NVS Choose Cabs India Private Limited | ChooseApp This Site/ Application/ Services is/are operated /provided by NVS Choose Cabs India Private Limited (“ChooseApp”).
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 ChooseApp’ 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 CHOOSEAPP 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 CHOOSEAPP. These Terms expressly supersede prior agreements or arrangements with you. CHOOSEAPP 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.ChooseApp.com/info/faqs#privacyPolicy. By accepting these User Terms, You also allow ChooseApp 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 CHOOSEAPP CORPORATE TERMS OF USE. HOWEVER, ALL AUTHORIZED USERS TAKING ‘CHOOSEAPP CORPORATE RIDES’ I.E., FOR CUSTOMERS WHO ARE AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN CORPORATE ENTITIES AND CHOOSEAPP 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:
- “Account” shall mean the account created by the Customer on the Application for availing the Services provided by ChooseApp.
- “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.
- “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.
- “Application” shall mean the mobile application “ChooseApp” updated by ChooseApp from time to time.
- “Convenience Fee”/“Access Fee” shall mean the fee payable by the Customer to ChooseApp 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.
- “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.
- “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.
- “Customer/You” means a person who has an Account on the Application.
- “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 ChooseApp 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.
- “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.
- “Fare” shall mean such amount payable by You in Indian Rupees, which is reflected on the Application, as the fare payable towards the distance travelled 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 ChooseApp.
- “Fare” shall mean such amount payable by You in Indian Rupees, which is reflected on the Application, as the fare payable towards the distance travelled 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 stipulated by the respective Governments from time to time. It may include components to reflect any promotions carried out by ChooseApp.
- “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of ChooseApp.
- “ChooseApp” or “us” or “we” or “our” shall mean NVS Choose Cabs India Private Limited, a company incorporated under the provisions of the Companies Act, 1956, and having its registered office at B/103, Madhuvan, Shimpoli Gorai Road, Off Link Road, Borivli West, Mumbai - 400092 India, which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates, and permitted assigns.
- “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 ChooseApp from the Customer from time to time for registration on the Application.
- “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
- “Service(s)” means the facilitation of the services by ChooseApp through the Application or via a telephone request at the call centre of ChooseApp, or booking on the Site.
- “Site” shall mean the Application and the website https://www.Choosecabs.com/ operated by ChooseApp or any other software that enables the use of the Application or such other URL as may be specifically provided by ChooseApp.
- “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.
- “Peak Charge” shall mean additional charge applied in the situation where the demand is more than the available supply.
- “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
- Third-party charges like insurance premium (if applicable)
- Peak charges (when applicable)
- Past dues (if any)
- Applicable taxes
Note: Both fares and peak charges may vary based on various market dynamics such as cost of living, fuel pricing, vehicle maintenance costs, interest rates, demand and supply situations, etc.
- “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
- “TPSP” shall mean a third-party service provider.
- “Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act, 1988.
2. Eligibility
You will be “Eligible” to use the Services only when You fulfil all of 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.
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
- 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 the Site (“Permitted Information”), ChooseApp does not want You to, and You should not, send any confidential or proprietary information to ChooseApp 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 ChooseApp other than the Permitted Information will not be considered confidential or proprietary.
- 3.6 It is Your responsibility to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
- 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 support@Choosecabs.com.
- 3.9 In case You are unable to access Your Account, please inform Us at support@Choosecabs.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 a Force Majeure Event.
4. Services
The Services constitute a technology platform that enables users of CHOOSEAPP’ 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 CHOOSEAPP (“Third Party Providers”). YOU ACKNOWLEDGE THAT CHOOSEAPP 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 CHOOSEAPP OR ANY OF ITS AFFILIATES.
- 4.1 The Services allow You to send a request through ChooseApp to a Driver on the ChooseApp network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, ChooseApp 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 ChooseApp may determine.
- 4.2 ChooseApp 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:
- You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party.
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization.
- You will not use the Service or Site for unlawful purposes.
- You will not try to harm the Service, Site or our network in any way whatsoever.
- You will provide ChooseApp with such information and documents which ChooseApp may reasonably request.
- You will only use an authorized network to avail the Service.
- You are aware that when requesting Services, whether by message, via Site, or calling the call centre of ChooseApp, standard messaging charges, data charges, voice charges, as applicable, of Your and Our phone network service providers, will apply.
- 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.
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations, and guidelines noticed thereunder.
- 4.4 ChooseApp 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, ChooseApp will store the information provided by You or record Your calls for contacting You for all Service-related matters. You shall promptly inform ChooseApp of any changes in the information provided by You.
- 4.5 ChooseApp or an authorized representative of ChooseApp, shall provide information regarding services, discounts, and promotions provided by ChooseApp or a TPSP to You on the ChooseApp 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.
- 4.6 ChooseApp will be entitled to process and transfer Your information as and when it deems fit. It may store or transfer Your information to a server outside India or the country where You are located to perform ChooseApp’s obligations under these Customer T&C.
- 4.7 You agree to grant ChooseApp 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 ChooseApp to share Your information and/or permitted information with third parties.
- 4.8 You agree and permit ChooseApp to share any information provided by You with third parties to facilitate the provision of certain value-added services offered by such third parties or by ChooseApp. You expressly consent to receive communications from ChooseApp or third parties offering value-added services via Your registered phone number, email ID, or the Site. You agree that such communications will not be considered spam or unsolicited.
- 4.9 ChooseApp may enter into joint ventures or other partnerships with institutions offering similar services. Depending on the arrangement, You may receive services jointly or severally from ChooseApp and its partners. You provide irrevocable consent to such tie-ups, and these terms and conditions will apply to such arrangements as well.
- 4.10 If ChooseApp provides You with any device as a part of its Services, including but not limited to "CHOOSEAPP Play" (the "CHOOSEAPP Device"), You shall:
- Not tamper with, pilfer, misuse, or allow third parties to misuse the CHOOSEAPP Device(s).
- Not duplicate, store, or reproduce content from the CHOOSEAPP Device(s) using any electronic or physical means.
- Not sublicense, sell, transfer, or commercially exploit the CHOOSEAPP Device(s) or its content.
- Not reverse-engineer or access the CHOOSEAPP Device(s) to replicate its features, design, or functionality.
- Not use automated programs or scripts that may hinder the operation of the CHOOSEAPP Device(s).
- Not use the CHOOSEAPP Device(s) for illegal purposes, including viewing or playing prohibited content.
- Ensure the CHOOSEAPP Device(s) remains in good condition while in Your possession. ChooseApp may charge You for the use or misuse of the CHOOSEAPP Device(s) as determined at its sole discretion.
- If the CHOOSEAPP Device(s) is not functioning properly or if there are any technical or safety issues, You shall immediately inform the Driver. You are responsible for using the CHOOSEAPP Device(s) with care and ensuring it is not damaged. If the device is damaged and irreparable due to Your actions, You agree to pay ChooseApp the determined amount. Failure to pay may result in suspension or termination of Your account.
- 4.11 If ChooseApp provides You with a Vehicle for testing as part of its Services (e.g., CHOOSEAPP CARS), You must:
- Ensure no damage is caused to the Vehicle.
- Return the Vehicle in good condition.
- Agree to pay for any damage caused during testing or usage.
- Use the Vehicle only for testing and not exceed the predetermined time or distance limits.
- 4.12 In case of a Vehicle breakdown beyond repair, ChooseApp may arrange for a Substitute Vehicle on a best-effort basis, subject to availability.
- 4.13 The Substitute Vehicle may not necessarily be of the same type as the original Vehicle booked by You.
- 4.14 ChooseApp is not responsible for delays or losses caused by the breakdown of the original or Substitute Vehicle.
5. Confirmation of Booking
- 5.1 ChooseApp will confirm or decline Your booking request based on Vehicle availability at the requested pickup time and location. Confirmation details will be provided via the application, SMS, or email. If any details are incorrect, You must inform ChooseApp immediately by contacting the call center.
- 5.2 Upon booking confirmation, a One Time Pin (OTP) will be sent via the application. The OTP must be shared with the Driver for the service to commence. The Driver is not responsible for starting the service without the OTP.
- 5.3 You are responsible for checking the confirmation details and reporting inaccuracies. Failure to do so may cause delays, and You will bear the consequences and damages.
- 5.4 Select customers may access the Service under a "Guest Booking" feature and will be subject to the same terms and conditions.
6. Payment
- 6.1 ChooseApp will provide an estimate of the Total Ride Fee at the beginning of the Ride. The actual Total Ride Fee payable at the end of the Ride may differ from the estimate due to various factors.
- 6.2 You must pay the Total Ride Fee, including applicable taxes, immediately upon completion of the Ride. Any differences between the estimate and actual fee must also be settled at the end of the Ride.
- Convenience Fee/Access Fee charged by ChooseApp for value-added services shall be determined and amended at ChooseApp's sole discretion.
- 6.3 You understand and agree to pay any Additional Fee, which will form part of the receipt of the Total Ride Fee.
- 6.4 You agree to pay the Cancellation Fee, as specified in Clause 7, which will also form part of the Total Ride Fee.
- 6.5 ChooseApp shall provide a receipt for the Total Ride Fee at the end of the Ride. Invoices from ChooseApp, the Driver, or TPSP shall be provided upon request. You may request copies of invoices through the Site.
- 6.6 All applicable taxes included as part of the Total Ride Fee must be paid by You.
- 6.7 You can pay the Total Ride Fee using available payment methods on the Site, including Cash payment to the Driver upon Ride completion.
- 6.8 If Cash is selected as the payment method, You may pay the Total Ride Fee directly to the Driver upon completion of the Ride.
- 6.9 You must provide relevant payment details. ChooseApp and its authorized Payment Processor will process transactions securely in compliance with PCI-DSS standards or other applicable regulations. By using the Payment Processor’s services, You agree to their terms and conditions.
- 6.10 Payments made through an E-Wallet powered by a third-party Wallet Service Provider are subject to their terms and conditions. ChooseApp is not responsible for errors caused by the Wallet Service Provider, and disputes must be resolved directly between You and the Wallet Service Provider.
- 6.11 Payment for the Total Ride Fee can also be made on credit, subject to ChooseApp Credit T&C. Additional fees must still be paid in cash if required.
- 6.12 Any payment-related issues, except those caused by errors in the Site, must be resolved between You and the Payment Processor. ChooseApp is not responsible for unauthorized use of Your E-Wallet.
- 6.13 Payments made by You are final and non-refundable unless otherwise determined by ChooseApp. Refunds, if applicable, will be processed to the original payment method or as vouchers for use within the Application.
- 6.14 Payment-related issues not caused by the Site or Application must be resolved directly with the Payment Processor.
- 6.15 Use of Promo Codes or Vouchers may result in different charges. Charges applicable to You will depend on Promo Codes specifically made available to You.
- 6.16 In the event of default or failure to pay the Total Ride Fee:
- (i) ChooseApp may restrict You from booking new Rides until the outstanding fee is paid.
- (ii) ChooseApp may recover any outstanding amounts from You, including fees for previous Rides.
- (iii) You will bear all costs incurred by ChooseApp, including debt collection fees, repossession costs, location search costs, process server fees, and solicitor costs.
- 7.1 ChooseApp will notify You on the Application of any applicable Cancellation Fee when canceling a Ride. You agree and acknowledge that You may cancel Your request for Services at any time, subject to a Cancellation Fee explained at https://www.ChooseApp.com/info/faqs#Cancellations. You will be notified of the applicable Cancellation Fee in advance through the Application or Site. The Cancellation Fee must be paid as per Clause 6 of these Terms.
- 7.2 ChooseApp shall provide a receipt for the Cancellation Fee, if applicable. Separate invoices from TPSPs and ChooseApp for the Cancellation and Convenience Fees will be available upon request from the Support page.
- 7.3 The Cancellation Fee shall be payable immediately upon levy. ChooseApp may also include it as part of the Total Ride Fee for Your next Ride.
- 7.4 The mode of payment for the Cancellation Fee shall be as per Clause 6 of these Terms.
- 7.5 This Cancellation Policy does not apply to corporate rides availed under corporate terms and conditions.
8. Refund Policy
- Refunds will be credited directly to the Customer's bank account within 7 working days after confirmation by the investigation team.
- Liability for goods delivered will only be within the guaranteed amount declared during order placement, provided the true cost and contents are declared and a security fee of 0.85% plus GST is paid to ChooseApp before the order placement.
- The maximum liability for guaranteed orders is ₹50,000. Orders with a value exceeding ₹50,000 require prior written approval from ChooseApp's management.
- For disputes or questions, please contact ChooseApp's support team via chat.
9. User Terms
- 9.1 You must not smoke, drink, carry contraband substances, misbehave with the Driver, or distract the Driver while using the Vehicle. Such behavior is a violation of Applicable Law. If found engaging in such activities:
- You will be liable to pay a fine, and ChooseApp may terminate the Ride.
- Failure to pay the fine may result in legal action under Applicable Law.
- Repeated violations or non-payment may result in Your account being blacklisted and terminated by ChooseApp.
- 9.1 All issues, opinions, suggestions, questions, and feedback while availing our Services can be communicated through several modes such as the self-service app, website, or email. After completing a Ride, You are entitled to provide a rating for the service and ride. You agree to be fair, accurate, and non-disparaging while leaving comments, feedback, testimonials, or reviews about the Rides or Services.
- 9.2 Reporting any issue must be done within 30 (thirty) days of its occurrence. Issues reported beyond this time frame may not be addressed.
- 9.3 Issues reported through channels other than the specified ones may be addressed by ChooseApp on a best-effort basis. ChooseApp takes no liability for failing to respond through other channels.
- 9.4 ChooseApp will endeavour to respond to Your issues within 2 (two) working days of reporting and will resolve them based on severity.
10. Emergency Services to Customer
- 10.1 By accepting these User Terms and pressing the SOS button on the ChooseApp App, You consent to ChooseApp using its best efforts to provide assistance during safety incidents, emergencies, or distress. ChooseApp may undertake remedial actions, including but not limited to:
- 10.1.1 Escalating the incident internally or liaising with third-party security service providers to assist You and/or deploy response teams to Your location.
- 10.1.2 Informing government authorities, such as the police, and providing them with Your personal information (e.g., GPS location, email ID, mobile number) to enable appropriate action.
- 10.1.3 Engaging third-party security providers to address the incident. Personal information may be shared with these providers to facilitate effective resolution.
- 10.1.4 Making telephone calls to You from a ChooseApp representative and/or response team during the incident. These calls will be made solely for security and safety purposes and do not violate TRAI guidelines.
- 10.2 You expressly consent to the above actions and any ancillary measures necessary to facilitate an effective emergency response.
- 10.3 ChooseApp is not liable for any deficiency in service provided under this clause, as assistance is offered on a best-effort basis. This clause does not prevent You from seeking assistance from other parties.
11. FORCE MAJEURE
- 11.1 ChooseApp shall not be liable for any failure to perform its obligations under these User Terms if the performance is prevented, hindered, or delayed by a Force Majeure Event. In such cases, the obligations under these User Terms shall be suspended for the duration of the Force Majeure Event.
12. Indemnification
- 12.1 By accepting these User Terms and using the Services, You agree to indemnify and hold ChooseApp, its affiliates, licensors, officers, directors, employees, attorneys, and agents harmless from any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
- (a) Your breach of these User Terms or any applicable law or regulation.
- (b) Your infringement of third-party rights, including those of TPSPs.
- (c) Your misuse of the Application or Services.
13. Liability
- 13.1 The information, recommendations, and Services provided on the Site or Application are for general information only and do not constitute advice. ChooseApp does not guarantee that the Site is error-free or secure from malware or viruses.
- 13.2 ChooseApp shall not be liable for delays, missed trains/flights/events, or other inconveniences caused by factors outside its control. You are responsible for planning your Ride to account for check-in times, traffic, and other possible delays.
- 13.3 If the Vehicle is delayed by more than 30 minutes, ChooseApp will endeavour to connect You with the assigned Driver but does not guarantee timely resolution.
- 13.4 ChooseApp is not liable for damages caused by Site errors, call center issues, or network problems.
- 13.5 You are responsible for Your belongings during the Ride. ChooseApp will attempt to locate lost items on a best-effort basis but is not responsible for any loss or damage.
- 13.6 ChooseApp is not responsible for communication errors or incorrect booking confirmations. You are responsible for reporting such errors immediately.
- 13.7 IN NO EVENT SHALL CHOOSEAPP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- 13.8 To the fullest extent permitted by law, ChooseApp's total liability arising out of these User Terms or Services shall not exceed ₹1,000 (Rupees One Thousand Only).
14. APPLICATION LICENSE
- 14.1 ChooseApp grants You a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable license to download and install the Application on a single mobile device owned or controlled by You and to use the Site solely for personal use.
- 14.2 You shall not:
- License, sublicense, sell, transfer, or commercially exploit the Service or Site.
- Modify or create derivative works based on the Service or Application.
- Create Internet "links" or "mirror" any part of the Site on other devices.
- Reverse-engineer or access the Site to replicate its features, design, or content.
- Use automated scripts, such as web crawlers or bots, that disrupt the operation of the Service or Site.
- 14.3 You shall not post or store material that is harmful, unlawful, or infringes third-party rights, nor interfere with the performance of the Application or Service.
- 14.4 ChooseApp reserves the right to monitor, remove, or disable access to content that violates these Terms or applicable laws.
15. Content Posted by Customers
- 15.1 You may post content on the Site, such as messages, photos, or videos ("Posted Content"), provided that You have all necessary permissions and the content complies with applicable laws. ChooseApp is not responsible for or endorses Posted Content.
- 15.2 You shall not:
- Post unlawful, defamatory, obscene, or otherwise objectionable content.
- Upload files containing viruses or software that may harm others' devices.
- Advertise goods or services without authorization from ChooseApp.
- Collect personal information from other users without consent.
- Violate any applicable laws, including the Information Technology Act, 2000.
16. Intellectual Property Ownership
- 16.1 ChooseApp retains ownership of all intellectual property rights related to the Site, Application, and Services, including any feedback or suggestions provided by You.
- 16.2 These Terms do not grant You ownership of any intellectual property rights in the Site, Application, or Services. You are responsible for complying with intellectual property laws and avoiding infringement.
- 16.3 You may use information on the Site purposely made available by ChooseApp for downloading, provided that:
- You do not remove any proprietary notice language from all copies of such documents and make no modifications to the information.
- You use such information only for Your personal, non-commercial informational purposes and do not copy or post it on any networked computer or broadcast it in any media.
- You do not make additional representations or warranties regarding such information.
17. Links
- 17.1 If permitted by ChooseApp, You may establish a hypertext link to the Site, provided the link does not imply any sponsorship or endorsement of Your site by ChooseApp.
- You must not:
- Use ChooseApp trademarks, service marks, logos, or content without express written consent.
- Frame or incorporate any content or materials from the Site into another website without prior written consent.
18. Term and Termination of License Agreement
- 18.1 The agreement between ChooseApp and You is perpetual upon downloading the Application and booking Services unless terminated explicitly.
- 18.2 You may terminate the agreement at any time by deleting Your Account and disabling Your use of the Site. Instructions for account deletion are available on the Site.
- 18.3 ChooseApp may terminate the agreement with immediate effect by disabling Your use of the Site or Service if You:
- (a) Violate these User Terms or any provision therein.
- (b) Misuse the Application or Services, in ChooseApp’s opinion.
- 18.4 Termination will not prejudice accrued rights of either party.
- 18.5 Certain clauses, including those related to indemnification, liability, license, intellectual property, and applicable law, shall survive the termination of these Terms.
19. Invalidity of One or More Provisions
- 19.1 If any term of these User Terms is deemed invalid, the remaining provisions shall remain valid and enforceable. A new provision, acceptable to all parties and consistent with the purpose of these Terms, may replace the invalid term.
- 20.1 In the event of any contradiction or inconsistency between these User Terms and any other agreement executed between You and ChooseApp, these User Terms shall prevail, unless an exception has been expressly agreed to in writing by referencing the relevant Clause.
21. Disclaimer
- 21.1 ChooseApp is an electronic platform facilitating the aggregation of Vehicles. It does not provide transportation services, endorse any Driver, or guarantee user behavior.
- 21.2 ChooseApp does not authorize any warranties on its behalf. Do not rely on unauthorized warranty statements as assurances by ChooseApp.
- 21.3 ChooseApp, its representatives, and contractors are not liable for any loss, damage, or claims arising from Your use or reliance on the Service or Site.
- 21.4 The Site, Application, and content are provided "as is" without warranties of any kind. Access and use of the Site and Services are at Your sole risk.
- 21.5 All images, audio, video, and text on the Site are illustrative and do not imply endorsements.
- 21.6 ChooseApp facilitates group travel insurance policies for Customers but is not responsible for claims, coverage, or settlements. Issues with insurance services must be addressed directly with the insurance provider.
22. Modification of the Service and User Terms
- 22.1 ChooseApp reserves the right to modify, replace, suspend, block, or discontinue any feature of the Service or Application at any time, at its sole discretion.
- 22.2 Changes to these User Terms will be made available on the Site. You are responsible for regularly reviewing the latest version of the User Terms. Continued use of the Site or Services after changes constitutes Your acceptance of the updated Terms.
23. Notice
- 23.1 ChooseApp may provide notices through:
- General notices on the Application or Service.
- Emails to Your registered email address.
- Messages to Your registered mobile number.
- Written communication sent to the address on record in Your ChooseApp account information.
24. Assignment
- 24.1 You shall not assign Your rights under these User Terms without prior written approval from ChooseApp. ChooseApp reserves the right to assign its rights under the User Terms to any affiliate.
25. Applicable Law and Dispute Resolution
- 25.1 These User Terms are governed by the laws of India. Any dispute, claim, or controversy arising out of these User Terms or related to the Site, Service, or Application (“Disputes”) shall first be resolved amicably through negotiation and consultation at offices designated by ChooseApp.
- 25.2 If the Dispute is not resolved internally after 30 (thirty) days of negotiation, it shall be subject to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended) or any applicable law for arbitration in effect at the time.
- 25.3 The arbitration shall be conducted by a sole arbitrator mutually appointed by ChooseApp and You. The place of arbitration shall be Mumbai, Maharashtra, unless otherwise mutually agreed in writing.
- 25.4 Subject to the above, any Dispute will fall under the exclusive jurisdiction of the courts in Mumbai, India.