CUSTOMER TERMS AND CONDITIONS


The terms and conditions contained in this document ("T&Cs") is an electronic record in terms of the Information Technology Act, 2000 and the rules made 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, (I) YOU ARE CONSENTING TO BE BOUND BY THESE T&C's FOR USE OF THE SITE AND (II) YOU ARE APPOINTING TAXIO AS YOUR REPRESENTATIVE FOR THE PURPOSE OF BOOKING THE SAME VEHICLE FOR THE SAME ROUTE ON BEHALF OF YOURSELF AND OTHER CO-PASSENGERS, FOR ACCESS OF THE SITE BY ACCEPTING THE PERMIT HOLDER SERVICE AGREEMENT. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS AND CONDITIONS BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE SITE, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of the Terms and Conditions or the Permit Holder Service Agreement, then please don't use the Site or avail any of the Services being provided therein. YOU AGREEING TO THESE TERMS AND CONDITIONS and the PERMIT HOLDER SERVICE AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND TAXIO IN RESPECT OF THE USE OF THE SITE.  
(I) DEFINITIONS

All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
  • "Account"refers to the account created by Customer on the Site.
  • "Act"means the Motor Vehicle Act, 1988 and the rules made thereunder and include any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.
  • "Applicable Laws"shall mean and include all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court, in India.
  • "Authorized Driver"shall mean and include such individuals, who hold a valid Contract Carriage Permit; and as may be evaluated, appointed and trained by the Permit Holder to provide the transportation services on behalf of the Permit Holder in accordance with the Permit Holder Terms & Conditions and the Applicable Law.
  • "City of Operation"shall mean the city in which Taxio service is launched and the Customers and Permit Holders avail and render the Services respectively. For clarity, the Service rendered by the Permit Holders and availed by the Customers shall always be in the same city.
  • "Co –Passenger"shall mean the other Customers who have collectively booked the ride through a common representative on the same Vehicle using the Site.
  • "Customer"or "You", "Your or "Yourself" means any person who accesses the Site and/or uses the Services on the Site through an Account. "TAXIO" or "Us" means M/s KRISERV having its corporate office at 30/1417, Nr Ponnurunni Bridge, Vyttila, Cochin, 682019.
  • "Permit Holder"means such persons who have been granted valid and subsisting Contract Carriage Permits by the transport authorities in the City of Operation under the Act and the rules made thereunder and have entered into an agreement for subscription with Taxio to list their Vehicles on the Site in the City of Operation, and operate according to the terms and conditions applicable to such subscription.
  • "Permit Holder Service Agreement"refers to the agreement between the Permit Holder and the Customers through their representative for provision of Services, in accordance with the Permit Holder T&Cs and these T&Cs.
  • "Permit Holder T&Cs"refers to the Permit Holder terms and conditions which are available at the Site and have been accepted by the Permit Holder upon subscription to the Site.
  • "Service(s)"includes (a) facilitating the provision of services from the Permit Holder of transporting Customers within the City of Operation, who have collectively booked their ride through a common representative, on the same Vehicle of the Permit Holder, from the pick-up point(s) to the drop-off point(s) as communicated by the Customers at the time of making the booking on the Site; and (b) payment collection from Customers through Taxio Money and its settlement with the Permit Holder, to facilitate the transactions between the Customers and the Permit Holder; and (c) such other services as may be determined by Taxio from time to time.
  • "Site"shall mean the mobile application an online booking platform, which is owned and operated by Taxio and includes any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by Taxio.
  • "Vehicle"means the cab(s) listed by the Permit Holders on the Site to be used, to transport Customers in the City of Operation where it is registered, where such Customers have collectively booked their ride through a common representative on such Vehicle using the Site.
(II) Interpretation

  1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
  2. Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.
  3. Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as TAXIO will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
(III) Eligibility

  1. You will be "Eligible"to use Our Services only when You fulfill the following conditions:
    • You have attained at least 18 (eighteen) years of age;
    • You are competent to enter into a contract under the Applicable Laws.
  1. You can avail the Services only if You fulfill the conditions as mentioned in 3.1.1 to 3.1.2 above. If You are not Eligible, please immediately abandon any and all attempts to register with Us or use Our Services.
  2. We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Site is not Eligible.
(IV) Registration

  1. You can register as a Customer, by providing a current, accurate, valid and active phone number, Your name, current, accurate, valid and functional e-mail address and any other additional information as may be required by Taxio ("Registration Data") at the time of creating the Account.
  2. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
  3. You hereby expressly consent to receive communications including promotional content from Us through Your registered phone number and/or e-mail id. You consent to be contacted by Us via phone calls/SMS notifications/emails. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
  4. 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 on the Site, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being 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.
  5. In the event of any change in the said information, You agree to promptly update Your Account information to ensure that the communications We intend to send to You are promptly delivered to You and are not sent to any other entity/third party.
  6. 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 other just and equitable reasons.
  7. 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 the info@taxio.in
  8. In case, You are unable to access Your Account, please inform Us at info@taxio.inand make a written request for blocking Your Account. We shall require atleast 72 (Seventy Two) hours to process your request unless in case of Force Majeure (as defined hereinafter) events. In any case, We will not be liable for any unauthorized transactions made through Your Account prior to blocking of Your Account by Us in the manner provided hereinabove.
(V) Permit Holder Service Agreement

  1. You shall be able to avail our Service and successfully book a ride on a Vehicle using the Site only upon accepting these T&Cs and the terms of the Permit Holder Service Agreement of the relevant Permit Holder, that governs the provision of transportation service to You using the Vehicle, available on the Site. You agree and accept that when You express interest in booking a ride on a Vehicle on the Site, the Vehicle shall be booked as a whole, for use by Yourself and other Co-passengers interested in booking a ride on the same Vehicle for the same route. YOU HENCE AGREE TO THESE T&Cs AND APPOINT TAXIO AS YOUR REPRESENTATIVE FOR THE PURPOSE OF BOOKING THE SAME VEHICLE FOR THE SAME ROUTE ON BEHALF OF YOURSELF AND OTHER CO-PASSENGERS, BY AND FOR ACCEPTING THE TERMS OF THE RELEVANT PERMIT HOLDER SERVICE AGREEMENT.
  2. You agree that under this clause 5, Taxio acts as your representative for the limited purpose of providing Services and will not be construed as your representative or agent or partner, whether under this Agreement or otherwise, for any other purpose.
(V) Permit Holder Service Agreement

  1. You shall be able to avail our Service and successfully book a ride on a Vehicle using the Site only upon accepting these T&Cs and the terms of the Permit Holder Service Agreement of the relevant Permit Holder, that governs the provision of transportation service to You using the Vehicle, available on the Site. You agree and accept that when You express interest in booking a ride on a Vehicle on the Site, the Vehicle shall be booked as a whole, for use by Yourself and other Co-passengers interested in booking a ride on the same Vehicle for the same route. YOU HENCE AGREE TO THESE T&Cs AND APPOINT TAXIO AS YOUR REPRESENTATIVE FOR THE PURPOSE OF BOOKING THE SAME VEHICLE FOR THE SAME ROUTE ON BEHALF OF YOURSELF AND OTHER CO-PASSENGERS, BY AND FOR ACCEPTING THE TERMS OF THE RELEVANT PERMIT HOLDER SERVICE AGREEMENT.
  2. You agree that under this clause 5, Taxio acts as your representative for the limited purpose of providing Services and will not be construed as your representative or agent or partner, whether under this Agreement or otherwise, for any other purpose.
(VI) Do's & Don'ts

  1. You are required to ensure that the Vehicle that reports for pick up bears the same registration number and the registration details specified to You through the Site.
  2. You shall not use the Site for any unlawful purpose, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
  3. You may reach Us at info@taxio.inand 0484-4440444. All the calls made to TAXIO's Call Center are recorded by TAXIO for quality and training purposes.
(VII) Use of Site

You agree, undertake and confirm that Your use of Site shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
    • belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of the Site or Services; or
    • that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person; or
    • misleading in any way; or
    • is patently offensive to the online community, such as sexually explicit Content (as defined hereinafter), or Content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
    • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
    • infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
    • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
    • provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses; or
    • contains video, photographs, or images of another person without his or her express or written consent and permission or the permission or the consent of his her guardian in the case of minor; or
    • tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable codes of conduct and end user access and license agreements) to the Site or to profiles, blogs, communities, account information, bulletins, or other areas of the Site or solicits passwords or personal identifying information from other users; or
    • engages in commercial activities and/or sales on or related to the Site, without Our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items. Throughout these T&Cs, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the proposed activity or conduct for which You seek authorization; or
    • refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Site, contains Content that is prohibited under these T&Cs or violates the letter or spirit of these T&Cs; or
    • harms minors in any way; or
    • is fraudulent or involve the sale of counterfeit or stolen items; or
    • violates any law for the time being in force or any Taxio policies, as updated from time to time; or
    • deceives or misleads the users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
    • impersonates another person; or
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site; or
    • threatens 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 to any other nation; or
    • is false, inaccurate or misleading; or
    • directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Laws, rule, regulation or guideline for the time being in force; or
    • creates liability for Us or causes Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
 
  1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
  2. You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any Customer, including details of Accounts not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
  3. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Our systems or networks, or any systems or networks connected to the Site.
  4. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  5. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these T&Cs, or to solicit the performance of any illegal activity or other activity that infringes the rights of Taxio or others.
  6. You shall not use the Services or Site in any manner that could damage, disable, overburden, block or impair any of the servers connected to the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.
  7. You may not reverse engineer, decompile and disassemble any software used to provide the Services.
  8. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Taxio on platform or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
  9. Solely to enable Us to use the information so that We are not violating any rights You might have in Your Information, You agree to grant Us 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. We will only use Your Information in accordance with these T&Cs and Our Privacy Policy.
  10. You shall not engage in advertising to, or solicitation of, other users of the Site to buy or sell any products or services, including, but not limited to, services related being displayed on or related to the Site. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Site. It shall be a violation of these T&Cs to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Site without Our prior explicit consent. In order to protect Our users from such advertising or solicitation, We reserve the right to restrict the communication from a user to other users, as We may deem appropriate in Our sole discretion.
  11. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any Applicable Laws, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  12. We reserve the right, but have no obligation, to monitor the materials posted on the Site. We shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any Applicable Laws or either the spirit or letter of these T&Cs. Notwithstanding this right of Taxio, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE/ AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
  13. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Site.
  14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You on the public forum due to your use of the Site, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by using the Site, You acknowledge and agree that, We shall not be responsible for the use of any personal information that You publicly disclose or share with others on the Site. Please carefully select the type of information that You publicly disclose or share with others on the Site, or from the Site on other social platforms (eg, but not limited to Facebook).
(VIII) Contents Posted on Site
  1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
  2. Except as expressly provided in these T&Cs, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
  3. You may use information on the Site purposely made available by Us for downloading from the Site, provided that You:
    • do not remove any proprietary notice language in all copies of such documents; or
    • 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
    • make no modifications to any such information; or
    • do not make any additional representations or warranties relating to such documents.
  1. You shall be responsible for any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites ("Posted Content") by You. Such Posted Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Posted Content. We shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by Us in the manner that We deem fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Us. Notwithstanding anything contained in this clause, You shall be solely responsible for the Posted Content on the Site.
(IX) Placing a Service Request

You may offer a request to avail the Service on the Site after accepting these T&Cs and the Permit Holder Service Agreement. By offering a request to avail the Service on the Site You are bound by these T&Cs and the Permit Holder Service Agreement.

We will store the information provided by You for matters connected to the request for offer of Service and incidental thereto. Further, information relating to the Service will be sent to You on Your mobile number or email ID registered with Us by You. You may promptly inform Us on any change in the contact information provided.

We will not be responsible for any change in the mobile number/e-mail ids which have not been updated on the Site by You. We will not be liable for any loss incurred due to the inappropriateness of the mobile or email or any other communication medium.
(X) Confirmation of Booking

We may, upon receiving the offer by You to avail the Service, accept the offer and initiate the Service including the booking of the Vehicle, which shall be informed to You through the Site or vide an SMS and/or email.

In the event the aforesaid offer is accepted by Us, You shall be sent the booking details including the Authorized Drivers name and contact details, Vehicle registration number, charges and the pick up and drop points estimated time of arrival ("ETA"), estimated travel time ("ETT") and such other details as We may determine from time to time. You hereby understand, agree and consent to the receipt of such messages from Us.

You shall be responsible for immediately reporting the errors, if any, occurred in the transmission of information regarding the initiation of Service, to You. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS/email and/or failure to inform Us of the incorrect and/or inaccurate details immediately.
(XI) Payment

Online payment for trips shall be made to Us in advance of the transportation services, through an e-wallet. When You choose to make an online payment, We shall collect the fare from You as the representative of the Customer. Collection of the fare on behalf of the Customers and the handing over the fare to the Permit Holder shall in no way imply that the transportation services are being provided to You by Us.

The processing of payments or credits, as applicable, in connection with your use of the Payment Method will be subject to the terms, conditions, and privacy policies of the Payment Processor that We engage for the purpose. We will not be responsible for any errors by the Payment Processor. In connection with your use of the Services, We will obtain certain transaction details, which We will use solely in accordance with its privacy policy.

We will generate the invoice on behalf of the Permit Holder servicing your request, which will be sent across to your registered e-mail. Please note that the charges mentioned in the invoice are exclusive of traffic surcharge. Any payment made is non-refundable.
(XII) Intellectual Property Protection

  1. All trademarks, brands and service marks used in connection with the Site or Services offered by TAXIO are owned by TAXIO and is TAXIO's property; TAXIO owns all copyrights and intellectual property rights and database rights in connection with the Services and the Site. Third party trademarks may appear on this Site 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.
  2. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site.
(XIII) Other Businesses

We do not take responsibility or liability for the actions, products, content and services on the Site, which are linked to affiliates and / or third party websites using Our APIs or otherwise. In addition, We may provide links to the third party websites of affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them, and We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof.
(XIV) Links

We welcome links to this Site. 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 Taxio trademarks or service marks or any Content belonging to Taxio 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.
(XV) Termination and Expiry of the Account

We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever. You can terminate Your Account by submitting a request to Us at info@taxio.in. We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all transactions that occurred prior to termination of Your Account.
(XVI) Disclaimers
  1. You understand that Taxio is merely an intermediary providing online marketplace services and the Site is only a platform where You shall request for TAXIO transportation services by Permit Holders, to be provided upon execution of the Permit Holder Service Agreement and registration and acceptance of these T&Cs. Accordingly, We shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of the TAXIO transportation service. To the extent permissible under Applicable Laws, Taxio disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Permit Holder, during the course of providing the TAXIO transportation service, (a) of the Applicable Laws; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities in the City of Operation; or (c) of the duty of care the Permit Holder and/or the Driver owes to the Customers.
  2. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind about Our Services or the Site, whether express or implied including without limitation, any representation or warranty about for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, We do not warrant that:
    • This Site will be constantly available, or available at all;
    • The information on this Site is complete, true, accurate or non-misleading; or
    • This Site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Site; their servers; or electronic communication sent from Us are free of viruses or other harmful components;
    Nothing on the Site constitutes, or is meant to constitute, advice of any kind.
  1. Taxio shall not be responsible or liable for any direct, indirect, incidental, punitive, or consequential loss or damage, howsoever caused or suffered by the Customer arising out of the use of Services, including but not limited to cancellation of the Services, deviations from the ETA and ETT.
  2. Taxio will contractually mandate that the Permit Holder fulfills his obligations to the Customers but, Taxio will not be held liable for any loss or damages suffered by the Customers during the transportation service or due to the failure of the Permit Holder to provide transportation services to the Customer for any reason whatsoever.
  3. It is expressly made clear to You hereby that Taxio does not own any Vehicles nor does it directly or indirectly employ any Drivers for the Vehicles. Taxio disclaims any and all liability in respect of the Drivers and the Vehicles alike. Taxio however encourages You to notify Us of any complaints that You may have against the Driver of any Vehicle that You booked using the Site.
  4. All the Vehicles listed on the Site are continuously tracked using GPS for security reasons only.
  5. We will take every reasonable effort not to share any of trip details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under any Applicable Law, or to the limited extent necessary for Us to implement any booking instructions We receive from You. Please read Our Privacy Policy for further details regarding the use of Your Personal Information. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.
  6. We do not authorize anyone to make a warranty on Our behalf and You may not rely on any statement of warranty as a warranty by Us.
  7. Taxio and its 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 TAXIO or any other person's negligence or otherwise).
(XVII) Notices and communication
  1. Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to:

    Attn:  Support Team

    Address:  30/1417, Nr Ponnurunni Bridge, Vyttila, Cochin, 682019.

    E-mail: info@taxio.in
  2. All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
  3. You will be also subject to Our privacy policy
(XVIII) Indemnity and Limitation of Liability

  1. You will defend, indemnify and hold harmless taxio, and each of their affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) that arises out of or relates to use of the services or the site from your account, or your violation of these T&Cs and the permit holder service agreement.
  2. Your sole and exclusive remedy for any disputes with us is the cancellation of your account with the site. In no event shall taxio be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if we have been informed in advance of the possibility of such damages.
  3. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the site, regardless of the form of action, exceed INR 1000/- (indian rupess one thousand only).
(XIX) Force Majeure

We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

For the Purpose of this clause "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of Taxio.
(XX) Copyright complaint

We respect the intellectual property of others. In case You feel that your work has been copied in a way that constitutes copyright infringement, You can write to Us at info@taxio.in.
(XXI) Waiver

Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.
(XXII) Revision of T&Cs
  1. We reserve the right to change any of these T&Cs or any policies or guidelines governing the Site or Services, at any time and at Our sole discretion. It is Your responsibility to review these T&Cs periodically for updates / changes. Any changes will be effective upon posting of the revisions on the Site. We may send You an automated e-mail to Your registered e-mail ID informing about the changes made.
  2. Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Site. By continuing to access or use the Site or the Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Site or using Our Services immediately.
(XXIII) Customer grievance redressal policy

  1. If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at info@taxio.in.
  2. The procedure of escalation of complaints shall be as follows:

    Escalation Level – 1:Write to Team Taxio

    Address: 30/1417, Nr Ponnurunni Bridge, Vyttila, Cochin, 682019.

    E-mail: info@taxio.in

    Response Time: 72 hours
  3. We shall respond to all complaints lodged with us, within 72 (seventy two) hours through emails, telephone calls, personal visits, etc. and shall redress your grievance expeditiously.
(XXIV) Severability

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.
(XXV) Governing law and dispute resolution
  1. Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof("Dispute"), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled, in the offices of Taxio in Kochi, through mutual consultation and escalation at such offices of Taxio as Taxio may designate. If the Dispute is not settled amicably as aforesaid within a period of [14] (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer.
  2. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Kochi.
  3. This T&Cs and the Permit Holder Service Agreement shall be governed by and construed in accordance with the laws of India and, subject to this Clause 25, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs and the Permit Holder Service Agreement will be adjudicated exclusively before a competent court in Kochi, India only.
Updated effective from December 23, 2016

This Site/ Application/ Services is/are operated /provided by KRISERV.

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, the Service 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, You are 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 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 TAXIO IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy.

By accepting these User Terms, you also allow Taxio 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 A CUSTOMER TAKING 'TAXIO CORPORATE RIDES' I.E., FOR CUSTOMERS WHO ARE EMPLOYEES OF CORPORATE ENTITIES WITH WHOM TAXIO HAS A DIRECT ARRANGEMENT.
Updated effective from December 23, 2016

This Site/ Application/ Services is/are operated /provided by KRISERV.

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, the Service 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, You are 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 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 TAXIO IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy.

By accepting these User Terms, you also allow Taxio 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 A CUSTOMER TAKING 'TAXIO CORPORATE RIDES' I.E., FOR CUSTOMERS WHO ARE EMPLOYEES OF CORPORATE ENTITIES WITH WHOM TAXIO HAS A DIRECT ARRANGEMENT.
1. DEFINITIONS

All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

  1. "Account" shall mean the account created by the Customer on the Application for  availing the Services provided by Taxio.
  2. "Additional Fee" shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare but payable to any third party / government authorities for undertaking the Ride under Applicable Law
  3. "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. 2 TAXIO | KRISERV | Taxio Cabs
  4. "Application" shall mean the mobile application "Taxio Cabs" updated by Taxio from time to time.
  5. "Convenience Fee" shall mean the fee payable by the Customer to Taxio for the Service i.e., for availing the technology services offered by Taxio. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
  6. "Cancellation Fee" shall mean the fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
  7. "City of Operation" shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Customers shall be in the same city.
  8. "Customer/ You" means a person who has an Account on the Application.
  9. "Driver" shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us or TPSPS to provide the transportation services on its behalf and persons who are registered with Taxio and own the Vehicles and who have necessary city taxi permits and licenses to provide transportation services within the City of Operation.
  10. "E-Wallet" shall mean a pre-paid instrument, which can be used to make payments.
  11. "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 . The Fare shall be exclusive of all applicable taxes on the Fare, if any.
  12. "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of Taxio.
  13. "Taxio" or "us" or "we" or "our" shall mean M/s KRISERV, having its corporate office at 30/1417, Nr Ponnurunni Bridge, Vyttila ,Cochin, 682019 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.
  14. "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 Taxio from the Customer from time to time for registration on the Application. 3 TAXIO | KRISERV | Taxio Cabs
  15. "Ride" shall mean the travel in the Vehicle by the Customer facilitated through the Site.
  16. "Service(s)" means the facilitation of transportation service by Taxio through the Application or via a telephone request at the call centre of Taxio, or booking on the Site, within the City of Operation, as elaborated in Clause 4.
  17. "Site" shall mean the Application and the website https://www.taxio.in/ operated by Taxio or any other software that enables the use of the Application or such other URL as may be specifically provided by Taxio.
  18. "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.
  19. "T&Cs" and "User Terms" shall mean these Customer terms and conditions.
  20. "TPSPS" shall mean M/s KRISERV, having its corporate office at 30/1417, Nr Ponnurunni Bridge, Vyttila, Cochin, 682019 which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates and permitted assigns.
  21. "TPSP" shall mean a Driver and/or an operator associated with us or TPSPS, offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.
  22. "Vehicle" shall mean a motor cab as defined under the Motor Vehicles Act, 1988.
1. DEFINITIONS

All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

  1. "Account" shall mean the account created by the Customer on the Application for  availing the Services provided by Taxio.
  2. "Additional Fee" shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare but payable to any third party / government authorities for undertaking the Ride under Applicable Law
  3. "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. 2 TAXIO | KRISERV | Taxio Cabs
  4. "Application" shall mean the mobile application "Taxio Cabs" updated by Taxio from time to time.
  5. "Convenience Fee" shall mean the fee payable by the Customer to Taxio for the Service i.e., for availing the technology services offered by Taxio. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
  6. "Cancellation Fee" shall mean the fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
  7. "City of Operation" shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Customers shall be in the same city.
  8. "Customer/ You" means a person who has an Account on the Application.
  9. "Driver" shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us or TPSPS to provide the transportation services on its behalf and persons who are registered with Taxio and own the Vehicles and who have necessary city taxi permits and licenses to provide transportation services within the City of Operation.
  10. "E-Wallet" shall mean a pre-paid instrument, which can be used to make payments.
  11. "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 . The Fare shall be exclusive of all applicable taxes on the Fare, if any.
  12. "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of Taxio.
  13. "Taxio" or "us" or "we" or "our" shall mean M/s KRISERV, having its corporate office at 30/1417, Nr Ponnurunni Bridge, Vyttila ,Cochin, 682019 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.
  14. "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 Taxio from the Customer from time to time for registration on the Application. 3 TAXIO | KRISERV | Taxio Cabs
  15. "Ride" shall mean the travel in the Vehicle by the Customer facilitated through the Site.
  16. "Service(s)" means the facilitation of transportation service by Taxio through the Application or via a telephone request at the call centre of Taxio, or booking on the Site, within the City of Operation, as elaborated in Clause 4.
  17. "Site" shall mean the Application and the website https://www.taxio.in/ operated by Taxio or any other software that enables the use of the Application or such other URL as may be specifically provided by Taxio.
  18. "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.
  19. "T&Cs" and "User Terms" shall mean these Customer terms and conditions.
  20. "TPSPS" shall mean M/s KRISERV, having its corporate office at 30/1417, Nr Ponnurunni Bridge, Vyttila, Cochin, 682019 which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates and permitted assigns.
  21. "TPSP" shall mean a Driver and/or an operator associated with us or TPSPS, offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.
  22. "Vehicle" shall mean a motor cab as defined under the Motor Vehicles Act, 1988.
2. ELIGIBILITY

  1. You will be "Eligible" to use the Services only when You fulfill all of the following condition:
    1. You have attained at least 18 (eighteen) years of age.
    2. 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. REGISTRATION AND ACCOUNT

  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. 4 TAXIO | KRISERV | Taxio Cabs
  2. 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.
  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.
  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.
  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"), Taxio does not want You to, and You should not, send any confidential or proprietary information to Taxio 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 Taxio other than the Permitted Information will not be considered confidential or proprietary.
  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.
  7. 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 info@taxio.in.
  8. In case, You are unable to access Your Account, please inform Us at info@taxio.in  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.
4. SERVICES

  1. The Site permits you to avail the transportation services offered by TPSPs. The Service allows You to send a request through Taxio to a Driver on the Taxio network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Taxio or KRISERV (where any taxi services of TPSPS are availed on the Site), notifies You and provides information 5 TAXIO | KRISERV | Taxio Cabs regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Taxio may determine.
  2. Taxio 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.
  3. By using the Application or the Service, You further agree that:
    1. 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;
    2. You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
    3. You will not use the Service or Site for unlawful purposes;
    4. You will not try to harm the Service, Site or our network in any way whatsoever;
    5. You will provide Taxio with such information and documents which Taxio may reasonably request;
    6. You will only use an authorized network to avail the Service;
    7. You are aware that when requesting Services, whether by message, via Site or calling the call center of Taxio, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
    8. 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
    9. You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
  4. Taxio 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, Taxio will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Taxio on any change in the information provided by You.
  5. Taxio or an authorised representative of Taxio, shall provide information regarding services, discounts and promotions provided by Taxio 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 Site to discontinue the same.
  6. TAXIO 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 TAXIO'S OBLIGATIONS UNDER THESE CUSTOMER T&C. 6 TAXIO | KRISERV | Taxio Cabs
  7. You agree to grant Taxio 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 TAXIO TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
  8. Taxio 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 Taxio 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.
5. CONFIRMATION OF BOOKING

  1. Taxio shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an SMS 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 centre. In the event a TPSPS Vehicle has been booked on the Site, the booking shall be confirmed by TPSPS and any complaint regarding incorrect details shall be redirected by us to TPSPS.
  2. 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 email or failure to inform Taxio of the incorrect details immediately.
6. PAYMENT
  1. Taxio shall charge Convenience Fee for the Service which shall be determined and amended at the sole and absolute discretion of Taxio. The Convenience Fee shall be payable by you to Taxio and shall be informed to you.
  2. TPSP shall charge Fare to You for the Ride offered to You by the TPSP.
  3. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
  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.
  5. 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 are not included in the receipt of the Total Ride Fee.
  6. The Total Ride Fee will be collected by the Driver or Taxio from You at the end of the Ride, as set out in Clause
  7. 7 below.
  8. Taxio shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the TPSPs for the Fare and Additional Fee, and the Convenience Fee raised by Taxio shall be provided to You on request. You may raise a request for a copy of the invoices from Support page.
  9. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee and Cancellation Fee shall be borne and payable by You to the TPSPs or Taxio, as the case may be.
  10. You shall choose to pay for the Service Fee by either of the following four methods:
    1. Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver..
    2. E-Wallet payment: Taxio offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor ("Payment Processor"). 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 Payment Processor that Taxio engages for the purpose. Taxio will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E-Payments  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, Taxio shall collect the Fare on behalf of the TPSP who will be responsible for providing the transportation services.
    3. Taxio Credit Payment: Payment for the Total Ride Fee can be made to Taxio on credit subject to the terms, even in cases of Taxio 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 Taxio Credit payment, Taxio shall collect the Fare on behalf of the TPSP who will be responsible for providing the transportation services.
    4. 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 Taxio. Such PG may either be Taxio 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 Taxio 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 Taxio'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 Taxio's affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
  11. 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. Taxio shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
7. CANCELLATION POLICY

  1. 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 Micro/Mini/Prime/Sedan/SUVs/Luxury/Rental Cancellation fee will be charged · If you cancel after 5 minutes after the cab is allotted or · If a driver cancels after waiting at your location for more than 10 minutes · Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
  2. 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. 9 TAXIO | KRISERV | Taxio Cabs
  3. Taxio 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 Taxio 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 Support page.
  4. The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
  5. The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms.
  6. This Clause 7 shall not apply to corporate rides availed pursuant to the terms and conditions.
8. USER VIOLATION OF USER TERMS

  1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or act in violation 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 Taxio.
9. CUSTOMER RELATIONSHIP MANAGEMENT

  1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22.2. 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 comment, feedbacks, testimonials or reviews on or about the Rides or Services.
  2. 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.
  3. Any issue reported on channels other than the above may be addressed by Taxio only on a best-effort basis. Taxio takes no liability for inability to get back on other channels.
  4. Taxio 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, and certain may be resolved earlier than the other. However, Taxio or TPSPS shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
  5. Where You avail of any services offered by TPSPS on our Site, we shall re-direct all Your issues, opinions, suggestions, questions and feedback to TPSPS
10. FORCE MAJEURE

  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.
11. INDEMNIFICATION

  1. By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Taxio, TPSPS, 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, including the TPSPs \or (c) Your use or misuse of the Application or Service.
12. LIABILITY

  1. The information, recommendations and/or Services provided to You on or through the Site, the Application and Taxio call center are for general information purposes only and does not constitute advice. Taxio 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.
  2. Taxio shall not be liable for You missing trains/flights/events or delays etc as the Service is dependent on many factors not in Taxio'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 un-expected delays.
  3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Taxio shall only endeavor to get You in touch with the Driver assigned for Your Ride.
  4. Taxio 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 centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
  5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Taxio 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 Taxio of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Taxio. In the event it is found, You shall be informed about the Taxio office from where You can collect it after 3 (three) working days from the date You were informed. Taxio however shall not be responsible for delivering the same back to You. If requested, Taxio 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 Taxio office. Taxio shall charge a flat fee of Rs 500 for such delivery.
  6. Taxio does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
  7. Taxio 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 mobile number and/or email ID registered with Taxio. Taxio 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.
  8. IN NO EVENT SHALL TAXIO 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 TAXIO HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
  9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAXIO'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).
  10. 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 Taxio shall be the minimum permitted under Applicable Law.
13. APPLICATION LICENSE

  1. Subject to Your compliance with these User Terms, Taxio 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.
  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 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.
  3. 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.
  4. Taxio will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Taxio may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Taxio 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. Taxio reserves the right, at any time and without prior notice, to remove or disable access to any content that Taxio, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
14. CONTENT POSTED BY CUSTOMERS

  1. Taxio 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. Taxio shall not in any manner be responsible for or endorse the Posted Content.
  2. You agree that when posting Posted Content, You will not:
    1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
    2. 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.
    3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
    4. Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
    5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
    6. Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
    7. 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.
    8. Deceive or mislead the addressee about the origin of a messages or communicate any information which is grossly offensive or menacing in nature.
    9. Restrict or inhibit any other user from using and enjoying the Site.
    10. Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
    11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
    12. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    13. Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
15. INTELLECTUAL PROPERTY OWNERSHIP

  1. Taxio alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
    1. the Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
    2. text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
    3. 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.
  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 Taxio. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
  3. You may use information on the Site purposely made available by Taxio for downloading from the Site, provided that You:
    1. do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
    2. 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
    3. do not make any additional representations or warranties relating to such information.
16. LINKS

  1. If permitted by Taxio, 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 Taxio trademarks or service marks or any Content belonging to Taxio 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.
17. TERM AND TERMINATION OF LICENSE AGREEMENT

  1. Unless terminated in accordance with this Clause 17, the agreement between Taxio and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
  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.
  3. Taxio 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 Taxio, misuse the Application or the Service. Taxio is not obliged to give notice of the termination of the agreement in advance. After termination Taxio will give notice thereof in accordance with these User Terms.
  4. Termination of this agreement will not prejudice accrued rights of either Taxio or You.
  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.
18. INVALIDITY OF ONE OR MORE PROVISIONS

  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.
19. CONFLICT

  1. In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Taxio, 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.
20. DISCLAIMER

  1. You agree that Taxio is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Taxio does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Taxio also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.
  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.
  3. Taxio 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 Taxio or any other person's negligence or otherwise).
  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 Taxio shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
  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. MODIFICATION OF THE SERVICE AND USER TERMS

  1. Taxio 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.
  2. Taxio 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 Taxio 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. Taxio 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.
22. NOTICE

  1. Taxio 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 Taxio's account information.
  2. You may contact Taxio by electronic mail at Our email address info@taxio.in or by written communication sent by regular mail to Our address at 30/1417, Nr Ponnurunni Bridge, Vyttila, Cochin, 682019.
23. ASSIGNMENT

  1. You shall not assign Your rights under these User Terms without prior written approval of Taxio. Taxio can assign its rights under the User Terms to any affiliate.
24. APPLICABLE LAW AND DISPUTE RESOLUTION

  1. 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 Taxio as Taxio 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 Taxio and You. The place of the arbitration shall be Kochi, unless otherwise mutually agreed by Taxio and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Kochi, India.