Terms and Conditions
Lapocabs | Lapocabs | Lapocabs Auto
Effective from 1st Nov, 2024
This Site/ Application/ Services is/are operated /provided by Lapocabs (“Lapocabs”).
These terms and conditions (“User Terms”) apply to Your visit to and use of the Service of ‘Auto’ whether through a computer or a mobile phone, as well as to all information, recommendations and/or auto services provided to You on or through the Site, and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By clicking on the “I ACCEPT” button or by using Lapocabs’s auto services, You are acknowledging and consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE AUTO SERVICE. If You do not wish to accept any of the User Terms, then please do not use the Auto Services or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Lapocabs IN RESPECT OF THE USE OF AUTO SERVICES. Your access and use of the Auto Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Lapocabs. These Terms expressly provide only for new SaaS platform Auto services and shall be considered distinct and separate from other services available on Lapocabs Site. Lapocabs may immediately terminate these Service with respect to you, or generally cease offering or deny access to the Auto Services or any portion thereof, at any time for any reason.
Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://Lapocabs.online/terms. By accepting these User Terms, You also allow Lapocabs to send you promotional emails and SMS alerts from time to time.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO OTHER SERVICES OFFERED BY Lapocabs ON ITS SITE, APPLICATION OR THROUGH WEBSITE.
DEFINITIONS
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
“Account” shall mean the account created by the Customer on the Application for availing the Services provided by Lapocabs.
Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
“Customer/ You” means a person who has an account and is willing to take auto services provided by the third party transportation service providers.
“Driver” shall mean third party transportation service providers who are eligible and onboarded on Lapocabs for providing its services to its Customers
ELIGIBILITY
You will be “Eligible” to use the Services only when You fulfill all of the following conditions:
You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
REGISTRATION AND ACCOUNT
In order to use the software, you must maintain an active personal user account with us. Account registration requires you to provide certain personal information, which may include your name, address, mobile phone number, age and any other information as prompted by the App while registering on the App (“Registration Data”).
You shall ensure that the Registration Data provided by You is accurate, complete, current, valid, true and is updated from time to time. We shall bear no liability for false, incomplete, or incorrect Registration Data provided by You. Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Lapocabs does not want You to, and You should not, send any confidential or proprietary information to Lapocabs on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Lapocabs other than the Permitted Information will not be considered confidential or proprietary.
You are responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your account, whether initiated by You or any third party. Your account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of any unauthorised third party using Your account, either with or without Your knowledge.
In the event we believe that you have furnished false or incorrect information, committed fraud, or identity theft, or that the security of your account has been compromised we reserve the right to suspend or terminate Your account with immediate effect and for an indefinite period. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
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).
SOFTWARE
The software will enable you to find auto-rickshaw drivers who are willing to offer their services.
The Company merely provides the SaaS platform for introducing you with the Drivers and does not guarantee the acceptance or completion of the ride or for any delay or losses suffered by you or caused to you as a consequence of the breakdown of the Vehicle.
The provisioning and quality of Driver Services is solely the responsibility of the Driver and is as per your agreement with the Driver. The Company has no control over transportation services provided by the Driver. Any dispute between you and the Driver is your responsibility and the Company shall not be liable for the same.
Company shall, upon receiving the booking request from you, we will show the available number of Drivers and range of fare value which are market acceptable and most prevalent in the current city and area in particular. However, the Company shall not be responsible for arranging any Driver services for you.
In the event , the booking is confirmed, you shall check the booking details and shall determine the final fare with the Driver. The Fare range shown by the Company is merely a suggestion and thereby, it is advisable to you to check and determine the final fare with the driver.
Further, on acceptance of a booking offer by the Driver, you shall check the booking details including but not limited to pick up time and place, and if there are incorrect details, the same needs to be informed to the Driver.
Further, a One Time Pin (OTP) shall be provided on the Application which shall be further shared by the Customer with the Driver only for the purpose of matching confirmation.
You acknowledge that Lapocabs does not provide any transportation services and any aggregator services related to the transportation services provided by its onboarded Drivers. Lapocabs merely introduces you to verified drivers.
PAYMENT
You shall pay the final determined fares between you and the Driver, to the Driver for the services used by you.
The fare is subject to the negotiation between you and the Driver and Lapocabs does not play any role in fare determination and negotiation. The Company merely provides the suggestive range for helping you to assess the current market prevalent rates on the basis of city, area and time of the day.
For providing a SaaS platform to you in order to enable introduction with the auto riders, the Company reserves the right to charge a subscription fees from the Customer, which shall be subject to the tax applicable on it.
USER VILapocabsTION OF USER TERMS
You shall not smoke, drink or carry any contraband substances in the Vehicles or misbehave or act in viLapocabstion of Applicable Law. In the event You are found to be involved in the activities set out above, You solely shall be responsible towards any liability.
EMERGENCY SERVICES TO CUSTOMER
Lapocabs provides the SOS/emergency button, which in the event of your pressing, shall connect you to the police headquarters to directly report any safety incident or emergencies or distress. Lapocabs will extend its support in case of any detail, however, will not be liable for any incident or act leading to any incident.
INDEMNIFICATION
By accepting these User Terms and using the Auto Service, You agree that You shall defend, indemnify and hold Lapocabs, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your viLapocabstion or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your viLapocabstion of any rights of any third party, including the TPSPs or (c) Your use or misuse of the Application or Service.
LIABILITY
Lapocabs will reasonably keep the mobile application and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
Lapocabs shall not be liable for any delay or losses, missing trains/flights/events etc. as the transportation service is provided by the Driver, not in Lapocabs’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other unexpected delays.
Lapocabs shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call center number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Lapocabs will support in providing you the contact details available on its record.
IN NO EVENT SHALL Lapocabs BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Lapocabs HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Lapocabs’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE AUTO SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Lapocabs shall be the minimum permitted under Applicable Law.
APPLICATION LICENSE
Subject to compliance with these User Terms, Lapocabs grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in viLapocabstion of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or viLapocabstive of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
Lapocabs will have the right to investigate and prosecute viLapocabstions of any of the above to the fullest extent of the law. Lapocabs may involve and cooperate with law enforcement authorities in prosecuting users who viLapocabste these User Terms. You acknowledge that Lapocabs has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Lapocabs reserves the right, at any time and without prior notice, to remove or disable access to any content that Lapocabs, at its sole discretion, considers to be in viLapocabstion of these User Terms or otherwise harmful to the Site, the Service or Application.
CONTENT POSTED BY CUSTOMERS
Lapocabs may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Lapocabs shall not in any manner be responsible for or endorse the Posted Content.
You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
(vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) ViLapocabste any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent. (xii) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (xiii) ViLapocabste any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
INTELLECTUAL PROPERTY OWNERSHIP
Lapocabs 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 this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Lapocabs. You shall be solely responsible for any viLapocabstions of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
You may use information on the Site purposely made available by Lapocabs for downloading from the Site, provided that You:
(i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.
LINKS
If permitted by Lapocabs, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any Lapocabs trademarks or service marks or any Content belonging to Lapocabs and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
TERM AND TERMINATION OF LICENSE AGREEMENT
Unless terminated explicitly, the agreement between Lapocabs and You is perpetual in nature upon downloading the Application and for each Service booked through the Site.
You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
Lapocabs is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) viLapocabste or breach any term of these User Terms, or (b) in the opinion of Lapocabs, misuse the Application or the Service. Lapocabs is not obliged to give notice of the termination of the agreement in advance. After termination Lapocabs will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
CONFLICT
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Lapocabs, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
DISCLAIMER
You agree that Lapocabs is merely a SaaS platform and does not in any manner provide transportation services or any service related to it. Lapocabs does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Lapocabs also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
Lapocabs and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Lapocabs or any other person's negligence or otherwise).
This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Lapocabs shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
MODIFICATION OF THE SERVICE AND USER TERMS
Lapocabs reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict at any time.
Lapocabs shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Lapocabs last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Lapocabs may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services.
NOTICE
Lapocabs may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Lapocabs’s account information.
ASSIGNMENT
You shall not assign Your rights under these User Terms without prior written approval of Lapocabs. Lapocabs can assign its rights under the User Terms to any affiliate.
APPLICABLE LAW 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 User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Lapocabs as Lapocabs may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Lapocabs and You. The place of the arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by Lapocabs and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bangalore, India.