Term & Conditions
Effective from 1st April 2020
By accepting these User Terms, you also allow Chalo to send you promotional emails and SMS alerts from time to time.
Chalo is referred to as Line Mobility India Pvt. Ltd has a corporate office at 204 Lilamani Corporate Heights, Opp. Ramdevpir Tekro BRTS stand, Nava Vadaj, Ahmedabad, Gujarat - 380013
IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO A CUSTOMER TAKING ‘Chalo BUSINESS RIDES’ I.E., FOR CUSTOMERS WHO ARE EMPLOYEES OF CORPORATE ENTITIES WITH WHOM LINE MOBILITY INDIA PVT. LTD (“CHALO”) HAS A DIRECT ARRANGEMENT.
All of the defined and capitalized terms in these User Terms shall have the meaning assigned to them herein below:
- "Account/Profile" shall mean the account created by the User on the Application for availing the Services provided by Chalo.
- "Customer/You" or “User” shall mean a person who has an Account on the Application.
- "Driver" or “Partner” or “Chalo Partner” or “Chalo Driver Partner” shall mean and include such individuals as may be evaluated or appointed or trained by an operator associated with Chalo to provide the transportation services on its behalf and persons who are registered with Chalo and own the Vehicles and who have necessary city taxi permits, applicable insurances and licenses to provide transportation services within the City of Operation.
- "Application" or “Mobile Application” shall mean the Mobile Application "Chalo". It will be an application that provides a service that is updated by Chalo at a certain interval of development or version.
- "Platform Fee" shall mean the fee payable by the Customer to Chalo for the Service i.e., for availing the technology services offered by Chalo. Platform Fee shall be chargeable on every booking. The Platform Fee shall be exclusive of all applicable taxes if any.
- "Cancellation Fee" shall mean the fare and Platform Fee payable towards the cancellation of a Ride by a Customer. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Charge if any.
- "Additional Fee" or “Fee” or “Charge” shall mean any toll duty, inter-state taxes, charges, fees, commission, cancellation etc. as may not be included in the Fare but payable to any third party/government authorities for undertaking the Ride under Applicable Law
- "Applicable Laws" shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal, or a court of India.
- "Total Ride Fee" shall mean and include the Fare, the Convenience Fee, the Cancellation Fee, and Additional Fee and taxes as may be applicable from time to time.
- "City of Operation" shall mean a city in which the Customers and Chalo will avail and render the transportation services respectively. For clarity, the services rendered by the Chalo and availed by the Customers shall be in the same city.
- Fleet Operator shall mean a Driver and/or an operator associated with us, offering the service of transporting Users within the City of Operation as requested by the Customer on the Application.
- "Digital Wallet" shall mean a pre-paid instrument, which can be used to make payments.
- "Force Majeure Event" shall mean any event arising due to any cause beyond the control of Chalo.
- “Value Added Service” shall mean the activities which are done by Chalo to enhance safety, security, and trustworthiness. It could be an emergency(SOS) service, Safety awareness program, etc.
- "Chalo" or "us" or "we" or "our" shall mean Line Mobility India Private Limited, a company incorporated under the provisions of the Companies Act, 2013.
- "Service(s)" means the facilitation of transportation service by Chalo through the Application or booking, within the City of Operation, as elaborated in Clause 27.
- "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 Chalo from the User from time to time for registration on the Application.
- "Ride" or “Trip” shall mean the travel in the Vehicle by the Customer facilitated through the Chalo.
- "Fare" shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver (Partner). The Fare shall be exclusive of all applicable taxes on the Fare if any.
- “Offer” or “Promotion” shall mean the promotional activities which are done by chalo or its affiliated company at some intervals
- “Referral” or “Reference” shall mean the activity that includes sharing of Chalo App among family and friends as good faith in the company.
- The “Site” or “Platform” is a product or service tied to chalo, if applicable
- "T&Cs" and "User Terms" shall mean these Customer terms and conditions.
- "Chalo" shall mean Serendipity Line Mobility India Pvt. Ltd., a company incorporated under the Companies Act 2013.
- "Vehicle" shall mean a motor cab as defined under the Motor Vehicles Act, 1988.
- The Site permits you to avail the transportation services offered by Chalo. The Service allows You to send a request through Chalo to a Driver (Partner) on the Chalo network. The Driver has sole and complete discretion to accept or reject each request for Service. If the driver accepts the/your request, Chalo, notifies You and provides information regarding the Driver - including Driver Name, Vehicle license number, telephone contact details of the Driver and such other details as Chalo may determine.
- Chalo shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request.
- 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 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 Site for unlawful purposes;
- You will not try to harm the Service, Site or our network in any way whatsoever;
- You will provide Chalo with such information and documents which Chalo may reasonably request;
- You will only use an authorized network to avail the Service;
- You are aware that when requesting Services, whether by message, via Site or calling the call center of Chalo, 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 in the country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service;
- Chalo 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. Further, Chalo will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Chalo on any change in the information provided by You.
- Chalo or an authorized representative of Chalo shall provide information regarding services, discounts, and promotions provided by Chalo to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Platform to discontinue the same.
- Chalo WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM CHALO’S OBLIGATIONS UNDER THIS CUSTOMER T&C.
- You agree to grant Chalo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT CHALO TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
- Chalo will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such a case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by Chalo jointly and/or severally with the part(y)(ies) in such venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangements as well.
3. REGISTRATION AND ACCOUNT
- You understand and acknowledge that You can register 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. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You. You can be deactivated or barred or restrained from using services if false information is provided or being used to access any of the services offered by Chalo.
- You are solely 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 any third party. We 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.
- We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, 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 for any other reason, We may take appropriate action, if applicable.
- Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site ("Permitted Information"), Chalo does not want You to, and You should not, send any confidential or proprietary information to Chalo 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 Chalo other than the Permitted Information will not be considered confidential or proprietary.
- It is Your responsibility to ensure that You download the correct application for Your device. We are 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. We reserve 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.
- We allow 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 at firstname.lastname@example.org (email@example.com).
- In case, You are unable to access Your Account, please inform us at firstname.lastname@example.org(email@example.com) to make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
- You will be "Eligible" to use the Services only when You fulfill all of the following conditions:
- You have attained 18 (eighteen) years of age.
- You are competent to enter into an agreement 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 under the Applicable Laws.
- You have expressly agreed to all the terms and conditions as provided herein.
5. CONFIRMATION OF BOOKING
- Chalo 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 via a SMS or an 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 center.
- 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 or notification or email or failure to inform Chalo of the incorrect details immediately.
- Chalo shall charge Platform Fee for the Service which shall be determined and amended at the sole and absolute discretion of Chalo. The Platform Fee shall be payable by you to Chalo and shall be informed to you.
- You shall be required to pay any Additional Fee i.e. Tolls, Parking or Airport Charges, which will form part of the receipt of the Total Ride Fee.
- You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
- In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash, which may not be included in the receipt of the Total Ride Fee.
- The Total Ride Fee will be collected by the Driver or Chalo from You at the end of the Ride. All applicable taxes in respect of the Fare, Platform Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the Chalo.
- Chalo shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices shall be provided to You on request by Chalo. You may raise a request for a copy of the invoices from the support page.
- You shall choose to pay for the Platform Fee by either of the following four methods:
- Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver (Partner).
- Digital Wallet payment: Chalo offers You the facility of making an online payment through an Digital Wallet powered by a third party payment processor ("Payment Processor"). Digital Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the Digital Wallet, will be subject to the terms, conditions, and privacy policies of the Payment Processor that Chalo engages for the purpose. Chalo will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of Digital Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an Digital Wallet payment, Chalo shall collect the Fare and will be responsible for providing the transportation services.
- Chalo Credit Payment: Payment for the Total Ride Fee can be made to Chalo on credit if it is available or bought to be used for the account. Further, even in cases of Chalo Credit payments, all Additional Fee shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make a Chalo Credit payment, Chalo shall collect the Fare and will be responsible for providing the transportation services.
- Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services ("PG"), authorized by Chalo. Such PG may either be Chalo or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to Chalo and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of Chalo’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event, You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of Chalo’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
- Any payment-related issue, except when such an issue is due to an error or fault in our Site, shall be resolved between You and the Payment Processor. Chalo shall not be responsible for any unauthorized use of Your Digital Wallet during or after availing the Services on the Site.
7. CANCELLATION POLICY
- You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below. In any type rental Cancellation fee will be charged as follows:
- If you cancel after 5 minutes after the cab is allotted or
- If a driver cancels after waiting at your pickup location for more than 10 minutes or
- You will NOT be charged any Cancellation Fee If the driver cancels the ride.
- You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
- Chalo shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations. You may raise a request for a copy of the invoices from the Support page.
- The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
- The mode of payment of the Cancellation Fee shall be the same as per selected payment method.
These general terms & conditions of the offer ("General Offer/Promotion Terms") shall constitute a legally binding and enforceable contract between the Customer availing the Offer ("Customer(s)/ You/ Your") and Line Mobility India Private Limited ("chalo"). The term cab (“cab/taxi”) shall be referred to as but not limited only to the cabs. You are not bound in any way to participate in the Offer. By availing the Offer, You unequivocally accept to be bound by the terms set out below. The participation is voluntary and any purchase or transaction on the chalo Platform shall be deemed as acceptance of the terms and conditions mentioned herein. These General Offer Terms along with any other offer specific terms as may be issued by chalo from time to time shall constitute the entire understanding between chalo and You and these General Offer terms shall supersede any other terms in the event of conflict unless such offer specific terms expressly supersede these General Offer Terms.
- The offer is valid only on chalo Mobile Application and can be availed on cab Services.
- The cabs services ("Services") provided by third parties on the chalo mobile application ("chalo Platform") shall be the responsibility of the third party providing the Services and all claims shall be against that third party ("Service Provider") providing the service to which the offer applies.
- Offers shall not be clubbed with other offers as a matter of chalo’s policy.
- You shall become ineligible to participate in this Offer if You are barred from using services of chalo during the Promotion Period. chalo reserves the right to disqualify any Customer from the benefits of the Campaign if any fraudulent activity is identified as being carried out by the Customer for the purpose of availing the benefits under the Offer or otherwise by use of the service.
- chalo disclaims all warranties, conditions or statements, whether express, implied or statutory, including, without limitation, the implied warranties or conditions of merchantability, quality and/or fitness for the products or services included in this Offer, the Services or for any other purpose.
- Pictures of products shown in the communication sent to the Customer either through mailers or advertised on chalo website, are for representation purposes only and may not bear a resemblance to the actual Services provided by the relevant Service Provider. chalo shall under no circumstances be responsible for the same.
- Services offered under this program are subject to availability from the respective Service Provider in relevant geographical location and in no circumstances, chalo shall be liable for non-availability of any of the Services.
- Under no circumstance will the Offer/Discount being offered under this Program be settled or exchanged in cash.
- All liability with respect to the Services availed lies solely with the respective Service Provider.
- Chalo or the Service Provider shall not be liable for any indirect or speculative or consequential or penal damages, including, but not limited to, any loss of use, loss of data and loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages.
- Notwithstanding anything contained in these General Offer Terms, the total liability of Chalo and the Service Provider, shall not, in any circumstances, exceed the Rs. 1000/- (One Thousand Rupees only), irrespective of the nature of the claim which results in such liability and whether based on contract or tort or any other theory of law.
- The Offer shall be subject to usual force majeure events.
- Chalo may at its sole discretion refuse, deny, discontinue, withdraw and terminate the Offer at any time during the Offer Period without assigning any reasons whatsoever and without any prior notice to You.
- All disputes shall be settled amicably, on failure to do so within 30 (Thirty) days, such disputes shall be resolved by a sole arbitrator appointed by mutual agreement of the parties. The proceedings of the arbitration shall be conducted in accordance with the provisions of the Arbitration Conciliation Act, 1996 and the seat of arbitration shall be Ahmedabad, India. Subject to the aforesaid, these General Offer Terms read with the offer specific terms shall be governed by the laws of India and the courts in Ahmedabad, Gujarat shall have sole and exclusive jurisdiction.
9. REFERRAL PROGRAM
These Chalo’s Referral Program terms and conditions are in addition to the service-user terms and conditions. To participate in chalo’s Referral Program, you must agree to these terms, which become part of the service-user terms and conditions.
- By availing the services offered by us, the Referrer and Referral Recipient consent to the Terms and Conditions provided herein, Referrer being the person whose Referral Code has been used to sign up and Referral Recipient being the person who signs up using a valid Referral Code. Customers/Customer include whether individually or collectively, both the Referrer and the Referral Recipient.
- The Referral Discount will be provided to the Referrer upon completion of the first ride of the Referral Recipient. The value of the discount will be as per chalo’s active Referral Program at the time of referral recipient's signup using the Referral Code. However, it is clarified that Line Mobility India Private Limited ("chalo") reserves the right of discretion with regard to the issuance of Referral Discount so as to combat fraudulent transactions.
- The Referral Discounts are applicable to Go, XL and Prime rides only.
- The Referral Discount on a Referral Code can be availed only once and only in the state or city prescribed by chalo. Creating multiple Customer’ accounts using multiple emails or signing in from multiple devices in order to unduly gain Referral Discount shall be considered to be in contravention of these terms & conditions.
- The Referral Discount is applicable on the final chargeable amount only. The Referral Discount availed under chalo’s Referral Program shall not, in any case, exceed the total billable amount.
- If your bill amount is less than the value of your Referral Discount, your Referral Discount will be fully used.
- The Referral Discount under no circumstances will be settled or exchanged in cash or cash equivalents. However, chalo, at its sole discretion, may convert the value of your referral discount into any other form of credit.
- The Referral Code and Referral Discount provided are non-transferable.
- The Referral Discount shall not be clubbed with any other program of chalo.
- Any dispute, controversy or claim arising out of or relating to chalo’s Referral Program ("Dispute"), including claims seeking redress or asserting rights under the applicable law shall be amicably settled through mutual consultation and escalation at such offices of chalo as chalo may designate. If the Dispute is not settled amicably as aforesaid within a period of 15 (Fifteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be presided over by a sole arbitrator mutually appointed by chalo and the Customer. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Ahmedabad.
- chalo reserves the right to discontinue the Referral Discount without assigning any reasons or without any prior intimation whatsoever to the Customers. In case of any dispute, chalo’s grievance officer’s decision shall be binding on all Customers.
- chalo reserves its absolute right at any time to add, alter, withdraw, modify or change or vary any or all the terms and conditions of chalo’s Referral Program at its sole discretion and the same shall be binding on the Customer at all times.
- chalo does not make any warranties or representation of the quality, merchantability, suitability or availability of the products or services included in the Referral Discount.
- Any taxes, cess, liabilities or charges payable to the Government or any other authority or body, if any, shall be borne directly by the Customer.
- The participation is voluntary and any purchase or transaction on the chalo website or using chalo mobile application shall be deemed as acceptance of the Terms and Conditions mentioned herein.
- chalo reserves the right to review and investigate all referral activities and to suspend accounts or revoke/remove Referral Discount and withhold features or benefits obtained through chalo’s Referral Program if chalo believes or determines that the use of a Referral Code or Referral Discount was in error, fraudulent, illegal, or in violation of the terms and conditions of chalo’s Referral Program.
- Referral Code shall not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise). chalo’s Referral Program is meant to reward our privileged and loyal customers and not meant for sharing the Referral Code on any communication medium be it print, digital or electronic, including but not limited to websites, or any means for any purpose whatsoever. chalo reserves the right to revoke the Referral Discount or suspend a Customer’s account at any time if such sharing of the Referral Code is in contravention of chalo Referral Program terms & conditions.
- chalo reserves the right to revoke the Referral Discount or deactivate a Customer’s account at any time it is believed that the account is being misused or chalo’s Referral Program terms and conditions are being violated.
- No refund, in any form, will be issued for the Referral Discount.
- If any provision in these terms and conditions are held to be invalid, void or unenforceable, such provision will be struck and the same shall not affect the validity of and enforceability of the remaining provisions.
- These terms and conditions shall be governed by and construed in accordance with the laws of India and, subject to this clause 23, chalo and the Customer agree and undertake that any controversy or claim arising out of or relating to these terms and conditions will be adjudicated exclusively before a competent court in Ahmedabad, Gujarat, India only. IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF CHALO REFERRAL PROGRAM SHALL EXCEED INR 500/- (RUPEES FIVE HUNDRED ONLY).
10. VALUE ADD SERVICES
- By accepting User Terms and conditions, on pressing the SOS button on the Chalo App, You consent to chalo using its best endeavours to provide You with assistance during a safety incident, emergencies or distress, as per chalo’s internal policies on emergency response. chalo may undertake remedial action(s), including, but not limited to the following:
- When you press the SOS button and report a safety incident, the chalo representative may escalate the incident internally or liaise with any third party security service providers to assist You and/or deploy response teams to Your location.
- chalo may inform any government authorities, such as the concerned police station, about the incident and seek their assistance; chalo may also provide such authority(ies) with your personal information including but not limited to your exact GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist You.
- chalo may engage third party security providers to assist You and chalo in addressing the incident. For this purpose, chalo may share your personal information, including but not limited to, your exact GPS location, your registered email ID and mobile number with third parties such as a security services provider, to enable them to take appropriate steps to assist You and solely to resolve the incident.
- Further to the above, You may receive telephone calls from an chalo representative and/or the relevant response team at the time of pressing the SOS button and in the duration that the incident is being resolved, and the same shall not be construed as breach of TRAI guidelines, in as much as these would be made for Your security and safety purposes.
- Under this clause, You give Your express consent to permit chalo to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.
- chalo will not be liable for any deficiency of service, provided to You under this clause on a best efforts basis, and this clause does not, in any manner, restrain You from seeking any other form of assistance from any other party.
11. CUSTOMER RELATIONSHIP MANAGEMENT
- All issues, opinions, suggestions, questions, and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 26.b. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials or reviews on or about the Rides or Services.
- Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
- Any issue reported on channels other than the above will be the best-effort of Chalo Service Improvement. Chalo takes no liability for the inability to get back on other channels.
- Chalo shall endeavor to respond to Your issues within 3 (Three) working days of Your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on a severity basis, and certain may be resolved earlier than the other. However, Chalo shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
- If for any reason, Chalo is not able to provide you any solution within 72 (seventy-two) hours, you may as a user receive up some of the cost as a credit toward the next ride.
12. VIOLATION OF TERMS AND CONDITION
Users shall not smoke and drink in the Vehicles or misbehave with the Driver or act or speak in violation of Applicable Law. In the event when Chalo finds out that Users are involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take appropriate action. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such an event, Your Account may be terminated by Chalo. Chalo reserves the right to inform applicable law enforcement if you are found or involved in an event.
13. FORCE MAJEURE
We shall not be liable for any failure to perform any obligations under this User Terms if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case, our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Chalo their affiliates, their licensors, and each of their 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 or (c) Your use or misuse of the Application or Service.
- The information, recommendations and/or Services provided to You on or through the Site, the Application and Chalo call center are for general information purposes only and do not constitute advice. Chalo will reasonably keep the Site 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.
- Chalo shall not be liable for You missing trains/flights/events or delays etc as the Service is dependent on many factors not in Chalo’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.
- In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Chalo shall only endeavor to get You in touch with the Driver assigned for Your Ride.
- Chalo shall not be liable for any damages resulting from the use of or inability to use the product and services, including damages caused by the wrong usage of the Site, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
- You shall take full responsibility for Your items and luggage. In case of lost items inside the vehicle during the journey, Chalo 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 You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Chalo of the same in writing within 24 (twenty-four) hours of using the Vehicle or the Services of Chalo. In the event the said goods are found, You shall be informed about the same by Chalo office from where You can collect it after 3 (three) working days from the date You were informed. Chalo, however, shall not be responsible for delivering the same back to You. If requested, Chalo may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the Chalo office. Chalo shall charge You a flat fee of Rs 750 for such delivery.
- Chalo does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
- Chalo shall not be responsible for any loss of communication/information of status update and benefits under the program. All this information will be sent on the mobile number and/or email ID registered with Chalo. Chalo 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 a booking confirmation.
- In No Event Shall Chalo 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 Chalo 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 Chalo’s Aggregate Liability Arising Out Of Or In Connection With These User Terms Or The Services Rendered Hereunder, Whether In Contract, Tort (Including Negligence, Product Liability, Or Other Theory), Warranty, Or Otherwise, Exceed The Amount Of Rs. 1000/- (One Thousand Rupees 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 Chalo shall be the minimum permitted under Applicable Law.
16. APPLICATION LICENSE
- Subject to Your compliance with these User Terms, Chalo 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 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 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.
- Chalo will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Chalo may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Chalo 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. Chalo reserves the right, at any time and without prior notice, to remove or disable access to any content that Chalo, at its sole discretion, considers being in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
17. CONTENT POSTED BY CUSTOMERS
- Chalo may accept the 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. Chalo shall not in any manner be responsible for or endorse the Posted Content.
- You agree that when posting Posted Content, You will not:
- 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.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
- 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.
- Deceive or mislead the addressee about the origin of messages or communicate any information which is grossly offensive or menacing in nature.
- Restrict or inhibit any other user from using and enjoying the Site.
- Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
- Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations, and guidelines notified thereunder.
18. INTELLECTUAL PROPERTY OWNERSHIP
- Chalo alone (and its licensors, wherever applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
- the Site, Application, and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
- text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
- 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 Chalo. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by the use of the Services or the Site/ Application.
- You may use the information on the Site purposely made available by Chalo for downloading from the Site, provided that You:
- do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
- 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
- do not make any additional representations or warranties relating to such information.
If permitted by Chalo, 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 Chalo trademarks or service marks or any Content belonging to Chalo 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.
20. TERM AND TERMINATION OF LICENSE AGREEMENT
- Unless terminated in accordance with this Clause 20, the agreement between Chalo and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
- You are entitled to terminate the agreement at all times by deletion of Your Account, and disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
- Chalo 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 Chalo, misuse the Application or the Service or for any other reason as Chalo deems fit. After termination Chalo will give notice thereof in accordance with these User Terms. Chalo is not obliged to give notice of the termination of the agreement in advance.
- Termination of this agreement will not prejudice the accrued rights of either Chalo.
- Clauses 14 (Indemnification), 15 (Liability), 16 (Application License), 17 (Contents posted on Site/ Application), 18 (Intellectual Property Ownership), 20 (Term and Termination), 26 (Notice) and 27 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their Terms, Assignments, Definitions.
21. 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 a simple severability clause to be incorporated 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.
In the event of any contradiction or inconsistency or other agreement executed between You and Chalo, 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.
- You agree that Chalo is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Chalo does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Chalo also does not guarantee or provide assurance in respect of the behavior, actions or data of the users.
- 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.
- Chalo 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 Chalo or any other person's negligence or otherwise).
- This Site, Application and all content on the Site and the Application are provided on "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 Chalo 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.
24. MODIFICATION OF THE SERVICE AND USER TERMS
- Chalo 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 your use to all or any feature of the Service or Application at any time.
- Chalo 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 Chalo 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. Chalo 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. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
You shall not assign Your rights under these User Terms without prior written approval of Chalo. Chalo can assign its rights under the User Terms to any affiliate.
- Chalo 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 Chalo’s account information.
- You may contact Chalo by electronic mail at Our email address firstname.lastname@example.org (legal@Chalo.io) or by written communication sent by regular mail to Our corporate address.
27. 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 Chalo as Chalo 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 Chalo and You. The place of the arbitration shall be Ahmedabad, Gujarat. unless otherwise mutually agreed by Chalo and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Ahmedabad, India.