- support@tatkalcabs.com
- Bangalore, India
Terms and Condition
1. INTRODUCTION AND GENERAL PROVISIONS
1.1. Welcome to Tatkalcabs! These are the Terms of Use (“Terms”) that govern the access and use, as an individual, within India, of services provided through a technological application (“Tatkal Application”), websites and related content (“Service(s) )”), made available by Middlebox Solution Pvt Limited based out of JP Nagar 7th Phase , Bangalore 560078 to any person who uses the Services as a passenger, hereinafter referred to simply as User(s) of Tatkal Apps.
1.1.1. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1.2. ACCEPTANCE OF TERMS AND CONDITIONS OF USE. BY REGISTERING AND CONTINUOUSLY USING THE SERVICES, THE USER WILL ACKNOWLEDGE HAVING READ, UNDERSTAND AND ACCEPT THE TERMS. IF AT ANY TIME THE USER DOES NOT AGREE WITH THE TERMS, THE USER SHOULD IMMEDIATELY CEASE USING THE APPLICATION AND UNINSTALL IT FROM YOUR APPLIANCE.
1.2.1. Additional Terms may apply to certain Services, such as conditions for particular events, regulations, activities or promotions, and these Additional Terms will be disclosed in connection with the respective Services (Additional Terms). The Additional Terms are complementary and considered an integral part of these Terms for the purposes of the respective Services. The Additional Terms will prevail over these Terms in case of conflict only with respect to the specifics.
1.3. Communication with the User. The User authorizes Tatkal Cabs to send administrative notifications in the Application (” push “), by email WhatsApps & SMS, in a publication on its website or by any other means of communication available (“Means of Communication”) with informative content and promotional related to the Services.
1.4. Change of Terms tatkal Cabs reserves the right to make changes and updates to the Terms at any time without prior notice. In case of amendments to the Terms that restrict Users’ rights, Tatkalcabs will communicate such amendment, at its discretion, through the Means of Communication. However, this liberality does not remove the User’s responsibility to periodically check the Terms. If the User does not agree with the amendments to the Terms, he must cancel his account, cease any and all use of the Services and uninstall the Application from his /her device. The fact that the User continues to access or use the Services after this post represents his consent to be bound to the Amended Terms.
2. USER DATA AND PRIVACY
TATKALCABS HAS AN EXPRESSED PRIVACY POLICY.REGISTRATION INFORMATION AND OTHER INFORMATION ABOUT THE USER IS SUBJECT TO THE TREATMENT REFERRED TO IN SUCH PRIVACY POLICY. YOU UNDERSTAND AND AGREE THAT YOUR USE AND PROVISION OF THE SERVICE INVOLVES THE COLLECTION AND USE OF INFORMATION AND DATA ABOUT THE USER (AS DEFINED IN THE APPLICABLE PRIVACY POLICY), INCLUDING THE TRANSFER OF SUCH INFORMATION AND DATA TO OTHER TERRITORIES FOR PURPOSES OF STORAGE, PROCESSING AND USE BY TATKALCABS, ITS CONTROLLING COMPANY AND OTHER COMPANIES OF THE SAME ECONOMIC GROUP, FOR THE PURPOSES OF PROVIDING THE SERVICE AND OTHERS PROVIDED FOR IN THE PRIVACY POLICY. PLEASE REFER TO PRIVACY POLICY.THE TATKALCABS PRIVACY POLICY IS AN INTEGRAL PART OF THE TERMS.BELOW ARE THE TYPE OF ACCESS NEEDS FOR USING THIS APPS.
2.1 Personal and Sensitive User Data
When you use Tatkal Apps, you trust us with your personal data. Were committed to keeping that trust. That starts with helping you understand our privacy practices.
This notice describes the personal data we collect, how its used and shared, and your choices regarding this data. We recommend that you read this along with our privacy overview, which highlights key points about our privacy practices. Your privacy matters to Middlebox Solutions Private Limited (the Company, we, Tatkal Cabs or Tatkal, or us).This Privacy Policy (Policy) describes the policies and procedures on the collection, use, disclosure and protection of your information when you use our website located at https://tatkalcabs.com/, or the Tatkal (Driver, User, Vendor) mobile application (collectively, Tatkal Platform or Tatkal App). The terms you and your refer to the user of the Tatkal Platform. The term Services refers to any services offered by Tatkal/You whether on the Tatkal Platform or otherwise. Please read Our Privacy Policy for more detail before using the Tatkal Platform or submitting any personal information to Tatkalcabs. This Policy is a part of and incorporated within, and is to be read along with, the applicable Terms and Conditions based on the user of the Tatkal Platform
Link : Tatkal Cabs Privacy Policy
Collecting and Using User Personal Data
When using or registering on Tatkal Apps or its web site (if available), as appropriate, User may be asked to enter name, email address, mailing address, phone number, id proof number or other details to help user with user experience.
Types of Data Collected
a. In addition to any Protected Information or other information that you choose to submit to us, we and our third-party service provider may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (Usage Information). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. In addition, we collect your Device Identifier for your Device. A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier.
b. Usage Information may be collected using a cookie. If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device. If you choose to disable cookies or flash cookies on your Device, some features of the Services may not function properly or may not be able to customize the delivery of information to you. The Company cannot control the use of cookies (or the resulting information) by third parties, and use of third-party cookies is not covered by our Privacy Policy.
c. Location data:
Driver: Tatkal collects location data when the Tatkal Drivers App is running in the foreground (app is open and on-screen) or background (app is not in use) of their mobile device. Tatkal collects location data only when the Driver have enabled the icon ONLINE on the Drivers App. We collect precise or approximate location data from the users mobile devices if they enable us to do so. Tatkal collects this data from the time a driver is ONLINE or started a trip until it is finished, and any time the app is running in the foreground of their mobile device. We use this data to enhance your use of our apps, including to improve pick-up locations, enable safety features, and prevent and detect fraud. Tatkal collects the Driver location data, and links location data collected during a trip with their vendors account, even if the driver has not enabled us to collect location data from their device. This enables us to offer services to the vendor or Tatkal Admin like trip tracking and customer support.
d. Information Third Parties provide about You: We may, from time to time, supplement the information we collect about you through our website or Mobile Application or Services with outside records from third parties.
INFORMATION COLLECTED BY MOBILE APPLICATIONS
i. Our Services are primarily provided through the Mobile Application. We may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications.
ii. When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (Mobile Device Information), in addition to the Device Information, including without limitation:
Your preferred Location and country site (if applicable)
The manufacturer and model of your mobile device
Your mobile operating system
The type of mobile internet browsers you are using
Your geolocation
iii. Information about how you interact with the Mobile Application and any of our web sites to
which the Mobile Application links, such as how many times you use a specific part of the
Mobile Application over a given time period, the amount of time you spend using the
Mobile Application, how often you use the Mobile Application, actions you take in the
Mobile Application and how you engage with the Mobile Application
iv. Information to allow us to personalize the services and content available through the Mobile
Application
v. Data from SMS/ text messages upon receiving Device permissions for the purposes of
(i) issuing and receiving one-time passwords and other device verification, and
(ii) automatically filling verification details during financial transactions, either through us
or a third-party service provider, in accordance with applicable law. We do not share or
transfer SMS/ text message data to any third party other than as provided under this Privacy
Policy.
vi. Demographic data: We may collect demographic data about users, including through user surveys.
vii. Travel information: We collect travel itinerary information, including the times and dates of
upcoming flight, lodging or car rental reservations, from users of our Tatkal Travel feature.
We collect such information: (i) when users manually input their information into an Tatkal
Travel itinerary; or (2) if authorized by users to access their Gmail accounts, from travelled-
related email confirmations. If so authorized, Tatkal will only access users Gmail accounts to
collect travel itinerary information to enable the Tatkal Travel feature, and will adhere to
Googles API Services User Data Policy, including the limitations on use of data collected
from users Gmail accounts.
viii. Camera: Takal Apps will need camera access so that user can update /modify the user profile picture
or other documents which may be needed using the registration process or later.
For more detail please ready our Privacy Policy from below mention link:
3. REGISTRATION
3.1. In order to use the Services, the User must register and maintain a personal Service User account (Account), obligatorily filling in the required registration fields. User profile is exclusive and non-transferable. In case of non-confirmation of their data, the User’s access to the Service may be blocked, at Tatkalcabs s sole discretion.
3.1.1. To create and maintain an Account and use the Services, the User declares to be at least 18 years of age or has obtained authorization from their parents, guardians or legal guardians or by govt agency, who are responsible for accepting these Terms on their behalf, monitoring and evaluating their proper use of the Tatkalcabs Application and Services.
4. SERVICES
4.1. Services provided by Tatkalcabs. The Services consist of providing a technological application that enables the duly registered User to locate and contact providers of different types of transport services for people (such as Cabs drivers) (“Driver(s) Partner(s) ). The Service must not be used for any purpose other than those expressly authorized by these Terms.
4.1.1. The use of the Services by Users is, in general, free of charge. Tatkalcabs will inform the User in advance about functionalities and behaviours that may generate charges and/or payments by the User specifically through the Means of Communication and/or by updating the Terms. Tatkalcabs reserves the right to charge for the Service or part thereof at any time. The User will be informed in advance if this occurs and will have the opportunity to consent to such charges for the Service or to cease using the Service.
4.2. Modification or Termination of Service. Tatkalcabs reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service or part thereof, with or without notice. The User agrees that Tatkalcabs will not be liable, nor will it have any additional obligation, implicit or explicit, to the User or third parties for any modification, suspension or disabling of the Service.
4.3. TRANSPORTATION SERVICE PROVIDED BY PARTNER DRIVERS. THE USER UNDERSTANDS AND REPRESENTS THAT TATKALCABS DOES NOT PROVIDE AND DOES NOT GUARANTEE THE PROVISION OF ANY PERSONAL TRANSPORTATION SERVICE. TATKALCABS DOES NOT HAVE A FLEET OF
VEHICLES, EXCLUSIVELY PROVIDING AN INTERMEDIATION SERVICE AIMED TO FACILITATE THE CONTRACTING OF PASSENGER TRANSPORTATION SERVICE TO A DRIVER PARTNER REGISTERED IN OUR APPLICATION.
4.4. RESPONSIBILITY FOR TRANSPORTATION SERVICES. THE CONTRACTING OF PERSONAL TRANSPORTATION SERVICES IS DIRECTLY BETWEEN USERS AND PARTNERS DRIVERS, INDEPENDENT THIRD PARTIES WHO DO NOT HAVE ANY FORM OF EMPLOYMENT, CORPORATE OR SUBORDINATION WITH TATKALCABS OR ITS CONTROLLING ENTITIES. TATKALCABS IS NOT RESPONSIBLE FOR ANY LOSSES, DAMAGES OR DEATH, DAMAGES ARISING OUT OF OR RELATING TO THE PERSONAL TRANSPORTATION SERVICES AS PROVIDED FOR IN CLAUSE 8.2.
4.5. Damages and losses caused to Partner Drivers. The User will be responsible for any damages or losses caused to the person transporting service provider and agrees to indemnify and hold TATKALCABS harmless in relation to any claims, losses, losses or damages directly or indirectly related to acts or facts caused by the User in the face of the person transport service provider.
4.5.1. The User is solely responsible for the content of luggage carried during the race, and the transport of firearms, ammunition is expressly prohibited; hazardous, explosive, flammable or
combustible materials; drugs and narcotics; and any other materials whose transport is prohibited by law or violates good customs and morality, with the User being liable for any infringement of the legislation in force and in any scope.
4.6. TATKALCABS provides the User with the option of qualitatively evaluating and commenting on the transport service provided by Partner Drivers, with the publication of defamatory comments, under penalty of suspension of the use of the Application and Services, pursuant to Clause 10, libellous, violent, obscene, pornographic, racist, homophobic, illegal or otherwise offensive, as understood by TATKALCABS in its sole discretion.
4.6.1. The content published by the User is of its sole and exclusive civil and criminal responsibility and for all legal purposes, including in relation to comments and opinions about certain content.
4.7. Access to Network and Equipment. The User understands and agrees that the use of the Service requires the acquisition of mobile telephony devices and the contracting of telecommunications services, and that the use of the Service may generate charges by such telecommunications service providers for connecting to the Internet, for example. The User is solely responsible for contracting and bearing any and all costs and burdens related to the acquisition of his mobile phone device and the contracting of his telecommunications service. TATKALCABS is not responsible for the availability, quality and maintenance of such telecommunication services and the User understands that the conditions of the telecommunications service may affect the experience of the Service. TATKALCABS will not be held responsible for any problem related to the Service arising directly or indirectly from inconsistencies or failures in mobile telephony devices and/or telecommunication services.
5. PROMOTIONAL CODES
5.1. TATKALCABS may, at its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to the Services and/or services of TATKALCABS partners, subject to any additional conditions that TATKALCABS establishes for each promotional code (Promotional Codes).
5.1.1. User agrees that Promotional Codes:
(i) must be used lawfully for the purpose and audience for which they are intended;
(ii) must not be duplicated, in any way sold, transferred or made available to the general public (whether through public posting or any other method) unless expressly permitted by TATKALCABS;
(iii) may be disabled by TATKALCABS at any time for legally legitimate reasons, without any liability for TATKALCABS;
(iv) may only be used in accordance with the specific conditions that TATKALCABS establishes for this Promotional Code;
(v) are not valid as cash; and (vi) may expire before being used. A TATKALCABS reserves the right to withhold or deduct credits or other features or advantages obtained through the use of the Promotional Codes by the User or third parties, if TATKALCABS finds or believes that the use or redemption of the Promotional Code was made with error, fraud, illegality or violation of the conditions of the respective Promotional Code, specific regulations and the Terms, at TATKALCABS.
6. LICENSE
6.1. Subject to compliance with these Terms, TATKALCABS grants the User a free, limited, non-exclusive, personal, non-transferable and revocable license solely and exclusively to access and use the Service for personal, non-commercial purposes through any compatible device.
7. PAYMENT FOR INDIVIDUAL TRANSPORTATION SERVICE
7.1. Price. The User understands that the transport services he receives from
a Partner Driver, contracted through the Services, may be charged (Price(s)). The payment of the Price is made directly by the User, using one of the available payment methods that are accepted by the Partner Drivers:
(i) cash;
(ii) on your own debit or credit card machine; and/or
(iii) through the Application itself. TATKALCABS is not responsible for any other method of payment, except through the Application itself.
(iv) Direct payment modalities, namely, cash and debit or credit card machine of the Partner Drivers, are made available by the Partner Driver itself and used at the User’s own risk and expense.
7.1.1. Price calculation method. When the User has entered the destination and requested the Service through the Application, he will receive the Price value for the corresponding route. The Price will consist of: (i) base/minimum value; plus (ii) variable portion based on the distance
and estimated amount of time for the journey. In addition, in certain situations where travel demand increases significantly, additional dynamic adjustment (Dynamic Adjustment) is possible. Dynamic Fit is intended to balance supply and demand by encouraging more partner drivers to connect to the app and accept race requests. The Dynamic Adjustment will be an integral part of the Price and its incidence will be clear. The User understands and agrees that by requesting the trip, he/she accepts the charging of the indicated Price, committing to pay the full amount of said Price.
7.1.2. Price variation after race acceptance. The Price may increase if you change the destination during the trip, if you make extra stops along the way or if the trip takes much longer than expected, as a result of the User’s actions, and any events that are not under the control of the Driver and/or TATKALCABS, including acts of God and force majeure (e.g events in the city that alter traffic, occurrence of rain and natural accidents, etc.) (Price Variation Hypotheses). In the event of Price Variation, at the end of the race, an additional price will be charged (Additional to the Price).
7.1.3. TATKALCABS reserves the right to set, remove and/or revise the Price in respect of all transportation services through the use of the Services at any time, in TATKALCABS sole discretion. You further acknowledge and agree that the Price applies in certain geographic areas may include charges, tariffs, fees, taxes and/or government contributions due on your behalf, including toll charges or airport charges, depending on the route taken by the Partner Driver, the place of origin and/or destination of the trip.
7.1.4. TATKALCABS will use reasonable efforts to inform you of the Prices that may apply, given that the User will be responsible for payment of the Prices posted to his Account. TATKALCABS may, at any time, provide certain User(s) with promotional offers and discounts which may result in different amounts being charged for the same or similar transport services obtained through the use of the Services, and the User agrees that these promotional offers and discounts, unless also offered to him, will have no influence on the Prices normally applied.
7.2. Cancellation Fee. The User may choose to cancel their request for the Transport Services provided by the Partner Driver at any time prior to such Partner Driver’s arrival at the embarkation point indicated on the Application, in which case a cancellation fee may be imposed (Cancellation Fee). The Cancellation Fee will be allocated to the Partner Driver as a form of reimbursement for their displacement and waiting time.
7.3. Payment options. Payment through the Application will be made, at the User’s choice, either through an account with a partner company of means of payment (Payment Company), or by credit card duly registered in the Application (Credit Card Company). TATKALCABS has no responsibility for such access and registration of the Partner Company or the Credit Card Company. At the end of the payment process, the User authorizes TATKALCABS to debit the full amount of the Price from the Payment Method available.
7.3.1. If the User chooses to make payment using a credit card, he will provide his data in the Application and this data will be sent to the Credit Card Company. For your safety, whenever the User registers a new credit card, TATKALCABS will carry out a test charge in the amount of Rs 2.00 (Rupees 2), which will be reversed shortly thereafter. This test charge will not be posted on the invoice, and only serves to verify the validity of the registered credit card.
7.3.2. If it is not possible to debit the Price of the race value in the Payment Method available from the Payment Company for any reason, TATKALCABS will generate a bill of collection and may use any and all judicial or extrajudicial means in order to receive the amount due.
7.4. Tip. TATKALCABS will be able to offer the User a functionality through which it is possible to offer the Partner Driver a tip, as a way of encouraging a fast, attentive and efficient service. This tip will not be mandatory.
7.5. Payments Division. TATKALCABS may offer the User a functionality through which it is possible to share the Price with other Users. The Price will be divided equally between the Users who accept the division. TATKALCABS may charge additional fees for the use of this functionality, as per information displayed in the app.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNITY
8.1. DISCLAIMER OF WARRANTY. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES THAT: (i) THE USE OF THE SERVICE SHALL BE AT THE USER’S ENTIRE RESPONSIBILITY. THE SERVICE IS PROVIDED TO THE USER IN THE FORM AS AVAILABLE. TATKALCABS MAKES NO WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS; AND (ii) TATKALCABS CANNOT WARRANT THAT: (A) THE SERVICE AVAILABLE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE PROVIDED UNINTERRUPTED, TIMELY; (C) THAT THE QUALITY OF ANY OTHER OFFERS, INFORMATION OR OTHER MATERIAL ACCESSED, OBTAINED, MADE AVAILABLE OR PROVIDED TO THE USER IN CONNECTION WITH THE SERVICE WILL MEET YOUR EXPECTATIONS; (D) WHAT IMPROVEMENTS OR INNOVATIONS WILL BE IMPLEMENTED; AND (E) THE TRANSPORTATION SERVICES REQUESTED THROUGH THE USE OF THE SERVICES WILL BE RELIABLE, TIMELY AND ADEQUATE.
8.1.1. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES THAT TATKALCABS SHALL NOT HAVE ANY LIABILITY, WHETHER CONTRACTUAL OR EXTRA-CONTRACTUAL, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOSS OF FINAL INFORMATION:
(A) USE OR INABILITY TO USE THE SERVICE;
(B) BREAKS OF SECURITY AND UNAUTHORIZED ACCESS TO TRANSMISSIONS OR USER INFORMATION, AS WELL AS THE CHANGE THEREOF;
(C) THIRD PARTY ADVICE OR CONDUCT ABOUT THE SERVICE; AND
(D) FOR FORCE MAJEURE OR UNFORTUNATE ACTS, ACTS PERFORMED BY THE USER ITSELF AND ACTS PERFORMED BY OR UNDER THE RESPONSIBILITY OF A THIRD PARTY.
8.2. LIMITATION OF LIABILITY FOR SHIPPING SERVICES. USER ACKNOWLEDGES AND AGREES THAT PARTNER DRIVERS ARE INDEPENDENT AND SOLELY RESPONSIBLE FOR THE PROVISION OF TRANSPORTATION SERVICES. TATKALCABS WILL TAKE THE POSSIBLE MEASURES WITHIN ITS SCOPE SO THAT THE USER HAS THE BEST POSSIBLE EXPERIENCE ALSO WITH THE TRANSPORTATION SERVICES PROVIDED BY THE PARTNER DRIVERS, BUT TATKALCABS EXPRESSLY DISCLAIMS ANY WARRANTIES AND WARRANTIES
(I) ANY PARTNER DRIVER, INCLUDING ANY OF THEIR TECHNICAL OR PERSONAL ATTRIBUTES;
(II) THE CONTINUOUS EVALUATION AND INSPECTION OF SUCH PARTNER DRIVERS AND THEIR RESPECTIVE VEHICLES; AND
(III) ANY ACTS, FACTS, LOSSES, DAMAGES AND DAMAGES RELATED DIRECTLY OR INDIRECTLY TO THE PERSONAL TRANSPORTATION SERVICES PROVIDED BY THE PARTNER DRIVERS, INCLUDING BUT NOT LIMITED TO:
(A) THE ITINERARY OBSERVED BY THE PARTNER DRIVER;
(B) THE TIME OF ARRIVAL OF THE USER AT THE FINAL DESTINATION;
(C) THE PROPER END OF THE RACE BY THE DRIVER ON THE PLATFORM; AND
(D) THE STORING OF OBJECTS FORGOTTEN BY THE USER IN THE DRIVER’S VEHICLE.
8.2.1. The User is aware that the data of the Partner Driver disclosed by TATKALCABS, including, but not limited to, its full name, model and license plate of the vehicle used, were provided by the Partner Driver itself.
8.3. INDEMNITY.
8.3.1. BY ACCIDENTS. THE USER AGREES THAT ANY PAYMENT MADE ON THE BASIS OF THE INSURANCE AGAINST PERSONAL PASSENGER ACCIDENT (APP) MAINTAINED BY THE TATKALCABS OR THE THIRD-PARTY PROVIDER WILL REDUCE ANY INDEMNITY THAT EVENTUALLY BE DUE ARISING FROM THAT SAME ACCIDENT. TATKALCABS MAY DEDUCT ANY INSURANCE PAYMENT MADE FROM ANY INDEMNITY AMOUNT THAT TATKALCABS MAY BE OBLIGATED TO PAY, ON ANY GROUNDS.
8.3.2. FROM THE USER TO TATKALCABS. The User agrees to indemnify and hold harmless TATKALCABS and its parent company, subsidiaries, affiliates, directors and employees, partners and customers who display their brands or those of their parent company, for any damages that may be claimed, including legal expenses and legal fees, due to:
(i) any fact or unlawful act performed by the User;
(ii) your use of the Services, transportation services obtained through your use of the Services;
(iii) for breach of these Terms; or
(iv) violation of the rights of third parties, including Partner Drivers.
9. INTELLECTUAL PROPERTY
9.1. The brands, names, logos, domain names and other distinctive signs, as well as any and all content, design, art or layout published on the Application and the Service itself, are the exclusive property of TATKALCABS.
9.2. Any acts or contributions aimed at decompiling, reverse engineering, modifying the characteristics, expanding, altering, merging or incorporating into any other programs or systems of the Application or Service are prohibited. Finally, any and all forms of reproduction of the Application or Service, in whole or in part, permanent, temporary or provisional, free of charge or for consideration, under any modalities, forms or titles, is expressly prohibited.
10. CANCELLATION OF YOUR ACCESS TO THE APP
10.1. User agrees that TATKALCABS, at its sole discretion, may terminate its use of the Service, including, but not limited to:
(i) for non-compliance and/or violation of these Terms;
(ii) as a result of a court order or a legal and competent request from a governmental authority;
(iii) by request of the User;
(iv) by disabling or modifying the Service (or any part thereof);
(v) for acts of God, force majeure and/or security reasons;
(vi) account inactivity for a reasonable period of time;
(vii) the alleged practice of any fraudulent or illegal activity by the User, at TATKALCABS ‘s discretion;
(viii) misuse of the Application, at TATKALCABS ‘s discretion; and/or
(ix) for default by the User of any obligations, amounts, payments due under the Service, when applicable.
10.2. YOU AGREE THAT THE TERMINATION OF YOUR ACCESS TO THE SERVICE FOR ANY REASON IN THESE TERMS MAY OCCUR WITHOUT PRIOR NOTICE AND ALL CONSTANT INFORMATION AND DATA MAY BE PERMANENTLY DELETED.
11. FINAL PROVISIONS
11.1. These terms constitute the entire agreement between the User and TATKALCABS and will govern the use of the Service by the User, superseding any previous agreement.
11.2. Applicable Law. These Terms and the relationship between the User and TATKALCABS shall be governed by the laws of India under the judication of Bangalore urban the jurisdiction of the Bangalore is elected as being the only one competent to settle any disputes and/or demands that may involve the parties in relation to the use and access of its website and Application. The User and TATKALCABS agree to submit to the sole and exclusive jurisdiction of the courts located in India.
11.3. Notifications. All notifications, subpoenas, official letters or any other official form of notification of TATKALCABS must take place at its headquarters address, described in the preamble of the Terms.
11.4. Waiver of Rights. If TATKALCABS fails to exercise or enforce any right or provision of these Terms, this will not be characterized as a waiver of such right or provision or constitute novation. If any provision of the Terms is found to be invalid by a competent court, the parties nevertheless agree that the remainder of the Terms shall be construed to reflect the original intent, and the other provisions of the Terms will remain in full force and effect.
11.5. Assignment of rights. User may not assign or transfer these Terms, in whole or in part, without TATKALCABS ‘s prior written approval. User grants its approval for TATKALCABS to assign and transfer these Terms in whole or in part, including: (i) to its parent, subsidiary or affiliated; (ii) an acquirer of TATKALCABS equity interests, businesses or assets; or (iii) to a successor as a result of any corporate transaction. There is no joint venture, partnership, employment or representational relationship between the User, TATKALCABS or any Partner Drivers as a result of the contract between you and TATKALCABS or for the use of the Services.
11.6. Indivisibility. If any provision of these Terms is found to be illegal, invalid or unenforceable in whole or in part, by any legislation, that provision or part thereof shall, to that extent, be deemed not to exist for the purposes of these Terms, but the legality, validity and enforceability of the others provisions contained in these Terms will not be affected. In this case, the parties will replace the illegal, invalid or unenforceable provision, or part of it, with one that is legal, valid and enforceable and which, to the maximum extent possible, has similar effect to the provision deemed to be illegal, invalid or unenforceable for the purposes of content and purpose of these Terms. These Terms constitute the entirety of the agreement and understanding of the parties on this matter and supersedes and supersedes all prior understandings and commitments on this matter. In these Terms, the words including and includes mean including, without limitation.