These terms and conditions (“User Terms”) apply to Your visit to and use of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, and the Application. 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.
Terms and Conditions (Tez
Yatra cabs India)
TEZ YATRA | Tez Yatra | Tez Yatra Cabs Updated effective from 08th November, 2024
This Site/ Application/ Services
is/are operated /provided
by Tez Yatra (“Tez Yatra”).
These terms and conditions (“User Terms”) apply to Your
visit to and use of the Site whether through a computer or a mobile phone, the
Service and the Application, as well as to all information, recommendations and
or services provided to You on or through the Site, and the Application. 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 Tez Yatra’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
SITE. If You do not wish to accept any of the User Terms,
then please do not use the Site or avail any of the services being provided therein.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A
BINDING AGREEMENT BETWEEN YOU AND TEZ YATRA IN RESPECT
OF THE USE AND SERVICES
OF THE SITE. Your access
and use of the Services constitutes your agreement to be
bound by these Terms, which establishes a contractual relationship between you
and TEZ YATRA. These Terms expressly supersede prior agreements or arrangements
with you. TEZ YATRA 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. Supplemental terms may apply
to certain Services, such as policies for a particular event, activity or
promotion, and such supplemental terms will be disclosed to you in connection
with the applicable Services. Supplemental terms are in addition to, and shall
be deemed a part of, the Terms for the purposes of the applicable Services.
Your acceptance of the User Terms shall be deemed to
include your acceptance of the privacy policy available at https://www.Tez
Yatra.live. By accepting these User Terms,
You also allow Tez Yatra to send you promotional emails and SMS alerts from
time to time.
IT IS HEREBY EXPRESSLY
CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO CORPORATE ENTITIES WHO ARE GOVERNED BY
THE TEZ YATRA CORPORATE TERMS OF USE. HOWEVER, ALL AUTHORIZED USERS TAKING ‘TEZ YATRA
CORPORATE
RIDES’ I.E., FOR CUSTOMERS WHO ARE
AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN CORPORATE ENTITIES
AND TEZ YATRA SHALL ALSO BE GOVERNED BY THESE USER TERMS.
1. DEFINITIONS
All of the defined and capitalized terms in these
User Terms will have the meaning assigned to them here below:
(i) “Account” shall mean the account created
by the Customer on the Application for availing the Services
provided by Tez Yatra.
(ii) “Additional Fee” shall mean any toll, duty, inter-state taxes, etc. that may have been incurred in providing the
Services and payable to any third party / government authorities for
undertaking the Ride under Applicable Law.
(iii) “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.
(iv) “Application” shall mean the mobile application “Tez Yatra Cabs” updated by Tez Yatra from time to time.
(v) “Convenience Fee”/”
Access Fee” shall mean the fee payable
by the Customer to Tez Yatra for the Service i.e.,
for availing value
added services including
but not limited to technology
services, door to door service, customer support and cashless payment options.
Convenience Fee may also include any such fee that may be charged by third
parties towards providing access
to a particular location such as airports, railway stations etc.
(vi) “Cancellation Fee” shall mean a fee payable by You, towards
cancellation of a Ride or a
booking as detailed in Clause 7 of these User Terms and the Cancellation
policy.
(vii) “City
of Operation” shall mean a city in which the Customers and Drivers avail and render the transportation services
respectively. For clarity,
the services rendered by the
Drivers and availed by the Customers shall be in the same city.
(viii)
“Customer/ You” means a person who has an Account on the Application.
(ix)
“Driver” shall mean and include such
individuals as may be evaluated, appointed and trained by an operator
associated with us to provide the transportation services and persons who are
registered with Tez Yatra and own such Vehicles with necessary city taxi
permits
and other applicable transport vehicle permits and licenses to provide
transportation services within the City of Operation.
(x) “E-Wallet”
shall mean a pre-paid instrument, which can be used to make payments. (xi) “Fare” shall mean such amount payable by You in Indian
Rupees, which is reflected on the
Application, as the fare payable towards the distance traveled and time taken for the specific Ride. Fare may depend on several factors such as the availability of the
Driver(s) on the platform at the time, city and may also reflect the fares that
may have been stipulated by the respective
Governments from time to time. It may include components to reflect any promotions carried out by Tez Yatra.
(xii) “Force
Majeure Event” shall mean any event arising due to any cause beyond the
reasonable control of Tez Yatra.
(xiii)
“Tez Yatra” or “us” or “we” or “our”
shall mean Tez Yatra, a company
incorporated under the provisions of the Companies Act, 1956 and having
its registered office at Orange City Complex, Nagpur, Nagpur Maharashtra - 440012 India,
which expression shall,
unless it be repugnant to the
context or meaning thereof, be deemed to mean and include all its successors, affiliates and
permitted assigns.
(xiv) “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 Tez Yatra
from the Customer
from time to time for registration on the
Application.
(xv) “Ride” shall mean the travel in the Vehicle
by the Customer facilitated
through the Site.
(xvi) “Service(s)”
means the facilitation of the services by Tez Yatra through the Application or via a telephone request
at the call center of Tez
Yatra, or booking on the Site.
(xvii)
“Site” shall mean the Application and
the website https://www.Tez Yatra.live/
operated by Tez Yatra or any other software that enables the use of the Application or such other URL as may be specifically provided by Tez Yatra.
(xviii)
“Substitute Vehicle” shall mean another vehicle
arranged for transporting the Customers to his/her
destination, in the event of a Vehicle breakdown.
(xix) “Peak charge”
shall mean additional charge applied in the situation
where the demand is more than the available supply.
(xx) “Total Ride Fee” may comprise one or more of the following components that shall be levied to the ride based on various parameters
including but not limited to distance travelled, time taken for the ride,
city in which
the ride is hailed, time of the day, availability of drivers
nearby –
● Minimum fare
● Base fare
● Per kilometer
fare (based on the total distance of the ride)
● Per minute charges (based
on the time taken to complete the ride)
● Pre-wait charges
(if any)
● Third party charges like insurance premium
(if applicable)
● peak charges
(when applicable)*
● Past dues (if any); and
● Applicable taxes.
*Both fares and peak charges may vary
on the basis of various
market dynamics such as cost of
living, fuel pricing,
vehicle maintenance costs,
interest rates, demand
and supply situation, etc
(xxi) “T&Cs” and “User Terms”
shall mean these Customer terms
and conditions.
(xxii)
“TPSP” shall mean a third party service provider.
(xxiii)
“Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act,1988.
You will be “Eligible” to use the Services only when You fulfil all of
the following conditions:0
(i) 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.
3.1
You
understand and acknowledge that You can register on the Site only after complying with the requirements of
this Clause 3 and by entering Your Registration Data.
3.2
You shall ensure that the Registration
Data provided by You is accurate, complete, valid, true and is updated
from time to time. We shall bear no
liability for false, incomplete, old or incorrect Registration Data provided by
You.
3.3 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
a 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.
3.4
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 find
just or equitable.
3.5
Except for the Registration Data or
any other data submitted by You during the use of any other service offered through
Site (“Permitted Information”), Tez Yatra does not want You to, and You should
not, send any confidential or proprietary
information to Tez Yatra 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 Tez Yatra other than the
Permitted Information will not be considered confidential or
proprietary.
3.6
It is Your responsibility to check 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.
3.7 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). You will not, in your use of the Services, cause
nuisance, annoyance, inconvenience, or property damage, whether to the Third
Party Provider or any other party. In certain instances, you may be asked to
provide proof of identity to access or use the Services, and you agree that you
may be denied access to or use of the Services if you refuse to provide proof
of identity
3.8
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 helptezyatra@outlook.com
3.9
In case, You are unable to access Your Account, please inform Us at helptezyatra@outlook.com
and 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.
The Services constitute a technology platform
that enables users of TEZ YATRA’s mobile applications or websites provided as
part of the Services (each, an “Application”) to arrange and schedule
transportation and/or logistics services with independent third party providers
of such services, including independent third party transportation providers
and independent third party logistics providers under agreement with TEZ YATRA
(“Third Party Providers”). YOU ACKNOWLEDGE THAT TEZ YATRA DOES NOT PROVIDE TRANSPORTATION
OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH
TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY
CONTRACTORS WHO ARE NOT EMPLOYED BY TEZ YATRA OR ANY OF ITS AFFILIATES.
4.1.
The Services allows You to send a
request through Tez Yatra to a Driver on the Tez Yatra network. The Driver
has sole and complete discretion to accept or reject each request
for Service. If the Driver accepts
a request, Tez Yatra 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 Tez Yatra may determine.
4.2.
Tez Yatra 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 for such services.
4.3.
By using the Application or the
Service, You further agree that: (i) 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; (ii) You will not use an account that is subject to any rights
of a person other than You without appropriate authorization; (iii) You will
not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site
or our network in any way whatsoever;
(v) You will provide Tez Yatra with such information and
documents which Tez Yatra may reasonably request; (vi) You will only use an authorized network
to avail the Service; (vii)
You are aware that when requesting Services, whether by message, via Site or
calling the call center of Tez Yatra, standard messaging charges, data charges,
voice charges, as applicable, of the Your and Our phone network service
providers, will apply;
(viii) You will comply with all Applicable Law from Your country
of domicile and residence and the country,
state and/or city in
which You are present while using the Site or Service; and (ix) You are aware
of and shall comply with the Information Technology Act, 2000 and the rules,
regulations and guidelines no tied thereunder.
4.4.
Tez
Yatra 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, Tez Yatra will
store the information provided by You or record your calls for contacting You
for all Service related matters. You shall promptly inform Tez Yatra on any
change in the information provided by You.
4.5. Tez
Yatra or an authorized representative of Tez Yatra, shall provide information
regarding services, discounts and promotions provided by Tez Yatra or a TPSP to
You on the Tez Yatra App or 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 Site to discontinue the same.
4.7.
You agree to grant Tez Yatra 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
TEZ YATRA TO
4.8.
You agree and permit Tez Yatra to
share any information provided by You with third parties
in order to facilitate provision of certain value-added services offered
by such third parties to You and/or to provide certain value-added services to
You by Tez Yatra. You hereby expressly consent to receive communications from
Tez Yatra/ third parties offering
value-added services to You through Your registered phone number and/or e-mail
id and/or the Site. You agree that You will not hold Tez Yatra responsible for
any such communications received from third parties, nor will any such
communication amount to spam, unsolicited communication or a Tez Yatra of Your
registration on the national do not call registry.
4.9. Tez
Yatra 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 case, depending upon the
modality and the mechanism as may be devised, You will be provided with the
services by Tez Yatra jointly and/or severally with the party/ies in joint
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 arrangement also.
4.10.
In the event Tez Yatra provides You
any device as a part of the Services including but not limited to TEZ YATRA
Play (“TEZ YATRA Device”), You shall comply with the following. ‘TEZ YATRA Play’
means a connected car platform
using multiple devices in-car
and cloud technology platform owned and operated by Tez
Yatra, which endeavours to provide
an interactive experience to You – (i) You shall
not tamper, pilfer or misuse the TEZ YATRA Device(s) or allow, induce or assist
a third party to indulge in such activity. (ii) You shall not transcribe,
distribute, download, store, duplicate and reproduce the content forming part
of the TEZ YATRA Device(s) (“Content”), in whole or in part, through any medium
including, but not limited to, tape, disc, hard disk, computer system, or other
electronic recording or transmission device. (iii) You shall not (i) license,
sublicense, sell, resell, transfer, assign, distribute or otherwise
commercially exploit or make available to any third party, in any way, the TEZ
YATRA Device(s) and/or any Content; (ii) modify or make derivative works from the
Content; (iii) create Internet “links” to the Content or “frame” or “mirror”
any Content on any other server or wireless
or internet based device; (iv) reverse engineer
or access the TEZ
YATRA Device(s) and/or Content 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 TEZ YATRA Device(s) and/or Content, or (c) copy any ideas, features,
functions or graphics of the TEZ YATRA Device(s) and/or Content, 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 TEZ YATRA Device and/or
Content (iv) You shall not use the TEZ
YATRA Device(s) for any illegal or unlawful purposes including but not limited
to playing / watching pornographic content on the TEZ YATRA Device and shall
use the TEZ YATRA Device(s) solely
for purposes determined by Tez Yatra
and strictly in accordance with these User Terms. You
shall solely be responsible and liable for any Tez Yatras of law committed by
You and misuse of the TEZ YATRA Device(s), if any, with the TEZ YATRA
Device(s). (v) You shall ensure that the TEZ YATRA Device(s) is maintained in
Your possession in a proper manner. Tez Yatra may, at its sole discretion,
charge such amounts from You as may be determined by Tez Yatra for use of the
TEZ YATRA Device(s) by You.
(vi) In the event the TEZ YATRA Device(s) is
not functioning properly or if there is any technical or safety issue in
relation to the TEZ YATRA Device(s), You shall immediately inform the Driver
about any such issue. (vii) You shall use the TEZ YATRA Device(s) with due care and caution and not do anything or permit anything to be done that may cause damage
to the TEZ YATRA Device(s). If the TEZ YATRA Device(s) is damaged and is not
repairable due to any act of You, You shall pay amounts to Tez Yatra,
as may be determined by Tez
Yatra. If You fail or are unable
to pay the amounts determined by Tez Yatra, Tez Yatra shall be entitled to suspend
/ terminate Your Account with Tez Yatra without prejudice
to Tez Yatra’s rights under these User Terms and under Applicable Laws.
4.11.
In the event Tez Yatra provides You
any Vehicle for testing as a part of the Services including but not limited to
TEZ YATRA CARS (“TEZ YATRA CARS”), You shall comply with the following: (i) You
will ensure no damage is caused to the Vehicle in the course of your use/
testing the same and the same is returned in good condition; (ii) You agree that Tez
Yatra can charge
you for any such damage caused to the Vehicle
while being used by You; (iii) You will not use the test Vehicle only for the purpose of testing
and shall not exceed the predetermined time/ distance.
4.12.
In the event of breakdown of the
Vehicle, which is beyond repair, before completion of the Ride, Tez Yatra on a
best effort basis and
at its sole discretion may arrange for a Substitute Vehicle for completion of
Your Ride to Your destination. However, the arrangement of Substitute Vehicle
shall be subject to its availability.
4.13.
You acknowledge and agree that
Substitute Vehicle may not be necessarily of the same type as the original
Vehicle booked by You from the Site.
4.14.
Tez Yatra bears no responsibility and
liability for delays and losses suffered
by You or caused to You as a consequence of the breakdown of the Vehicle or the
Substitute Vehicle.
5.1.
Tez Yatra 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 and location , which shall be informed to You vide the
application or SMS or 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.
5.2.
Upon
confirmation of booking,
a One Time Pin (OTP) shall be provided on the
Application which shall be further shared by the Customer with the Driver. In the
event that the Customer does not provide OTP to the Driver, Driver shall not be
responsible for not starting on the services.
5.3.
You shall bear the consequences and
damages for any delay that may be caused to You due to Your failure to check
the confirmation
message via the application, SMS or email or failure to inform Tez Yatra of the
incorrect details immediately.
5.4. Certain selective customers will be eligible to avail the Service under a ‘Guest Booking’ feature, provided by Tez Yatra.
Such customers will also be bound by the
terms and conditions set out herein.
6.1. Tez Yatra shall
provide an estimate of the Total Ride Fee to You at the beginning of every
Ride. Such an estimate provided by Tez Yatra shall be subject to change on
account of several factors and shall be different to the actual Total Ride Fee
levied at the end of ride. The Customer shall pay the actual Total Ride fee
shown at the end of the ride in accordance with terms mentioned herein.
6.2.
You understand and accept that the
Total Ride Fee, including the applicable taxes, shall be payable by You to Tez
Yatra immediately upon completion of the Ride.
Any difference arising
at the end of the ride from the estimate
shall be payable by You to
Tez Yatra immediately upon completion of the Ride. Convenience Fee / Access
Fee charged by Tez Yatra
towards the value
added services provided by Tez Yatra,
as part of the Ride or otherwise, shall be determined
and amended at the sole and absolute discretion of Tez Yatra.
6.3.
You understand and agree to pay such
Additional Fee, which will form part of the receipt of the Total Ride Fee.
6.4.
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.
6.5.
Tez Yatra shall provide a receipt of
the Total Ride Fee payable by You at the end
of the Ride, however, invoices
from Tez Yatra,
Driver or TPSP shall be provided
to You on request. You may raise a request
for a copy of the invoices from our Site.
6.6. You
understand and agree to pay all applicable taxes included as part of the Total
Ride Fee.
6.7.
You shall choose to pay the Total Ride
Fee by the modes of payment available to You
by Tez Yatra on the Site, in addition to Cash payment
to the Driver after the
completion of the Ride.
6.8. You may choose to pay the Total Ride Fee
payable by You, in cash directly to the Driver upon
completion of the Ride, only if the chosen method of payment is Cash or in such other case the
Application may permit you to pay Cash.
6.9. You will be required to provide relevant payment details including Credit Card
/ Debit Card / Net Banking details
(“Card Details”) to process
payment of the Total
Ride Fee and You authorize Tez Yatra and an entity authorized by Tez Yatra for providing payment gateway/processor
services (“Payment Processor”) to access the Card details for processing the payment of Total Ride Fee.
In this respect, it is clarified that the Payment Processor whose services are utilized for the
purposes of the Site and/or Application and/or
Services shall be compliant with PCI-DSS (Payment Card Industry
– Data Security Standard) or such other standard notified by the relevant authority
from time to time. By using the services of the Payment Processor, You understand and
agree to the Terms and Conditions of the Payment Processor as may be issued by
the Payment Processor from time to time. Your authorization-
• permits Tez Yatra
and the Payment Processor to debit or credit the bank account or debit/credit
card account associated with Your payment details;
• permits Tez Yatra
and the Payment Processor to use Your Card
Details for the processing of transactions initiated by You by accessing
you account;
• subject to the prevalent
laws, will remain in effect
as long as You maintain an Account (and if You delete
Your Card Details or Account, TEZ YATRA or the Payment Processor will not be
able to process any further transactions initiated by You); and
•
is subject to any other terms and conditions of the
Payment Processor specified through the Application, SMS or other
methods from time to time.
6.10. Tez
Yatra offers You the facility of making an online payment through
an E- Wallet powered by a third party payment processor (“Wallet Service
Provider”). E-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 E-Wallet will be subject
to the terms, conditions, and privacy policies of the Wallet Service
Provider that Tez Yatra engages for the purpose. Tez Yatra will not be responsible
for any errors by the Wallet Service Provider in any manner and any dispute
arising out of such errors shall be directly settled between You and the Wallet
Service Provider. Further, even in cases of E 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 E-Wallet
payment, Tez Yatra shall collect
the Total Ride Fare or any
part of the Total Ride Fare on behalf of the Driver/ TPSP who will be
responsible for providing the such Services.
6.11.
Payment for the Total Ride Fee can be made to Tez Yatra on
credit subject to the terms provided at Tez Yatra Credit TNC.
Further, even in cases of Tez Yatra 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 an Tez Yatra Credit payment, Tez Yatra shall collect the Fare on behalf of the Driver/
TPSP who will be responsible for providing the transportation services.
6.12. Any
payment related issue, except when such issue is due to an error or fault in the Site, shall
be resolved between
You and the Payment Processor. Tez Yatra shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on
the Site.
6.13.
Subject to these Customer Terms, the Total Ride Fee
paid by You is final and non-refundable, unless otherwise determined by TEZ
YATRA. If any amount paid by You is fully or partially refundable for any
reason, such amounts will be refunded to You by TEZ YATRA to the same account
from which the payment was made or if the same could not be processed
successfully then as vouchers to be used in the Application. You may
contact TEZ YATRA and/or its Affiliates for any issues arising therefrom.
6.14.
Any payment processing-related issue not caused by an error or fault with the Application must be resolved by
You and the relevant Payment Processor.
6.15.
You agree that use of certain Promo Codes/ Vouchers
may result in different charges for the same services and shall not have a
bearing on charges applied to You unless the Promo
Codes have been specifically made available to You.
6.16. In the event of a
default or failure to pay the Total Ride Fee for any reason by You: (i) TEZ
YATRA may restrict You from booking a new Ride through the Application until the outstanding Total Ride Fee in respect
of the previous Ride(s) has been paid by You; (ii) You agree and acknowledge that TEZ YATRA shall recover any outstanding monies payable by You for Ride(s) in respect of which Total Ride Fee has not been paid; and (iii) You will be responsible, and must pay, for all costs
incurred by TEZ YATRA (including costs for which
TEZ YATRA may be
contingently liable) in any attempt to collect any monies owed by You to TEZ
YATRA’s Drivers under these Customer Terms including debt collection agent
costs, repossession costs, location search costs, process server costs and
solicitor costs on a solicitor/client basis.
7.1.
Tez Yatra will notify on the
Application a Cancellation fee upon cancellation of a Ride. You agree and
acknowledge that You may cancel Your request for Services at any point of time subject to a Cancellation Fee which is explained
at https://www.Tez Yatra.live. 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. You understand and agree
to pay such Cancellation Fee as per the payment
terms in Clause 6 of these Terms as part of the Total Ride Fee of the
subsequent Ride or pay such outstanding Cancellation Fee before availing the
subsequent Ride.
7.2.
Tez Yatra 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, however, separate invoices raised by the TPSPs for the Cancellation Fee, and Tez Yatra for the Convenience Fee on
cancellations shall be provided to You on request. You may raise a request
for a copy of the invoices from the Support
page.
7.3.
The Cancellation Fee shall be payable
by You immediately upon levy. However, Tez Yatra may, at its sole discretion,
include such Cancellation Fee payable by You as part of the Total Ride Fee payable
from Your subsequent Ride.
7.4. The mode of payment
of the Cancellation Fee shall
be in terms of Clause
6 of these User Terms.
7.5. This Clause
7 shall not apply to corporate rides
availed pursuant to the terms and conditions.
8.1. You shall not smoke, drink or carry any contraband substances in the Vehicles or misbehave with the Driver or
distract the Driver or act in Tez Yatra of Applicable Law. In the event
You are found to be 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 such steps as may be available to us under Applicable Law. You shall
also be blacklisted as a result
of non-payment of the fine or
misbehaving as the case may be, and in such event, Your Account may be
terminated by Tez Yatra.
9.1.
All issues, opinions, suggestions,
questions and feedback while availing our Services can be communicated to us
via several modes such as self serve app or website or email. After completion of the ride, you are entitled to give a suitable rating for the service
and ride. You agree to be fair, accurate and non-disparaging
while leaving comment, feedbacks, testimonials or reviews on or about
the Rides or Services.
9.2. Reporting of any issue
needs to be within 30 (thirty) days of the happening
of the issue, failing which, such issue will not be addressed.
9.3. Any issue
reported on channels
other than the above may be addressed by Tez Yatra only on a best-effort
basis. Tez Yatra takes no liability for inability to get back on other
channels.
9.4. Tez Yatra shall endeavor
to respond to Your issues
within 2 (two)
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
severity basis.
10.1
By accepting these User Terms and on
pressing the SOS button on the Tez Yatra App, You consent to Tez Yatra using its best endeavors to
provide You with assistance during a
safety incident, emergencies or distress, as per Tez Yatra’s internal policies
on emergency response. Tez Yatra may undertake remedial action(s), including,
but not limited to the following:
10.1.1
When
you press the SOS button and report
a safety incident, the Tez Yatra 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.
10.1.2
Tez Yatra may inform any government
authorities, such as the concerned police station, about the incident and seek
their assistance; Tez Yatra 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.
10.1.3
Tez Yatra may engage third
party security providers to assist You and Tez Yatra in addressing the incident. For this purpose, Tez
Yatra 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.
10.1.4 Further
to the above, You may receive telephone calls from an Tez Yatra 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.
10.2 Under
this clause, You give Your express consent to permit Tez Yatra to undertake the
above along with any ancillary actions that may be required to facilitate an effective
emergency response.
10.3 Tez
Yatra 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.
11.1
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.
12.1
By accepting these User Terms and
using the Service, You agree that You shall defend, indemnify and hold Tez Yatra, 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 Tez
Yatra or breach of any term of these User Terms or any Applicable Law or
regulation, whether or not referenced herein; (b) Your Tez Yatra of any rights
of any third party, including the TPSPs or (c) Your use or misuse of the
Application or Service.
13.1. The
information, recommendations and/or Services provided to You on or through the
Site, the Application and Tez Yatra call center are for general information purposes
only and do not constitute advice. Tez Yatra 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.
13.2.
Tez Yatra shall not be liable for You
missing trains/flights/events or delays etc. as the Service is dependent
on many factors not in Tez Yatra’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.
13.3. In
the event, there is a delay by the Vehicle in reaching the pickup location
beyond 30 (thirty) minutes of the pickup time, Tez Yatra shall only endeavor to
get You in touch with the Driver assigned for Your Ride.
13.4.
Tez Yatra 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.
13.5.
You shall take full responsibility of
Your items and luggage. In case of lost items inside the Vehicle during the
journey, Tez Yatra 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 Tez
Yatra of the same in writing within 24 (twenty four) hours of using the Vehicle
or the Services of Tez Yatra.
13.6. Tez
Yatra shall not be responsible for any loss of communication / information of
status update and benefits.
All this information will be sent on mobile number and/or email ID registered
with Tez Yatra. Tez Yatra 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.
13.8.
IN ADDITION, AND WITHOUT LIMITING THE
FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
TEZ YATRA’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/-
(Rupees One Thousand only).
13.9.
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 Tez Yatra shall be the minimum permitted under
Applicable Law.
14.1. Subject
to Your compliance with these User Terms, Tez Yatra 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.
14.2. 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.
14.3. You
shall not: (i) send spam or otherwise duplicative or unsolicited messages in Tez
Yatra of applicable laws; (ii) send or store infringing, obscene, threatening,
libelous, or otherwise unlawful or tortious material, including material
harmful to children or Tez Yatra 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.
14.4. Tez Yatra will have the right
to investigate and prosecute Tez Yatras of any of the above to the fullest extent of the law. Tez Yatra
may involve and cooperate with law enforcement authorities in prosecuting users
who Tez Yatra
these User Terms. You acknowledge that Tez
Yatra 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.
Tez Yatra reserves the right, at any time and without prior notice, to remove
or disable access to any content
that Tez Yatra,
at its sole discretion, considers
to be in Tez Yatra
of these User Terms or otherwise harmful
to the Site, the Service or Application.
15.1. Tez
Yatra 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. Tez Yatra shall
not in any manner be responsible for or endorse the Posted Content.
15.2. 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) Tez
Yatra 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, defense, 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) Tez Yatra any Applicable Laws or regulations including the Information
Technology Act, 2000 and the rules, regulations and guidelines notified
thereunder.
16.1. Tez
Yatra 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.
16.2. 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 Tez Yatra.
You shall be solely responsible for any Tez Yatras of any laws and for any infringements of any
intellectual property rights caused by use of the Services or the Site/
Application.
16.3. You may use information on the Site purposely made available by Tez
Yatra 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.
17.1. If permitted by Tez Yatra, 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 Tez Yatra trademarks or service marks or
any Content belonging to Tez Yatra 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.
18.1. Unless terminated explicitly, the agreement
between Tez Yatra and You is
perpetual in nature upon downloading the Application and for each Service
booked through the Site.
18.2. 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.
18.3. Tez
Yatra 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) Tez Yatra or
breach any term of these User Terms, or (b) in the opinion of Tez Yatra, misuse the Application or the Service.
Tez Yatra is not obliged
to give notice of the
termination of the agreement in advance. After termination Tez Yatra will give
notice thereof in accordance with these User Terms.
18.4. Termination of this agreement will not prejudice accrued rights of either Tez Yatra or You.
18.5.
Clauses 11 (Indemnification),
12 (Liability), 13 (Application License), 14 (Contents posted on Site/
Application), 15 (Intellectual Property Ownership), 17 (Term and Termination),
22 (Notice) and 24 (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.
19.1. 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.
In the event of any contradiction or
inconsistency between this User Terms and any
other agreement executed
between You and Tez Yatra,
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.
21.1.
You agree that Tez Yatra is merely an
electronic platform to facilitate aggregation of Vehicles and does not in any
manner provide transportation services. Tez Yatra
does not endorse,
advertise, advise or recommend You to avail the
Services of any Driver. Tez Yatra also does not guarantee or provide assurance in respect of the behavior,
actions or data of the users posted on the Site.
21.2. 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.
21.3. Tez
Yatra 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 Tez Yatra or any other person's negligence or
otherwise).
21.4.
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 Tez Yatra shall not be liable for any
damages of any kind related to Your access and use of this Site and/or
Application.
21.5. 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.
21.6. Tez Yatra is not engaged in the insurance
business and does not provide
any insurance services. Tez Yatra has facilitated provision of insurance services
for the benefit
of Customers, under group travel insurance policies availed from insurance
companies, whereby Tez Yatra is acting as the group manager of the policy. Tez
Yatra does not guarantee or make any promise in relation to the insurance
policy/ insurance company, including but not limited to any benefits
from use of the insurance services
provided by the insurance companies, such as coverage, claims and settlements.
Any claim or servicing of insurance policies, raised through the Application,
remains a matter between the Customer
and the insurance company, and Tez Yatra shall not be responsible for the
actions of the insurance company or the Customer. It is to be noted that the
insurance policy number, claim certificate,
invoice for the insurance premium/ fee collected from the Customer is not be
issued by Tez Yatra, but will be issued by the respective insurance company.
Any issues in receiving tax invoices or issues faced in claiming the insurance are not the responsibility of Tez Yatra.
Tez Yatra disclaims all and all liability in relation to the services
of the insurance company. Please reach out to the insurance company in case of
any questions/ issues.
22.1.
Tez Yatra 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.
22.2.
Tez Yatra 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 Tez Yatra 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.
Tez Yatra 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.
23.1. Tez
Yatra 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 Tez Yatra’s account information.
Details of the Grievance
officer
email id : helptezyatra@outlook.com
24.1. You shall not assign
Your rights under these User Terms without
prior written approval of Tez Yatra. Tez Yatra can assign its rights under the User Terms to any affiliate.
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 Tez Yatra as Tez Yatra 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 Tez Yatra and You. The place of the
arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by
Tez Yatra and You in writing. Subject to the above, any Dispute will be subject
to the exclusive jurisdiction of courts in Bangalore, India.
