Terms & Conditions
Effective July 01, 2022.
1. Contractual Relationship
2. The Services
The Services constitute a technology platform that enables users of Tahcar’s mobile applications (DriveTahcar) 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 Tahcar or certain of Tahcar’s affiliates (“Third-party Providers”). Unless otherwise agreed by Tahcar in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT TAHCAR 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 TAHCAR OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Tahcar grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Tahcar and Tahcar’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Tahcar; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES.
You acknowledge that portions of the Services may be made available under Tahcar’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Tahcar,” and the logistics request brands currently referred to as “DriveTahcar”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (`i) certain of Tahcar’s subsidiaries and affiliates; or (ii) independent Third-Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
THIRD-PARTY SERVICES AND CONTENT.
The Services and all rights therein are and shall remain Tahcar’s property or the property of Tahcar’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Tahcar’s company names, logos, product and service names, trademarks, or services marks or those of Tahcar’s licensors.
3. Your Use of the Services
To use most aspects of the Services, you must register for and maintain an active personal user Services Account (“Account”). You must be at least 21 years of age, or the age of legal majority in your jurisdiction (if different than 21), to obtain an Account. Account registration requires you to submit to Tahcar certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Tahcar’s termination of these terms with you. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by Tahcar in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 21. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful and rightful purposes (e.g., no transport of any items besides Tahcar partner vehicles). 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.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Tahcar at any time by sending an email to email@example.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Tahcar may, in Tahcar’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-party Provider’s services, subject to any additional terms that Tahcar establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Tahcar; (iii) may be disabled by Tahcar at any time for any reason without liability to Tahcar; (iv) may only be used pursuant to the specific terms that Tahcar establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Tahcar reserves the right to withhold or deduct credits or other features or benefits obtained using Promo Codes by you or any other user in the event that Tahcar determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT.
Tahcar may, in Tahcar’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Tahcar through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Tahcar, you grant Tahcar a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Tahcar’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Tahcar the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Tahcar’s use of the User Content as permitted herein will infringe, misappropriate or violate a third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Tahcar in its sole discretion, whether such material may be protected by law. Tahcar may, but shall not be obligated to, review, monitor, or remove User Content, at Tahcar’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Tahcar does not guarantee that the Services, or any portion thereof, will function on any hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services will result in charges to you for the services you receive from a driver (“Charges ”). After you have received services through your use of the Service, Tahcar will facilitate your payment of the applicable Charges on behalf of the driver as such driver’s limited payment collection agent. Charges paid by you are final and non-refundable, unless otherwise determined by Tahcar. Unless other agreements were made, all charges are due immediately and payment will be facilitated by Tahcar using the preferred payment method designated in your Account, after which Tahcar will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Tahcar may, as the Third-party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and Tahcar, Tahcar reserves the right to establish, remove and/or revise charges for any or all services or goods obtained through the use of the Services at any time in Tahcar’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially for any reason, including weather and gas prices. Tahcar will use reasonable efforts to inform you of Charges that may apply, if you will be responsible for charges incurred under your account regardless of your awareness of such charges or the amounts thereof. Tahcar may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in different amounts charged for the same or similar services or goods obtained using the services, and you agree that such promotional offers, subscriptions and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a driver at any time prior to such driver’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the driver for the services provided. Except with respect to logistics services requested through the application, Tahcar does not designate any portion of your payment as a tip or gratuity to the driver. Any representation by Tahcar (on Tahcar’s website, in the Application, or in Tahcar’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Tahcar provides any additional amounts, beyond those described above, to the driver. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services obtained through the service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the service, you will have the opportunity to rate your experience and leave additional feedback about your driver.
REPAIR OR CLEANING FEES.
Drivers and Logistics partners shall be responsible for the cost of repair for damage to, or necessary cleaning of, dealership vehicles and property resulting driver error, natural events (Acts f God) during a trip.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TAHCAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TAHCAR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TAHCAR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TAHCAR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TAHCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAHCAR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY DRIVERS, EVEN IF TAHCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAHCAR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TAHCAR’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL TAHCAR’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED DOLLARS ($199). TAHCAR’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, LOGISTICS SERVICES WITH DRIVERS, BUT YOU AGREE THAT TAHCAR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, OR LOGISTICS SERVICES PROVIDED TO YOU BY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Tahcar and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Tahcar’s use of your User Content; or (iv) your violation of the rights of any third-party, including Third-party Providers.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third-party without the express written consent from the other party unless: (i) the disclosure to the third-party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third-party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other Provisions
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to Tahcar’s designated agent (firstname.lastname@example.org) address. NOTICE. Tahcar may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Tahcar by written communication to Tahcar’s email address as mentioned above. You may not assign or transfer these Terms in whole or in part without Tahcar’s prior written approval. You give your approval to Tahcar for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Tahcar’s equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, Tahcar or any Third-party Provider because of the contract between you and Tahcar or use of the Services. If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
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