.
6. Your Use of services and limitation
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to SAMEEP certain personal information, such as your name, mobile phone number, age and email address as well as at least one valid payment method (either a cash or other method accepted by Third Party Service Provider). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or SAMEEP’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by SAMEEP in writing, you may only possess one Account.
Limitation: In order to use this app you must be a major as per the Indian Majority Act 1875. And also you are not allowed to book a SAMEEP service on behalf of minors i.e., who are less than 18 years of age as per Indian Majority Act, 1875 you are the sole responsible for any consequences arise. You are not allowed to carry any hazardous, inflammable or any other dangerous material in the car. In case if you are carrying any ammunition or guns or rifles etc., then you should possess a valid license issued by Police department. You must use the SAMEEP service for lawful purposes only. You are the whole and sole responsible in case the SAMEEP service is used for any unlawful activities. And you are not authorized to book SAMEEP service on behalf of mentally unsound persons.
7. Accessibility of SAMEEP App
You are responsible for obtaining the internet data network access which is necessary to use the Services. Your Mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. SAMEEP does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
8. Payment
After using the services from Third party Transport Provider (i.e., from Driver) you are liable to pay the appropriate amount for such goods & services rendered to you by the Third Party Service Provider. SAMEEP does not involve in any financial transactions between the Third Party Service Providers and their Consumers. SAMEEP does not collect any additional money or brokerage charges from you for making use of the services. You are supposed to pay directly to the Third Party Service Providers.
9. Disclaimer:
- SAMEEP is not responsible for malfunction of your mobile phone /device, Tablet or any other electronic device where you had installed and configured SAMEEP App. Your Mobile phone or electronic device may malfunction due to
- Non-availability of internet mobile data connection on your device
- If your device is already effected by a virus, Trojan or any other malicious software code.
- SAMEEP is not responsible if the Third Party Service Provider and their Consumers gets engaged each other using our Application platform for any anti-social / illegal activities.
- SAMEEP shall play only an arbitrator role for both Third Party Service Provider and their Consumers in case of any payment related issues arose between them.
- In case of any road accidents occurred the SAMEEP shall assist both Driver & Passenger for claiming with their respective Insurance companies which means telephonic remote assistance for claiming procedure.
- SAMEEP is collecting only your mobile number, name, age & valid email id to sign up into the SAMEEP App.
- SAMEEP is not collecting any commission or brokerage charges from you for providing the services.
- SAMEEP shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if SAMEEP has been advised of the possibility of such damages. SAMEEP shall not be liable for any damages, liability or losses arising out of: (i) your use of or dependence on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if SAMEEP has been advised of the possibility of such damages. SAMEEP shall not be liable for delay or failure in performance resulting from causes beyond SAMEEP’s reasonable control.
16. Governing Law:
(i) If any dispute arises between the You and the Third-party Service Provider, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by SAMEEP. Arbitration shall be held in Hyderabad. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
(ii) This Agreement shall be governed by and construed in accordance with the laws of India. Subject to clause XII (1), the courts in Hyderabad shall have the exclusive jurisdiction in connection with this Agreement.
(iii) In addition to above remedies, SAMEEP shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Transport Service Provider from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies SAMEEP may have at law or in equity.
9. Declaration:
I hereby declare that I am well understood about the “SAMEEP” App service functionality and
- I am aware that SAMEEP does not assure any service opted by me with Third Party Transport Service Provider and neither they take any responsibility related to this.
- And also, I am aware that all the payments related to Services charged by Third Party Service Provider needs to be paid to them Only. There is no role of SAMEEP with related to payments made to these Third Party Service Providers.
- SAMEEP is a mere software technology supporting platform.