TERMS AND CONDITIONS
This Site/ Application/ Services is/are operated /provided by Pink City Rickshaw Limited. These terms and conditions (“User Terms”) apply to Your visit to and use, of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service 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, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND PINK CITY RICKSHAW COMPANY IN RESPECT OF THE USE AND SERVICES OF THE SITE.
By accepting these User Terms, you also allow Pink City Rickshaw Company to send you promotional emails and SMS alerts from time to time.
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 Pink City Rickshaw Company.
- “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
- “Application” shall mean the mobile application “Pink City Rickshaw Tour” updated by Pink City Rickshaw Company from time to time.
- “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Tour by a Customer. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
- “City of Operation” shall mean a city in which the Customers and Pink City Rickshaw avail and render the tour services respectively. For clarity, the services rendered by the Pink City Rickshaw Company and availed by the Customers shall be in the same city.
- “Customer/ You” means a person who has an Account on the Application.
- “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by Pink City Rickshaw Company to provide the tour services within the City of Operation.
- “Fare” shall mean such amount in Indian Rupees, which is reflected on the Application at the time of booking through App and website, as the fare payable for the specific Tour. The Fare shall be exclusive of all applicable taxes on the Fare, if any.
- “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required Pink City Rickshaw Company from the Customer for registration on the Application.
- “Service(s)” means the facilitation of tour service by Pink City Rickshaw Company through the Application, Email, or booking on the site, within the City of Operation.
- “Substitute Vehicle” shall mean another vehicle arranged for the completion of tour, in the event of a Vehicle breakdown.
You will be “Eligible” to use the Services only when You fulfil all of the following conditions:
- You have attained at least 18 (eighteen) years of age.
- You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
REGISTRATION AND ACCOUNT
- You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
- You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
- You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
- We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
- Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Pink City Rickshaw Company does not want You to, and You should not, send any confidential or proprietary information to Pink City Rickshaw Company 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 Pink City Rickshaw Company other than the Permitted Information will not be considered confidential or proprietary.
- It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
- We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach us at email@example.com.
1. The Site permits you to avail the Tour services offered by Pink City Rickshaw Company. The Service allows You to send a request to the PCRC. The Pink City Rickshaw Company has sole and complete discretion to accept or reject each request for Service. If the PCRCaccepts a request, Pink City Rickshaw Company will notifies You and provides information regarding the booking details, such as timing of the tour, date, type of tour, driver name etc.
- You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
- You will not use the Service or Site for unlawful purposes;
- You will not try to harm the Service, Site or our network in any way whatsoever;
- You will provide Pink City Rickshaw Company with such information and documents which PCRC may reasonably request;
- You will only use an authorized network to avail the Service;
- You are aware that when requesting Services, whether by message, via Site or E-mail to PCRC, standard messaging charges, data charges, as applicable, of the Your and Our phone network service providers, will apply;
- You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder
2. Pink City Rickshaw Company reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Pink City Rickshaw Company will store the information provided by You or save you mails/ messages for contacting You for all Service related matters. You shall promptly inform Pink City Rickshaw Company on any change in the information provided by You.
3. Pink City Rickshaw Company or an authorised representative of Pink City Rickshaw Company, shall provide information regarding services, discounts and promotions provided by Pink City Rickshaw Company to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.
4. PINK CITY RICKSHAW COMPANY 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 OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM PINK CITY RICKSHAW COMPANY OBLIGATIONS UNDER THESE CUSTOMER T&C
5. Pink City Rickshaw Company reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Pink City Rickshaw Company will store the information provided by You or save you mails/ messages for contacting You for all Service related matters. You shall promptly inform Pink City Rickshaw Company on any change in the information provided by You.
6. Pink City Rickshaw Company will be entitled to enter into any tie-up in terms of joint-venture 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, You will be provided with the services by Pink City Rickshaw Company jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
7. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Tour, Pink City Rickshaw Company on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of your tour. However, the arrangement of Substitute Vehicle shall be subject to its availability.
8. Pink City Rickshaw Company bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.
CONFIRMATION OF BOOKING
- Pink City Rickshaw Company shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles on the particular date, which shall be informed to You vide an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to tour date, timing and Pick up address, and if there is incorrect detail, the same needs to be informed to us immediately by calling our E-mailing to PCRC.
- You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Pink City Rickshaw Company of the incorrect details immediately.
- Pink City Rickshaw Company shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Pink City Rickshaw Company. The Convenience Fee or Access Fee shall be payable by you to Pink City Rickshaw Company and shall be informed to you before you begin your Tour.
- Pink City Rickshaw Company shall charge Fare to You for the Tour offered to You by the Pink City Rickshaw Company.
- You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
- The Total Tour Fee will be collected by the Driver or Pink City Rickshaw Company Executive from You at the time of booking or at the end of the Tour, as set out in Clause 6.7 below.
- Pink City Rickshaw Company shall provide a receipt of the Total Tour Fee payable byYou after receiving the payment.
- All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, and Cancellation Fee shall be borne and payable by You to the Pink City Rickshaw Company, as the case may be.
You shall choose to pay for the Service Fee by either of the following methods:
- Cash payment: Cash payment towards the Total tourFee after the completion of tour can be made to the Driver.
- Credit Card/ Debit Card/ Net Banking Payment: Total Tour Fee shall be effected using the services of an entity providing Account Details of PCRC/ payment gateway/processor services (“PG”), authorized by Pink City Rickshaw Company. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Tour Fee to Pink City Rickshaw Company and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposesof the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of PCRC’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of PCRC’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
- Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. Pink City Rickshaw shall not be responsible for any unauthorized use of Your Account during or after availing the Services on the Site.
- For FIT’s: You have to pay the tour amount Minimum 1 day prior to the date of trip to Pink City Rickshaw Company.
- For Groups (03 rickshaws or more): 25% deposit on blocking, 75% 15days prior to the date of trip.
- Special Dates (15Dec – 15 Jan & Literature Festival): 100% on blocking.
You agree and acknowledge that You may cancel Your request for a Tour at any point of time subject to a Cancellation Fee as explained below:
All group reservations are held on tentative basis. The reservation will be confirmed on receipt of full payment, 30 days prior to the date of the trip. If the same has not been received by the above-mentioned time frame, the company reserves the right to release this reservation without any notice.
For FIT’s: 0% if cancelled 1 day in advance.
50% if cancelled within the same day as the trip.
For Groups: 100% if cancelled within 15 days of the trip.
25% if cancelled within 30 days of the trip.
Special Dates (15 Dec – 15 Jan & Literature Festival): 100% cancellation will be applicable.
USER VIOLATION OF USER TERMS
You shall not smoke and drink 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 tour. In the event You fail to pay fine after the completion of the tour, 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 Pink City Rickshaw Company.
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Pink City Rickshaw Company, 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 violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your use or misuse of the Application or Service.
- The information, recommendations and/or Services provided to You on or through the Site, the Application and the mail are for general information purposes only and does not constitute advice. Pink City Rickshaw Company will reasonably keep the Site 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.
- In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, PCRC shall only endeavour to get You in touch with the Driver assigned for Your Tour.
- You shall take full responsibility of Your items and bags. In case of lost items inside the Vehicle during the tour, Pink City Rickshaw Company will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Pink City Rickshaw Company of the same in writing within 24 (twenty four) hours. In the event it is found, You shall be informed about the Pink City Rickshaw Company office from where You can collect it after 2 working days from the date You were informed. Pink City Rickshaw Company however shall not be responsible for delivering the same back to You.
- Pink City Rickshaw Company does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
- Pink City Rickshaw Company shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Pink City Rickshaw Company. Pink City Rickshaw Company will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
- IN NO EVENT SHALL PINK CITY RICKSHAW COMPANY 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 PINK CITY RICKSHAW COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
- Subject to Your compliance with these User Terms, Pink City Rickshaw Company 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 similarideas, 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.
INTELLECTUAL PROPERTY OWNERSHIP
Subject to Your compliance with these User Terms, Pink City Rickshaw Company 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.
Pink City Rickshaw Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
- the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering;
- text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
- other information provided by You or any other party relating to the Site, Application or the Service.
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 anyintellectual property rights owned by Pink City Rickshaw Company. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application. 16.3. You may use information on the Site purposely made available by Pink City Rickshaw Company for downloading from the Site, provided that You:
- do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
- 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.