URACAB PRIVATE LIMITED 

USER TERMS AND CONDITIONS

Effective Date:27 November, 2024.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE/APPLICATION, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

THESE TERMS EXPRESSLY SUPERSEDE PRIOR AGREEMENTS OR ARRANGEMENTS WITH YOU. 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 APPLICABLE SERVICES. SUCH SUPPLEMENTAL TERMS ARE IN ADDITION TO, AND SHALL BE DEEMED A PART OF THE TERMS FOR THE PURPOSES OF THE APPLICABLE SERVICES. SUPPLEMENTAL TERMS SHALL PREVAIL OVER THESE TERMS IN THE EVENT OF A CONFLICT WITH RESPECT TO THE APPLICABLE SERVICES. 

These terms and conditions govern your visit and use of this website/application through a computer or mobile phone or any other electronic device, made available by UraCab Private Limited (“UraCab”, “we”, “us” or “our”), a private limited company established in India, having its registered office and place of business at Capital Convention Hall, New Secretariat Area, Kohima, Nagaland- 797001, with Corporate Identification Number U49224NL2023PTC013841.

UraCab may amend the Terms related to the services from time to time. Amendment will be effective upon UraCab’s posting of such updated Terms or the amended policies or supplemental terms unless otherwise an effective date is mentioned by UraCab.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://uracab.com/privacy&policies . By accepting these User Terms, you allow UraCab to send you promotional emails and SMS alerts from time to time. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, you may at any time visit the specific link provided in the site.

1. SERVICES

The services constitute (a) the technology platform that enables users of UraCab mobile applications or websites (hereinafter referred to as “Site”) to arrange and schedule transportation services with independent third party providers of such services including independent third party transportation providers under an agreement with UraCab and/or certain of UraCab’s affiliates (hereinafter called “Third Party Providers). (b) Support services to the users of the Applications in relation to, among others, payment facilitation, sharing trip related details, resolving issues/queries/complaints/support tickets, arranging pickup facilities for airports/train stations or such other places and other similar support services. Unless otherwise agreed by UraCab in a separate written agreement with you, the services are made solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT URACAB DOES NOT PROVIDE TRANSPORTATION OR FUNCTIONS AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY URACAB OR ANY OF IT AFFILIATES.

1.1. The services allows you to send a request through UraCab to a driver on the UraCab network. The driver has sole and complete discretion to accept or reject each request for service. If the driver accepts a request, UraCab notifies you and provides information including Driver name, vehicles license number, telephone contact details of the driver and such other details as UraCab may determine.

1.2. UraCab shall procure reasonable efforts to bring you in contact with a driver, subject to the availability of driver in or around your location at the moment of your request for such service.

1.3. UraCab will save the information provided by you or record your calls for contacting you for all service related matters. You shall promptly inform UraCab on any change in the information as provided by you.

1.4. UraCab will be entitled to process and transfer your information as and when it deems fit and it may store or transfer your information in a server in India, or outside India or the country where you are located in order to perform UraCab’s obligations under these T&C.

1.5. The services may be made available or accessible in connection with third party services and content (including advertising) that UraCab does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. UraCab does not endorse such third party services and content and in no event shall UraCab be responsible or liable for any products or service of such third party providers.

1.6. You agree to grant UraCab non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to exercise the copyright, publicity, database rights or any other rights.

1.7. In the event UraCab provides you with any vehicle as a part of the service, (i) You will ensure no damage is caused to the vehicle; (ii) You agree that UraCab can charge you for any such damage caused to the vehicle by you.

1.8. In the event of breakdown of the vehicle, which is beyond repair, before completion of the ride, UraCab, on a best effort basis and at its sole discretion may arrange for substitute vehicle for completion of your ride to your destination. However, the arrangement of substitute vehicle shall be subject to its availability. Unavailability of which, you shall only be liable to pay for the ride distance so completed.

1.9. 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. UraCab does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices, In addition, the services may be subject to malfunctions and delays inherent in the use of internet and electronic communication.

CONFIRMATION OF BOOKING.

1.10. UraCab shall, upon receiving the booking request from you, proceed to confirm or decline the booking based on the availability of vehicles at the pickup time and location, which shall be informed via the application or SMS or email.

1.11. Upon confirmation of booking, a One Time Pin (OTP) shall be provided on the application which will be further shared by the customer to the driver.

1.12. You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation message via the application, SMS or email.

PAYMENT.

1.13. UraCab shall provide an estimate of the total ride fee to you at the beginning of every ride, subject to change on all or several factors and may be different than the actual total ride fee levied. The customer shall pay the actual total ride fee shown at the end of the ride.

1.14. You shall be required to pay such cancellation fee as may be determined by UraCab and/or Government Authorities which will form part of the receipt of the total ride fee.

1.15. UraCab shall provide a receipt of the total ride fee on your application or SMS or email.

1.16. You understand and agree to pay all applicable taxes included as part of the total ride fee by the modes of payment available to you by UraCab on the application, or cash payment to the driver after the completion of the ride.

1.17. You will be required to provide relevant payment details including credit card/debit card/net banking details (hereinafter referred to as “Card Details”) to process payment of the total ride fee, You authorise UraCab and an entity authorised by UraCab for providing payment gateway/processor service (hereinafter referred to as “Payment Processor”) to access the card details for processing the payment of total ride fee. In this respect, it is clarified that the Payment Processor whose services are utilised for the purposes of the site and/or application service shall be compliant with PCI-DSS (Payment Card Identity-Data Security Standard) or such other standard notified by the relevant authority notified from time to time. Your authorisation: (i)permits UraCab and the Payment Process or credit the bank account on debit/credit card associated with your payment details; (ii)permits UraCab and the Payment Process to use your card details for the processing of transactions initiated by you by accessing your account. (iii) Subject to the prevalent laws, will remain in effect as long as you maintain an account; and (iv)is subject to any other terms and conditions of the Payment Processor specified through the application, SMS or other methods from time to time.

1.18. Any payment related issue, except when such issue is due to an error or fault in the Application, shall be resolved between you and the Payment Processor.

1.19. The total ride fee paid by you is final and non-refundable unless otherwise determined by UraCab. If any amount paid by you is fully or partially refundable for any reason, such amount, shall be refunded to you by UraCab to the same account from which the payment was made or if the same could not be processed successfully.

1.20. In the event you book a ride and cancel the same ride after the Driver has moved from his position to the pick-up destination, and where the cancellation is not caused due to any default attributable to the driver, the next ride booked by your shall include the penalty amount for the previous cancelled ride.

REFUND

Once the refund request is approved, The Refunded Amount will be processed and credited within 10 days to the original mode of payment.

CUSTOMER RELATIONSHIP MANAGEMENT

1.21. All issues, suggestions, questions and feedback while availing our services can be communicated to us through the application, website or email. After completion of the ride, you are entitled to give a suitable rating for your service and ride. You agree to be fair, accurate and non-disparging while leaving comment, feedbacks, testimonials or reviews on or about the rides or services.

1.22. Reporting of any issue needs to be within 30 (thirty) days of the incident, failing which, such issue will not be addressed.

1.23. UraCab shall make an endeavor to respond to your issues within 7(seven) working days from your day of reporting. It is hereby clarified that the issues are resolved on severity basis.

EMERGENCY SERVICES TO CUSTOMERS

1.24. By pressing the SOS button on the UraCab Application, you consent to UraCab using its best endeavors to provide you with assistance during a safety incident, emergency or distress.

1.25. When you press the SOS button and report a safety incident, the UraCab representative may escalate the incident internally or liaise with any third party security service providers to assist you and/or deploy response teams to your location.

1.26. UraCab may inform any government authorities, such as the concerned police station, or third party security service about the incident and seek their assistance; we may also provide such authority or third party security service with your personal information including but not limited to your exact GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist you.

1.27. You may receive telephone calls from an UraCab representative and/or the relevant response team at the time of pressing the SOS button and in the duration that the incident is being resolved, and the same shall not be construed as breach of TRAI guidelines, in as much as these would be made for your security and safety purposes.

1.28. UraCab will not be liable for any deficiency of service, provided to you under this clause on a best efforts basis, and this clause does not, in any manner, restrain you from seeking any other form of assistance from any other party.

2. USE OF THE SERVICES

In order to use most aspects of the services, you must register for and maintain an active personal user services account (hereinafter called “account”).

2.1. You must be at least 18 yrs of age, or of the competent age to enter into a contract under the Applicable laws.

2.2. During registration, 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. Your failure to maintain accurate, complete and up-to-date account information may result in your inability to access and use the services of UraCab’s termination of these terms with you.

2.3. UraCab shall be responsible for maintaining the confidentiality of your registration data, provided they are accurate, complete, valid, true and up-to-date. You account cannot be transferred, assigned or sold to a third party, in which case, UraCab shall not be liable for any loss that you may incur as a result of someone else using your password or account.

2.4. UraCab reserves the right to suspend or terminate your account with immediate effect and for an indefinite period, if we have reasons to believe that the security of your account has been compromised in any way, or for any other reason we may find just and equitable. 

2.5. It is your responsibility to check and 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 application/version of the application for your mobile device.

2.6. We allow you to open only one account in association with the registration data provided by you. In case of any unauthorised use of your account, please immediately reach us at Support@uracab.com or call +919366623719 or +919366277639.

2.7. 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). 

2.8. You shall not smoke, drink or carry any contraband substances in the vehicles or misbehave with the driver or distract the driver or act in violation of applicable law. In the event you are found to be involved in the activities set out above, you shall be liable to pay a fine to us and we shall also have the right to terminate the ride. In the event you fail to pay fine after the completion of the ride, we may at our discretion, take such steps as may be available to us under applicable law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, your account may be terminated by UraCab.

2.9. 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.

TERMS OF CREATING ACCOUNTS

By using the application or the service, you agree that: i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide UraCab with such information and documents which UraCab may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the call center of UraCab, standard messaging charges, data charges, voice charges, as applicable, of Your and Our phone network service providers, will apply; (viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

3. LICENSE

Subject to your compliance with these Terms, UraCab 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 UraCab and UraCab’s licensors.

3.1. 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 UraCab;(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.

4. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP.

UraCab alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the site, application, product, service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by you or any other party relating to the site, application or the service. Third party trademarks may appear on the site/application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use.

5. LIMITATION OF LIABILITY

UraCab shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or proprietary damage related to or in connection with or otherwise resulting from any use of the services, even if UraCab has been advised of the possibility thereof.

5.1. Information, recommendation and/or services provided to you on the site/application and UraCab call centre are for general information purposes only and do not constitute advice.

5.2. UraCab shall not be liable for delays and delays resulting in missing of trains/flights/events, etc as the service provided by UraCab is dependent on many factors not in UraCab’s control. You must take into consideration check-in time, traffic and weather conditions, political conditions, natural calamities, car breakdowns and other unprecedented situations while booking our services.

5.3. In the event of delay by the vehicle in reaching the pickup location beyond 30 minutes of the pickup time, UraCab shall only endeavour to get you in touch with the driver.

5.4. UraCab shall not be liable for any damages resulting from the use of or inability to use the site or application, including damages caused by wrong usage of the site/application, call centre number, network issues, malware, viruses, etc.

5.5. You are responsible for your own items and luggage. In case of items lost inside the vehicle during the journey, UraCab will try to locate the items on a best-effort basis but is not responsible for the same in case such items are damaged or untraceable. Loss of such items in the vehicle shall be intimated to UraCab within 24 hours of using the services of UraCab.

5.6. In addition to, and without limiting the foregoing, and to the fullest extent permitted by applicable law in force for the time being, in no event will UraCab’s aggregate liability arising out of or in connection with these terms or the services rendered hereunder, whether in contract or Tort (including negligence, product liability, or other theory) warrant or otherwise exceed an amount of Rs. 1000/- (Rupees One Thousand).

5.6.1. If the applicable law in force for the time being does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of UraCab shall be the minimum permitted amount under applicable law in force for the time being. 

6. FORCE MAJEURE

UraCab will not be liable for any failure to perform any obligations under these Terms & Conditions, if the performance is prevented, hindered or delayed by a Force Majeure event, and in such cases, our obligations under these Terms & Conditions shall remain suspended for as long as the Force Majeure event persists.

7. INDEMNITY

By accepting these Terms & Conditions and using the service provided by UraCab, you agree that you shall indemnify and hold UraCab, its affiliates, their licensors and each of its officers, directors and other users, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorney’s fees and costs) arising out of or in connection with: (i) violation or breach of any term of these Terms & Conditions or any applicable law or regulations, whether or not referenced herein, from your end; (ii) violation of any rights of any third party by you; or (iii) use or misuse of the application or service by you.

8. NOTICE

UraCab may issue notice by way of general notice on the service or application/site or by electronic mail sent to your email address or a message on your registered mobile number in UraCab’s records or by written communication sent by regular mail to your address registered in UraCab’s account information.

In case any query or complaint is unresolved or if you did not receive a satisfactory response from the 24*7 support, you can escalate the matter to our Grievance Officer by sharing the details of the complaint ticket created:

GRIEVANCE OFFICER:

NAME : Thejasetuo Kesi-ü

ADDRESS : Office of the UraCab Pvt. Ltd., 

     Capital Convention Hall,

    Kohima, Nagaland.

PHONE NUMBER : 9383343612

9. GOVERNING LAWS AND DISPUTE RESOLUTION

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the site, the service or the application the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of UraCab as UraCab may designate. In the event the dispute is not resolved internally within at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by UraCab and you. The place of the arbitration shall be Kohima, Nagaland unless otherwise mutually agreed by UraCab and you in writing. Subject to the above, any dispute will be subject to the exclusive jurisdiction of courts in Kohima, Nagaland.

10. TERMINATION OF USE

10.1. Unless explicitly terminated, the agreement between you and UraCab is perpetual upon downloading the application and for each service booked through the site. You are entitled to terminate this agreement at any time by deleting your account on the site or application.

10.2. UraCab 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 if you (i) violate or breach any term of these Terms & Conditions or (ii) misuse the application or service of (iii) fault to provide correct, accurate, complete and up-to-date information in your account.

10.3. Clauses No. 3 (License), 4 (Intellectual Property Rights and Ownership), 5 (Limitation of liability), 7 (indemnity), 8 (Notice) and 9 (Governing law and Dispute Resolution) and such other provisions which are intended to survive the termination shall survive the expiry/termination of these Terms & Conditions.

11. FUTURE MODIFICATIONS OF SERVICE AND TERMS.

11.1. UraCab reserves the right at its sole discretion to modify, replace, remove in part or full, any of these terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the service or application at any time.

11.2. UraCab shall not be required to notify you of any changes made in these Terms & Conditions. The revised Terms & Conditions shall be made available on the site. You are requested to regularly visit the site to view the updated Terms & Conditions. UraCab may require you to provide your consent to the updated Terms in a specified manner prior to any further use of the site and services. If no such separate consent is sought, your continued use of the site following the changes to the terms will constitute your acceptance of those changes.