Last Updated on December 11, 2017
This platform is operated by LUKSUS TECHNOLOGIES PRIVATE LIMITED
This document 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 registering at or merely browsing on Our Site, You have unconditionally agreed to be bound by all of these terms and conditions of Service for use and access of the Site. PLEASE
ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS
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 User Terms, then please don’t use the Site or avail any of the Services being provided therein. YOU AGREEING TO THESE USER TERMS
SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Ohi Cabs IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE SITE.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them herein below:
"Act" shall mean the Payment and Settlement Systems Act, 2007 and shall include any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.
"Account" shall mean and refer to the account created by the Customer on the Site after providing the Registration Data for availing the Services provided by Ohi Cabs.
"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 and applicable international treaties and regulations, in force at the relevant time in India.
"Charges" shall mean any charge and/or fee levied by Ohi Cabs or any prepaid wallet(licensced by RBI) which is linked by the Customer with our Platform(App) to the Customer for availing the Service(s), a full list of such charges/fees would be available at ohicabs.com
"Customer" or "You" or "Your" or "Yourself" shall mean and refer to a person who has an Account for the purpose of availing the Services and who has accepted these User Terms.
"Merchant" shall mean an individual or a duly incorporated organization that accepts payments for its products/services through the Payment Gateway Options or Prepaid Wallet (both of whom are issued licenses by RBI).
"PPI Guidelines" shall mean the Issuance and Operation of Pre-paid Payment Instruments in India Directions, 2009 issued by RBI and updated from time to time.
"RBI" shall mean the Reserve Bank of India.
"RBI Regulations" shall mean the Act and the rules and regulations made thereunder and shall include any notifications, master circulars, instructions or guidelines issued and updated by the RBI from time to time, in relation to the same.
"Service(s)" shall mean and include without limitation the facilitation of payments to Merchant/(s) for the products/services availed by the Customer from the Merchant/(s) using the Payment Gateway Options or Prepaid Wallets (licensed by RBI) and enabling receipt of such payments by the Merchant.
"Transaction" shall mean every payment request or order placed by the Customer using the Payment Gateway Options. For clarity, Transaction shall include failed Transactions.
"User Terms" or "T&Cs" shall mean and refers to these terms and conditions that are available on the Site, and which govern the use of Services.
I. References to statutory provisions shall be construed as meaning and including references to any amendment or re-enactment thereof for the time being in force, and to all statutory instruments or orders made pursuant to such statutory provisions;
II. The headings of the various clauses in these User Terms are only for quick reference and identification and are not to be taken as a statement of content of the clauses thereunder. They shall not be capable of restricting or otherwise altering the provisions and interpretations contained in the various terms of these User Terms;
III. The singular includes the plural and vice versa, and words importing a gender include other genders.
IV. References to the words "include" or "including" shall be construed without limitation;
V. References to these User Terms or to any other agreement, deed or other instrument or document shall be construed as a reference to such agreement, deed or other instrument or document as the same may, from time to time, be amended, varied or supplemented.
VII. Throughout these User Terms, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
I. You will be "Eligible" to register on the Site and/or use Our Services only when You fulfill the following conditions:
a. You have attained 18 (eighteen) years of age; and
b. You are competent to enter into a contract under the Applicable Laws.
II. You can avail the Services only if You fulfill the conditions as mentioned in 3.I.a and 3.I.b above. If You are not Eligible, please immediately abandon any and all attempts to register with Us, and cease Your use of the Site.
III. We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account or the Services is not an Eligible user.
IV. As a minor if You wish to avail the Services, such Services may be availed by your legal guardian or parents who have registered as
Last Updated on November 30, 2017
This Application/Platform is operated by Luksus Technologies Private Limited.
These terms and conditions (“User Terms”) apply to Your visit to and use of the Application through a mobile phone, as well as to all information, recommendations and or services provided to You on or through 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 registering on the Driver/Partner/Operator application and logging in, You are consenting to be bound by these User Terms and conditions. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS AND CONDTIONS BEFORE YOU USE THE APPLICATION. IF YOU DO NOT ACCEPT ANY OF THE USER TERMS, THEN PLEASE DO NOT USE THE APPLICATION OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN.
YOUR AGREEMENT TO THESE USER TERMS AND CONDITIONS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND “OHI” IN RESPECT OF THE USE AND SERVICES OF THE APPLICATION/PLATFORM.
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
1. “Account” shall mean the account created by the Driver/Partner/Operator on the Application for availing the Services provided by OHI.
2. “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, by-laws, regulations, notifications, guidelines, policies, directives, Official gazettes and orders of any government body, tribunal, or a court of India.
3. “Application” for purposes these User Terms and Conditions shall mean a dashboard provided to the Driver/Partner/Operator to keep a tab on his earnings and/or Vehicles, and
other information, which will be updated by “OHI” depending on his/her service with the company.
4. “Driver/Operator/Partner” shall mean and include any such individuals who has a vehicle and gets it attached with the company (the registration in the app should be done in the name of the person who has the ownership of the vehicle) and an agreement is done in electronic form or in Agreement form to provide transportation services to the users of the Portal.
5. “Portal” means online cab aggregator called “OHICABS”, an online booking platform, and any upgrades from time to time or any other software that enables the use of the application/platform or such other URL as may be specifically provided by OHI that lists and aggregates the service providers.
6. “Registration Data” shall mean and include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by OHI from the Driver/Partner/Operator from time to time for the registration on the Application/Platform.
7. “Service(s)” means the provisions of Driver/Partner/Operator and/or Vehicle and/or earnings related information through the Application/Platform.
8. “T&Cs” shall mean the Driver/Partner/Operator terms and conditions of use of the application/platform
9. “Vehicle” shall mean a motor cab (including Motor Cycle and Auto-rickshaw) as defined under the Motor Vehicles Act, 1988.
10. “Force Majeure Event” shall mean any event/situation arising due to any cause beyond the reasonable capacity or control of OHI.
11. “OHI” or “us” shall mean Luksus Technologies Private Limited, a Pvt Ltd company incorporated under the provisions of the Companies Act, 2013 in India.
You will be “Eligible” to use the Services only if you have entered into a master services agreement or master subscription agreement, as the case may be, with us. For eligibility, however you must satisfy the conditions mentioned below:
1. You must be atleast 18 years old.
2. Must be a citizen of India.
3. Must have a valid driving license issued by competent authority of any state in the territory of India. The license must not have expiry date on the date of joining services of the company.
4. Must have a valid bank account in India and a Debit/Credit Card issued in India.
5. The bank account provided by you to us must mention your name in the cheque book.
3. REGISTRATION OF ACCOUNT
1. You understand and acknowledge that you can register on the Application only after complying with the requirements of eligibility and Clause 4 of Registration of Account and by entering Your Registration Data.
2. We request you to provide access to Ohi for accessing the data on your phone. In no ways, “Ohicabs” or any of its partners can have a glance at your confidential data on your phone. The access is only taken so that you can upload the documents of your vehicle and your own personal photograph to the platform.
3. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. Ohi shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
4. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities 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. Ohi 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. You hereby represent that you are not registered with the National Do Not Call Registry, and expressly consent to receive communications including promotional content from Us through Your registered phone number and/or e-mail id.
6. We reserve the right to suspend Your Account with immediate effect for an indefinite period or terminate Your Account with immediate effect, if We have reasons to believe that the Registration Data or any other data provided by You is either incorrect or false, or that the security of Your Account has been compromised in any way, or upon termination of the master services agreement or master subscription agreement, as the case may be, executed between You and Us, or for any other reason Ohi may find just or reasonable.
7. It is Your responsibility to check and ensure that You download the correct application for Your device. Ohi is 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. Ohi reserves 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.
8. Ohi allows You to open only one Account in association with the Registration Data provided by You. You will be automatically logged out of your account once you login with your details on any other device. In case of any unauthorized use of Your Account please immediately reach Us on email@example.com or, raise an issue from the support section in the Application.
9. In case You are unable to access Your Account, you can request us to activate your account either through sending us an email to firstname.lastname@example.org or raise an issue from the support section in the Application. We will not be liable for any unauthorized activity made through Your Account prior to the expiry of 96 (ninety six) business hours after, and shall not have any liability in case of Force Majeure Event.
The services provided by the Ohicabs platform to its driver/Operators/Partners can be availed by them as long as they continue to abide by our rules and regulations.
1. For providing services, Ohicabs reserves the right to charge commissions from its drivers/operators/partners. If any drivers/operators/partners refuses to pay commissions
after riding on our platform as fixed by the company which will reflect on their daily as well as weekly earnings, then Ohicabs reserves the right to suspend their services, forfeit their deposit(if taken) and initiate legal proceedings against them.
2. The drivers/operators/partners has the right to complain to Ohicabs about any shortcomings in its services and such things if found to be neccessary will be solved by company within 72 (seventy two) business hours.
ACCEPTING OF RIDES POLICY
1. The driver may accept a request for a ride only with respect to request through the User Application.
2. The driver understands and accepts that he must pick up the user from their pickup location and ride him/her to their drop off location.
3. The driver understands and accepts that he can refuse to pick up passengers who are under the influence of any intoxicated substance (as determined by him/her). Picking up any passenger is at the sole discretion of the driver. Also a driver can refuse to pick up any user who refuses to comply with clause (5) of this policy.
4. However in cases of refusing to pick up a passenger as mentioned in clause (3) of this policy, the driver has to arrive at the pick up location of the user. The driver cannot cancel any trip without arriving at the pick up location of the user.
5. The driver understands and accepts that in any booking, the User can carry with him/her the maximum no. of passengers that a particular vehicle can carry within the allotted number of seats. The number of maximum seats allotted across different categories are as follows:
a) 1 in Bike
b) 2 in sharing
c) 3 in autorickshaw
d) 4 in Hatch or Sedan or Luxury
e) 7 in SUV.
Under no condition, an User can carry with him/her more persons in the respective categories than mentioned in the above list.
6. The driver understands and accepts that he/she is in a condition to drive the car and also is not under the influence of any intoxicating substance at the time of accepting requests through his/her mobile application.
7. The driver understands and accepts that he/she will not get into any fight or argument with any user during the course of their ride under any conditions whatsoever.
8. The driver understands and accepts that he/she is entitled to only receive the fare of the User/traveller and is not entitled to any reward for accepting rides through his/her mobile application .
9. The driver understands and accepts that he/she will pay the commission and necessary taxes (wherever applicable) for all rides accepted through his/her mobile application. While accepting a ride through the sharing category, the driver has agreed to accept the terms and conditions of our booking policy, payment policy and toll policy.
10. The driver understands and accepts that he/she is bound to abide by the above terms and conditions and any violation of the above terms and conditions will attract penalty and might even lead to termination of services and other privileges forever.
1. The driver may accept a request for a ride with respect to Sharing/ Car-pooling only through the User Application.
2. The driver understands and accepts that he must pick up the user from their pickup location and ride him/her to their desired location.
3. In the meantime one or more user may place a request for sharing a ride along his route. In such cases the driver is required to pick up that user and the drop off of the users will be decided according to certain parameters set in Our app.
4. The driver understands and accepts that in cases mentioned in clause (3), he/she cannot decide on his/her own of the drop off of the users. It will only be decided by Our app and is bound to follow the instructions and directions of our app.
5. The driver is bound to pick up any number of passengers (maximum 4) that comes to him through his/her mobile application. However a driver can reject to pick up a passenger according to Clause (3) and (4) of our booking policy.
6. The driver cannot refuse to pick up and drop off passengers once he gets his car attached to us in the Sharing/Carpool category.
7. The driver understands and accepts that he/she is in a condition to drive the car and also is not under the influence of any intoxicating substance at the time of accepting requests under the Sharing/Carpooling category.
8. The driver understands and accepts that he/she will not get with any argument with any user during the course of their ride under any conditions whatsoever.
9. The driver understands and accepts that he/she is entitled to only receive the fare of the User/traveller and is not entitled to any reward for accepting rides through the sharing/carpooling category.
10. The driver understands and accepts that he/she will pay the commission and necessary taxes (wherever applicable) for all rides accepted through sharing/carpooling category.
11. The driver understands and accepts that he/she is bound to abide by the above terms and conditions and any violation of the above terms and conditions will attract penalty and might even lead to termination of services and other privileges whatsoever.
5. Payments and Toll Policy
Toll Policy for drivers-----
1. Any toll paid by the driver during the duration of journey has to be paid by the Customer. This would only include toll paid by the driver when Customer is picked up by the driver and the driver has paid the necessary toll on the way to the Customer’s destination. However toll paid by the driver at the time when Customer is not present in the car with the driver, then that toll will not be levied upon Customer and Customer is exempted from paying such tolls.
2. Any toll charged will be presented to Customer in their final bill and the Customer can have a glance at the amount of toll included in His/Her final bill. However if the customer comes up with valid proof that the driver has charged him toll fraudulently or erroneously, then the driver would be charged the entire fare of that ride by the company. So the drivers are requested to keep their toll tax slip/bill for at least a day (24 hours) in order to avoid such problems. In such matters, the company would ask the driver to show the toll tax slip/bill and if he can provide the slip which contain the time when the customer was in his vehicle, then no action would be taken against the driver. If the driver cannot show the toll tax slip/bill then he would be considered to charge the customer the toll tax fare fraudulently and then the entire amount of that ride would be deducted from his/her earnings.
For eg. If for a particular ride, the final bill after the ride comes out to be INR 150 and toll tax added is INR 50, then the entire INR 150 would be deducted from driver/operator/partner due to his fraudulent means.
3. Any driver who is found to fraudulently charge toll tax to customers for at least 5 (five) times, then the account of such drivers would be terminated forever without giving any show cause notice.
1. The driver/owner/operator is required to furnish details of his/her bank account in the “bank info” section of our mobile application. All transactions with Us would be done only in Your bank account. The bank account details is required to be submitted by the driver/owner/operator at the time of registering for his/her account with Us. For this purpose, the driver/owner/operator is required to furnish his/her Bank Account details, present a cancelled cheque of that particular account (cancelled cheque can also be uploaded through the driver app) and authorize us for transaction in that particular account.
2. The bank account should be in the name of the person against whom the particular vehicle is registered and should have the name of that particular person in the cheque book of that particular account.
3. For vehicles registered in the name of a company/firm/any other business establishment, or vehicles registered in the name of persons other than the person of whom the bank account details have been furnished, then kindly refer to the clauses below:
a) If a vehicle is registered in name of a company/firm/any other business establishment and if the account provided to Us is in other name than the Company/firm then details of the Director or any other authorized person (whose bank account details have been furnished) would be necessary. Necessary documents would be--- i) Pan Card, ii)Cancelled Cheque of that particular account and iii)a valid address proof of that particular person.
b) If a vehicle is registered in the name of a person and bank account details have been provided of any other person, then it is necessary to provide details of that particular person of whom bank account details have been furnished. Necessary documents would be--- i) Pan Card, ii)Cancelled Cheque of that particular account and iii)a valid address proof of that particular person.
c) For availing money in Bank Account under Clause 3(a), the authorized person should give an undertaking duly signed by him that he/she has the authority and legal right to avail money for that particular vehicle.
d) For availing money in Bank Account under Clause 3(b),the particular person whose bank account details have been furnished against the particular vehicle should give an undertaking duly signed by him and the owner of the vehicle that the bank account details provided has the consent of the owner of the vehicle and has authorized him/her to receive money on his/her behalf.
4. The amount would be credited or debited in your Bank account, details of which has been furnished by You to Us through the Driver/Operator/Partner application.
For eg. if you earn Rs. 1000 through our platform and have to pay a commission(inclusive of GST) of Rs.100, then the Rs. 100 will be deducted by us from You.
If you earn Rs. 1000 through our platform from both cash and other payment options and even after paying commission(incusive of GST), you owe Rs. 100 from us, then that amount will be credited to your bank account or Prepaid wallet only after 5 working days.
Note—Working days excludes Saturday, Sunday, National Holidays and other Bank Holidays. For non working days, refer to clause 10.
5. Any person who furnishes the details of his/her bank account under clause 2 and clauses 3(a) and 3(b) of Our payment policy would be eligible to receive money from Us in their Bank Account only when he/she provides Us the necessary documents of their bank account as requested by Us from time to time. Any driver/owner/operator cannot claim and demand to receive any money from Us under any circumstances whatsoever till he/she has not provided Us the following necessary documents:
a) Pan Card
b) Address Proof (such as Aadhar card, Driving license, Voter Id etc.)
c) Cancelled Cheque of the particular account (it should contain his/her name)
d) Undertaking as provided in our Website.
Note: Everyone whose bank details have been furnished should give us an undertaking that the money received from Us in their Bank Account is for the sole purpose of business.
6. If a driver/owner/operator has continuously received only cash as a result of which he has not paid Our commission and he owes Us money, then We would request him/her to pay Us our commission within 2 (two) working days. Such Commissions can be paid by him/her only the mode We provide him/her for that purpose. Upon successful payment of his dues, We will send him a mail containing details of his/her payment.
7. If a driver/owner/operator who has not paid Us our commission (inclusive of GST) for 5(five) continuous days, then that driver//operator would be given a notice and even if he/she refuses to pay Us the requisite amount, then legal proceedings would be initiated against such persons.
6. Relations, Libilities and Termination of Services
1. The drivers/operators/partners are not employees of the Company and therefore they cannot claim the benefits and allowances received by an employee from time to time.
2. The drivers/operators/partners only take services from the company by paying a commission (inclusive of GST) as fixed by the company from time to time.
3. The drivers/operators/partners are themselves responsible for their own behavior and acts towards others and therefore the company cannot be held responsible or made liable for their behavior , attitude or acts.
4. If any offence is committed by a driver such as rash driving, repeatedly denying to pick up customers etc. for the first time, then he would be given a show cause notice to explain his reason of doing so.
5. However if such acts are repeatedly done by any driver even after receiving any such notice communicated to him either through email or through post in his registered address, then his account would be permanently blocked by the admin and he would be barred to take Our services in future.
6. If any driver is found to harass any passenger or found under the influence of alcohol during his course of journey or break any rules which is an offence under Indian Law, then also the account of any such driver will be blocked forever after assessing the gravity of his offence.
7. The drivers are themselves responsible for their behavior and attitude towards passengers and other people during the course of their services . We bear no responsibility and cannot be held liable for any unpleasant happening or any untoward incident caused by any driver who has his car attached with our company.
8. If a driver is convicted by any Indian Court for a jail term of more than one year (12 months), then also his account would be blocked and the company would terminate his services forever in the event of receiving any such notice from the competent authorities.
9. If a driver/operator/partner meets with an accident during the course of his journey, then the company is not at all responsible and cannot be held liable for it. Any expenses incurred by the driver from the accident including his medical bills and other expenses would have to be borne by him/her and cannot claim any benefit from the company for any such happenings.
10. All challans and other fine charged by competent authority to a driver or his vehicle has to be borne by the driver/operator/partner at his/her own expenses. The company is not obliged to pay any such fine or fees and cannot be held liable by any competent authority.
11. Any driver/operator/partner who wants to discontinue their services with us can communicate to us either by writing or through email from their registered email id. Any such request would be responded by us within 3 (three) working days (72 hours).
I. The Charges levied by Ohi cabs on the drivers for the use of the Services, are available at your driver application(which is inclusive of GST).We reserve the right to change Our policies and Charges from time to time. In particular, We may, at Our sole discretion, introduce new services and modify some or all of the existing Services offered on the Site. In such an event, We reserve, without notice to You, the right to introduce fees for the new services offered or amend/introduce Charges for existing Services, as the case may be. Changes to the Charges and related policies shall automatically become effective immediately once such additional services are activated on the Site. You shall at times ensure that You use the updated version of the Site.
II. Ohi cabs reserves the right to modify or alter the Charges at its sole and absolute discretion, from time to time. All Customers shall be liable to pay these applicable Charges for using the Services Ohi cabs will be entitled to recover the Charges and the other dues at source, The Customer
will also be liable for any Government taxes or levies which may be payable on such Service Charges levied by Ohi cabs.
I. In the event that You desire a refund on any amount that has been debited from Your debit/credit card or Prepaid wallet (integrated with Our Android and IOS apps) erroneously , please email us at email@example.com and make a refund request clearly explaining the circumstances of Your refund request.
II. Where We determine that a refund request is valid, We shall make reasonable efforts to grant the refund request and return the requisite amount. .Please note that RBI Regulations do not permit Us to refund any balance by mode of cash. So we can only refund the amount in your prepaid wallet (which is integrated in our android and ios apps). However, We provide You with an option to transfer funds from Your Wallet to a designated bank account in terms of Clause 8.I. above. In case of Debit/Credit Card such refund payments would be made directly to your debit/credit card which is added by you with our payment gateway.
III. We will make reasonable efforts to respond to Your refund request at the earliest. Please note that We will not be responsible for delays, which may be caused by any third parties such as banks and Merchants, on whom We rely while processing Your refund request, or for any delay caused in the case of any Force Majeure events which are beyond Our reasonable control. Therefore, We bear no liability for the processing of the refund requests.
I. You may have the right to initiate a chargeback request in accordance with the terms and conditions of Your debit or credit card scheme or Your bank account. Please note Your chargeback request will be processed by Your debit/ credit card provider or Your bank and not by Us. Therefore, We bear no liability for processing of the chargeback requests.
II. We reserve the right to review Your Account and Transaction history pursuant to a chargeback request, in order to determine the veracity of a chargeback request, including to determine the occurrence of any fraud. If We have any reason to believe that there has been a fraudulent activity on Your, We reserve the right to terminate, block or suspend Your Account with immediate effect. You shall have no claims against Us in this regard.
10. Non working days
We are reliant on third parties such as banks and Prepaid wallet
(issued by RBI) to deliver timely Services. Since, We cannot control the
actions of such third parties, We will not be responsible to render
Services or process payments or refunds on the following days (“Non-Working Days”):
a. Days which are declared as holidays by the RBI, and any other day which is declared a holiday by Us.
b. Saturdays and Sundays and days declared as holidays on account of bandhs or festivals in any State or Union Territory in India. We will continue to render Services which do not involve that particular State or Union Territory in which a holiday has been declared on that day.
11. Use of Site
I. You agree, undertake and confirm that Your use of Site shall be strictly governed by the following binding principles:
a. 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 Customer's or user’s use and enjoyment of the Site or any other individual's use and enjoyment of the Services; or
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 whatsoever, or threatening or harassing including but not limited to any violation as under the Indecent Representation of Women (Prohibition) Act, 1986; or
is patently offensive including content that is sexually explicit, or 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
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his or her guardian in the case of a minor; or
tries to gain unauthorized access or exceeds the scope of authorized access; or
engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites; or
refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Site, contains content that would be prohibited, or that violates the letter or spirit of these T&Cs; or
harms minors in any way; or
is violative of Applicable Laws; or
deceives or misleads the addressee/ Customers 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, 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 to any other nation; or
is false, inaccurate or misleading in any way; or
directly or indirectly, offers, attempts to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any
manner under the provisions of any Applicable Law 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 or has an adverse impact on the business being carried on by Us in any manner whatsoever.
b. 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 and take all steps required at our sole discretion.
c. 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 other Customer of Ohi Cabs, including any of Our Account or Wallet 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. In the event that We suspect Your involvement in any of the activities as stated above, We reserve the right to bar any such activity and take all steps required at Our sole discretion.
d. 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.
e. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or payment 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.
f. You may not use the Site or any content for any purpose that is unlawful or prohibited by these User Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of Ohi cabs the Customers or others.
g. 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 shall not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.
h. You shall not reverse engineer, decompile and disassemble any software used to provide the Services.
i. 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 Ohi Cabs or its Merchants on the Site, or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks or trade name, as may be owned or used by Us.
j. You shall not engage in advertising to, or solicitation of, other Customers of the Site to buy or sell any products or services, including, but not limited to, related services being displayed on or in relation to the Site. It shall be a violation of these User Terms to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to another person outside of the Site without Our prior written consent.
II. You have the option to request Us to send You information regarding any other services, discounts and promotions provided by Us. If you require Us to provide You information regarding offers, discounts and promotions relating to the Services availed by You, click "Yes", otherwise click "No" in the communication sent to You. If you click "Yes", We or an authorised representative, shall provide the above information to You by way of an SMS or email to Your registered mobile number/ email address. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may email Us at firstname.lastname@example.org at any point of time to discontinue the same. Such discontinuation shall take effect within thirty (30) days of receipt of a written request from You.
IV. Any offers, promotions Ohi Cabs in relation to the Payment Options shall be subject to the terms and conditions issued along with such offer and Ohi Cabs shall at its sole discretion modify/alter such terms and conditions and You agree to be bound by such terms and condition when accepting the offer.
V. 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 comply with Applicable Laws, or any valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of any alleged illegal activity or solicitation of illegal activity, or disclosure 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 the law enforcement department 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.
VI. 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 Our sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these User Terms. Notwithstanding this right of Ohi Cabs, YOU SHALL 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 the appearance of such content on the Site and/or its use thereof. You hereby represent and warrant that You have all necessary rights in and to all the content You provide and to all the information contained therein and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
VII. It is possible that other Customers (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 or liable for the use of any Personal Information that You publicly disclose or share with others on the Site, and for any unauthorized disclosure due to any reason not solely attributable to Us. Please carefully select the type of information that You disclose or share on the Site ad with other users of the Site.
VIII. We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Denial of Services /Distributed Denial of Services).
XI. Ohi Cabs performance of these User Terms is subject to the Applicable Laws, and nothing contained in these User Terms is in derogation of Ohi Cabs right to comply with law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by Ohi Cabs with respect to such use. You agree that Ohi Cabs may provide details of Your use of the Service to regulators or police or to any other third party, in order to resolve disputes or complaints which relate to the Service, at Ohi Cabs sole and absolute discretion.
XII. These User Terms constitute the entire agreement between the Customer and Ohi Cabs with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Customer and Ohi Cabs with respect to this Service. A printed version of these User Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in the printed form.
12. Content posted on the Site
I. 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 copyright, patent and trademark laws, and various other intellectual property laws.
II. Except as expressly provided in these User Terms, 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 prior written consent.
III. You may use information on Our Services purposely made available by Us for downloading from the Site, provided that You:
a. do not remove any proprietary notice language in all copies of such documents; or
b. use such information only for Your personal, non-commercial informational purpose, and do not copy or post such information on any computer network or broadcast it in any media; or
c. make any modifications to any such information; or
d. do not make any representations or warranties on Our behalf relating to such information.
13. Third Party Services/Links
I. We do not take responsibility or liability for the actions, products, content and Services on the Site, which are linked to Merchants and/or third party websites using Our APIs or otherwise. In addition, We may provide links to the third party websites and certain other businesses on the Site. We assume no responsibility for examining or evaluating the products and services offered by them or for any third party content/ information. We do not warrant (i) the offerings of any of these businesses or the content of such third party website(s) and/or Merchant websites, and (ii) the genuineness of any third party content. We do not in any way endorse any Merchant websites and third party website(s) or any content thereof.
II. 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 or any other representation or warranty by Us. You must not use on Your site or in any other manner any trademarks, service marks or any other materials appearing on the Site, including any logos or characters, without Our prior written consent and the consent of the owner of the mark or materials. 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.
14. Intellectual Property Protection
I. All trademarks, brands and service marks used in connection with the Site or the Services offered by Us are owned by Ohi Cabs and/or its affiliates and/or its co-branding partners and are Ohi Cabs and/or it’s affiliates and/or its co-branding partners property; Ohi Cabs and/or its affiliates and/or its co-branding partners own 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.
II. You agree to abide by Applicable 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 Applicable Laws and for any infringements of any intellectual property rights caused by use of the Site.
III. Ohi Cabs is the sole and absolute owner of all the intellectual property rights in the trademark ‘Ohi Cabs, and any design in respect thereof. Further, Ohi Cabs will be entitled to take any legal action against any person invading and/or encroaching upon the said rights of Ohi Cabs.
15. Copyright Complaint
I. We respect the intellectual property of others. In case You feel that Your intellectual property has been copied/ used in a way that constitutes infringement of Your rights, You can write to Us at email@example.com. Please specify Your contact details as well in such email to enable us to get in touch with You, if required, which must include Your postal address.
II. Please write to Us with sufficient proof evidencing Your ownership to such intellectual property. In case the claim is found to be false, We will have a right to terminate Your access to and use of the Site and the Services, as We deem fit.
I. We shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, etc. are processed in a timely manner. However, We make no representations or warranties regarding the amount of time needed to complete such processing because our Service is largely dependent on many factors outside Our control.
II. Except for Our limited role in processing payments that You authorize or initiate, We are not involved in any underlying transaction between You, any other Customer, Merchant, bank or other third party. We are not a selling agent in relation to any sale of goods or services to You by any Merchant or any other third party.
III. We will always endeavour to provide the Services to You to the best of Our ability. You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical and other
requirements of connecting networks, devices and entities. Ohi Cabs cannot take on any liability or responsibility for any loss, damage etc. arising as a result thereof.
IV. Without limitation and without prejudice to the foregoing paragraphs, Ohi Cabs shall not be liable for:
a. any defect or deficiency in any goods and services purchased by You or availed as a benefit, privilege or facility attached to the Service;
b. refusal by or inability of a Merchant to honour or accept the Ohi Cabs Payment Options;
c. handing over of the relevant access control/password/PIN by You to any other person;
d. the quality, safety, reliability, legality, delivery or any other aspect of any goods or service that You may purchase using the Ohi Cabs Payment Options.
V. 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, whether express or implied, including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness.
VI. Without prejudice to the foregoing paragraph, We do not warrant that:
a. The Site will be available at all times and in all locations;
b. The information on the Site is complete, true and accurate;
c. The Site; the information, Content, materials, product (including software) or services available on, or otherwise made available to You through, the Site; the servers; or any electronic communication sent by Us, are free of viruses or other harmful components;
d. Nothing on the Site constitutes, or is meant to constitute, advice of any kind.
VII. We make no express or implied representations or warranties about Our Services or the Site, and We disclaim any implied warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on Our behalf and You must not rely on any statement of warranty made by any third party, claimed to be a warranty made by Us.
VIII. Ohi Cabs 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 in the Site, including any Content.
IX. Where We publish or provide Content or advertisements as part of a Service, We do not warrant or represent that the Content or advertisements are suitable, accurate, complete, reliable, appropriate; neither do We endorse the Content or the advertisements; and You will obtain independent professional advice at Your own cost before You take any action based on such Content or advertisements.
X. 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.
XI. When You acquire goods, software or any other services from a third party through any of our Services, You understand and agree that: (i) We are not a party to the contract between You and the third party; (ii) We are under no obligation to monitor the third party service used by You; (iii) the third party will be responsible for all obligations under the contract with You, including (without limitation) warranties or guarantees; (iv) You will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service. We shall take no liability as regards You availing any goods, software or services from a third party through any of our Services. All the services to be availed of and /or the goods to be purchased /procured by the Customer from the Merchants and/or third parties under these User Terms will be at his/her own risk and costs. Ohi Cabs shall not be liable and/or responsible in respect of the title, quantity, quality or any other aspect related to the Merchant goods and/or services, and no guarantee, warranty or indemnity of any kind shall be given or deemed to be given by Ohi Cabs in respect thereof.
17. Indemnity and Limitation of Liability
I. You will defend, indemnify and hold harmless Ohi Cabs 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) arising out of any Claim (as defined herein below) that arises out of or relates to the use or misuse of the Services or any violation of these User Terms.
For purposes hereof, "Claim" shall mean any claim, action, audit, investigation, inquiry or other proceeding instituted by any person and/or entity and/or government authority.
II. You are aware of all security risks, including possible third party interception of any of Your Transactions and statements of Account on the internet, and the contents of Your Transactions or statements of Account becoming known to third parties. You agree and undertake that You shall not hold Ohi Cabs liable therefore in any way for claims arising out of or connected to any security risks. The use and storage of any information, including without limitation, the card number, PIN, password, account information, Transaction activity, Ohi Cabs Payment Option balances and any other information available on Your internet access device or computer or mobile phone is at Your own risk and responsibility. Ohi Cabs shall not be responsible for Claims as regards the information stored by You either on Your mobile device or on any computer device.
III. Where Ohi Cabs acts in good faith in response to any oral or electronic instruction or inquiry from You, in respect of any matter in relation to Your Account, You will not be entitled to make any Claim or allege any loss, damage, liability, expense etc., attributable, directly or indirectly, to any such action taken on a good faith basis by Ohi Cabs, and You agree to hold Ohi Cabs harmless in respect thereof.
18. Force Majeure
I. We shall not be liable for any failure to perform any obligations under these User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event (as defined hereinbelow) and in such case Our obligations shall stand 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 Ohi Cabs, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, government legislation, war or acts of government.
II. This arrangement between You and Ohi Cabs shall stand automatically terminated in the event that the Force Majeure Event continues for a period of thirty (30) days’. You shall however be required to promptly make payment of all outstanding Charges to Ohi Cabs.
19. Termination and Deactivation of Services
I. We reserve the right to terminate and/or suspend Services to You at any time without prior notice, due to any changes in Our internal policy or due to any requirements under the RBI Regulations or the Applicable Laws, or for any breach of these User Terms by You, or for any other reason whatsoever.
II. You can terminate Your arrangement with Ohi Cabs under these User Terms by closing any Account created by You and which is associated with any of the Ohi Cabs Payment Options, and by thereafter ceasing to access/ use the Site. You may close the Account by submitting a request to Us at firstname.lastname@example.org. We will make every effort to respond to Your request for termination at the earliest. You will however remain responsible for all Transactions that occur prior to the termination of Your Ohi Cabs coming into effect, which shall termination shall be notified to You by Ohi Cabs. In case of such termination, all balances in Your Account shall stand forfeited, and no refund will be provided in compliance with the Applicable Laws. However in case of termination of Your Ohi Cabs payment options, We may provide You with an option for a Wallet to Bank Transfer in terms of Clause 5.I.o above.
III. If You violate any of these User Terms, Ohi Cabs reserves the right to deactivate all Your registration, including Your Ohi Cabs Wallet, and cancel any or all Ohi Cabs Payment Option balance, without any notice or refund.
IV. The remedies provided under these User Terms are in addition to any other remedy as
maybe available to Ohi Cabs, in law or in equity.
20. Notices and communication
I. Any notice or notification in relation to these User Terms which You wish to make to Us must be made in writing to:
II. All Your communications 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.
IV. Any notice given by Ohi Cabs hereunder will be deemed to have been received by You within 24 hours of sending the same via e-mail or SMS at the e-mail address specified by You or Your registered mobile phone number. Ohi Cabs shall not be held accountable for delays in receipt of notice.
V. In the event of any change in Your e-mail and/or registered address and/or telephone numbers, you shall inform Ohi Cabs promptly in writing or by e-mail and must confirm the same by mail.
21. Customer Grievance Redressal Policy
I. If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance pertaining to the Services, please contact Us in the following ways:
Over email: Send Us an email at email@example.com
II. The Customer shall be kept informed of the progress of the redressal process and/or, the reasons for delay if any, in redressing.
III. Complaints received by e-mail shall be acknowledged by an immediate automated system generated response or via individual emails.
22. Governing law and dispute resolution
I. Any dispute, controversy or claim arising out of or relating to these User Terms or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking any redressal or asserting any rights under the Applicable Law shall be amicably settled through mutual consultation and escalation as provided in Clause 21 above. If the Dispute is not settled amicably as aforesaid between Ohi Cabs representatives and You, within a period of 30 (Thirty) 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 Ohi Cabs and You. The arbitration proceedings shall be conducted in the English language. The venue and seat for the arbitration proceedings shall be Delhi.
II. These User Terms shall be governed by and construed in accordance with the laws of India and, subject to Clause 22.I, Ohi Cabs and You agree and undertake that any controversy or claim arising out of or relating to these User Terms will be adjudicated exclusively before a competent court in Delhi, India only.
III. Any costs incurred by Ohi Cabs towards enforcement of its rights and recovery shall be debited from Your Account/ recovered from You.
I. Our failure, delay or omission to exercise or enforce any rights or provisions under these User Terms 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 the Services or these User Terms should be filed within 3 (Three) months’ from when the cause of action arose. Any claims filed beyond this time period shall be subject to limitation as prescribed under the Applicable Laws.
I. If any provision of these User Term’s should be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and such provision will be deemed restated to
reflect the original intention of the parties as nearly as possible in accordance with the Applicable Laws.
25. Revision of these User Terms
I. We reserve the right to change any of these User Terms or any policies or guidelines governing the Site or the Services, at any time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are required to check for updates, revisions and changes to these User Terms on the Site. The date of the last update to these User Terms will be reflected in these User Terms at the legend ‘Last Updated on’. By continuing usage of the Service after such posting/ publication, You are deemed to have agreed to the amendment/change/revision. If You do not agree with any amendment of these User Term’s, You may cancel the Service by terminating Your Account with Ohi Cabs and informing Ohi Cabs in writing about the same by sending an e-mail to firstname.lastname@example.org. You must thereafter immediately discontinue accessing Our Site or using Our Services. We may also send You an automated e-mail to Your registered e-mail ID or a message to Your registered mobile number informing You about the changes made. As long as You comply with these User Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.
I. You agree to comply with all Applicable Laws and RBI Regulations from time to time which govern or may be affected by Your use of the Service(s).
II. Ohi Cabs may enter into any tie-up in terms of joint-venture, co-branding 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, the Customer will be provided with the Services by the Service Provider jointly and/or severally with the party/parties in joint venture. The Customer hereby gives his/her irrevocable consent and permission to such a tie-up/ arrangement. In the event of such a tie-up, the User Terms herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also, unless otherwise modified as per the terms hereof.
III. You hereby agree that the application and copies of all documents submitted for the ongoing operation of the Ohi Cabs Payment Options by You to Ohi Cabs are and shall remain the sole and exclusive property of Ohi Cabs, and Ohi Cabs shall not be obliged to return the same to You upon Your request or upon termination of Your Ohi Cabs Account.
IV. As Your Account is connected to Your mobile number, it is Your responsibility to inform Ohi Cabs in case Your mobile number that corresponds to Your Account is no longer being used by You. Your Account corresponding to the mobile number You register with, can be accessed by You only till the time You have access to the corresponding
mobile number. It is Your responsibility to transfer Your Account to a new mobile number if and when You change Your number. Not doing so may give the new user of the same mobile number (if any), access to Your Ohi Cabs Payment Options, and Ohi Cabs will not be liable or responsible for the same. You are also liable for ensuring the security of Your PIN/ password. In case of loss of Your mobile phone and/or Ohi Cabs password/PIN, You should immediately intimate Ohi Cabs in email. Ohi Cabs shall make every attempt to block access to Your Account/ Ohi Cabs Payment Options under such circumstances; however, Ohi Cabs shall not be liable for any losses a user may incur due to the above. The responsibility to safeguard the Ohi Cabs Payment balance rests entirely with the Customer.