When you use our services either at ARC Cabs or ARC Electric, you're agreeing to the following terms. So please take a few minutes to read over the below mentioned Terms and Conditions.
 The terms and Conditions for both ARC Cabs and ARC Electric are same. Whereever ARC Cabs is written it can be taken for ARC Electric also and vice versa.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR WEBSITE AND/OR USING OUR SERVICES. WHEN YOU GIVE BOOKING REQUEST WE ASSUME YOU HAVE READ AND GIVEN CONSENT TO OUR SERVICES TERMS AND CONDITIONS.
 
A. Terms and Conditions (Please note that vehicle(s) are not owned by Company)
1. DEFINITIONS:

• 'Vehicle' shall mean any vehicle / cab / taxi to be provided to the Customer for performance of the Services.
• 'Company' shall hereinafter individually and collectively mean ARCIOT MOBILITY PRIVATE LIMTED. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agents, its website, mobile application, technology etc.
• 'Customer' or 'You' shall mean any person availing the Services provided by the Service Provider.
• 'Service Provider' shall mean any person or entity possessing the Vehicle and providing the Services to the Customer. Both ‘owner of the Vehicle and driver of the Vehicle’ would be known as ‘Service Provider’. During the time of providing Services to the Customer, the Driver would be the primary Service Provider.
• 'Force Majeure Event' includes but is not limited to strikes, lockouts, labor disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances, pandemic, lockdown, or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against.
• 'Services' shall mean and include the ‘Pre-Book Taxi’ services; the pickup and drop services and / or transportation services to be provided by the Service Provider from and to such locations as may be requested by You.
• 'Use of Service' shall mean and includes but is not limited to, all the Customers dialling the dedicated number of the Company or visiting the official website of the Company or downloading the Mobile Application or availing the Services from the street side or dedicated pick-up locations of the Company.

2. General:
The Company provides technology based services for booking Vehicles in certain cities of India basis to you and you agree to avail the Services offered by third party Service Providers, drivers or vehicle operators ("the Service Provider").
Modus Operandi in General, the Company shall take your booking request and broadcast it to the set of Service Provider(s) and the Service Provider shall have the sole discretion to accept or reject such request. The Service Provider has discretion over whether to receive the booking request made by the Company. If the Service Provider accepts the booking request made by the Company for the Services, the Company shall notify you and provides the information regarding the Service Provider including its name, contact number etc.
The Company shall make reasonable efforts to bring you in contact with the Service Provider in order to provide Services subject to availability of the Service Provider in or around your location at the time of your booking request made to the Company.
For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Service Provider who shall render the Service to you. The provision of the Services by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and the Company shall never be a party to such agreement. Please note that even after acceptance of booking, the Service Provider may not reach your pick up location or decide not to render his Services in which event the Company shall not be held liable to you. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled to at all time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you download the correct mobile application for your device or visit the correct portal or dial-in the accurate call center number. The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation; You will comply with all the applicable laws; You will treat the Service Provider introduced to you through us with respect and not to cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle or the Service; You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms. Please note that we are not responsible for the behaviour, actions or inactions of the Service Provider, quality of cab which you may use (through us or otherwise). Any Contract for the provision of Services is between you and the Service Provider and not with the Company and we simply provide a technology platform to introduce the Customer and the Service Provider.
By using the mobile Application of the Company, you further agree that:

• You will download the Application for your sole, personal use and will not resell it to a third party;
• You will not authorize others to use your account;
• You will not assign or otherwise transfer your account to any other person or legal entity;
• 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 Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Application to cause nuisance, annoyance or inconvenience;
• You will not impair the proper operation of the network;
• You will not try to harm Application in any way whatsoever;
• You will not copy, or distribute the Application or other Company Content without written permission from Company;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Application;
• You will provide us with whatever proof of identity we may reasonably request;
• You will only use an access point or 3G data account (AP) which you are authorized to use;
• You will not use the Application with an incompatible or unauthorized device;
• You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application.

The Company reserves the right to immediately terminate use of the Application should you not comply with the any of the above rules. The fare range displayed in the 'Fare Estimation' provided in the ARCCabs.com website or ARCCabs Mobile App is just an estimate. The actual fare payable will vary and would be displayed in the billing device in the Vehicle or communicate to the Customer via e-mail or ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ or via any other medium. The Company takes no responsibility for the accuracy of the estimates and any variation between the estimate and the actual fare. Above estimates are exclusive of all toll charges, parking charge, discounts , waiting charges, night charges, carrier charges, extra luggage charges etc will be separate and to be paid by the Customer.
3. Charges and Payment:
You will make payment in full for the Services provided to you. You shall be required to pay trip charges for the Service to the Service Provider and the rates can be found on the website and mobile application of the Company. The trip charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the Services. You agree that the trip charges shall include the trip fare and any additional charges levied by the Company which includes waiting charges, parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. The fares and other rates vary and differ for different locations and different segment of Vehicles. Convenience charge (booking fee) and/or Technology platform fees, shall be applicable for the bookings made. For Outstation Round Trips, the charges will be applicable for each Calendar day. If the travel time extends to the next calendar day beyond 12 am midnight, next calendar day Round Trip charges will be applicable. You agree that you will pay for all Services you purchase from the Service Provider either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants or any new payment methods that the Company introduces from time to time. In the event the payment cannot be accepted through non-cash/digital modes, you shall be required to pay the trip charges by way of cash. Any payment made is non-refundable. At the end of the trip, we will facilitate for you to receive a copy of the invoice from the Service Provider on your registered e-mail account with the Company. The Company offers the mode / option for payment of tips to the drivers. The amount to be paid as tips is not mandatory and is solely as per the wish of the User or the experience of the User post availing the Services. The amount of tip is directly payable by the User to the driver and the Company is neither involved nor responsible for any such tips paid by the User to the driver. The amount paid as tip is not taxable and no receipt to that effect will be provided, also the same is non-refundable.
4.Indemnification:
By accepting these User Terms and using the application, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their 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 violation of any rights of any third party, including Service Providers arranged via the Application, or (c) your use or misuse of the Application or Website.
5. Liability:
The information, recommendations provided to you on or through the website, or the application is for general information purposes only and does not constitute advice. The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that (the contents of) the website and/or application are free of errors, defects, malware and viruses or that the website and/or application are correct, up to date and accurate.
The Company shall not be liable for any damages resulting from the use of or inability to use the website or application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the information or the website or application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of the Company.
The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the website or the application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 1000. The quality of the Services requested through the use of the application or the Service is entirely the responsibility of the Service Provider who ultimately provides such Services to you. The Company under no circumstance accepts liability in connection with and/or arising from the Services provided by the Service Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Service Provider. Any complaints about the Services provided by the Service Provider should therefore be submitted to the Service Provider.
6. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights):
The Company is the sole owner and lawful licensee of all the rights to the web site, mobile application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, mobile application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All the contents on this web site is copyright of the Company except the third party content and link to third party website on our website.
Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable 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.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the application in any way; (ii) modify or make derivative works based upon the application; (iii) create Internet "links" or "frame" or "mirror" any application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the application 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 application, or (c) copy any ideas, features, functions or graphics of the application, 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 application.
7. Link To Third Party Website:
During the use of the website or the application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the website, the application and are beyond the Company's control.
During use of the website and the application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the website or through the application or Service. These links take you off the website, the application and the Service and are beyond the Company's control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. The Company is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
By using our Services, You agree not only to be bound by our Terms and Conditions provided herein but also agree to be bound by https://maps.google.co.in , a nd for payment we use RazorPay Payment Gateway services ( https://razorpay.com ) and for ‘sms/notification/whatsapp/in-app-messages/email/telecall/autocall’/whatsapp we use third party service providers. You need to adhere to terms and conditions of various service providers.
8. Term and Termination of the Contract:
The Contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the application installed on your smart phone, thus disabling the use by you of the application and the Service.
Company is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of the Company, misuse the application or the Service. The Company is not obliged to give notice of the termination of the Contract in advance.
9.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 according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
10.Modification of the Service and User Terms:
The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the website or by sending you notice through the Service, application or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
11.Notice:
The Company may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.
12.Assignment:
You may not assign your rights under these User Terms without prior written approval of the Company.
13.Privacy and Cookie Notice:
The Company collects and processes the personal data of the visitors of the website and users of the application according to the Privacy and Cookie Notice
14.Excusable Delays (Force Majeure):
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
15.Miscellaneous:
The Courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the Use of the Services offered by the Company or the agreement or arrangement between the Company and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date, after which You shall have no rights to raise any claim against the Company.
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at www.arccabs.com or on the date that the Company may indicate that such addition, variation or amendment is to come into effect.
The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
The Customer who seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the Company's partner, then the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the said Service Provider, being the provider of the said Services, benefits, facilities or arrangements.
The Company provides links to third party website as a convenience to the Customers or as an advertisement and the Company does not have any control over such sites i.e. content and resources provided by them. The Company recommends reading such site's terms and conditions and/or privacy policies before using such sites.
This web site (www.arccabs.com) is published and maintained by the Company access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and the Customers.
You authorize the Company to send various communication including service messages, offers, promotions, and other promotional communication through various media channels, such as calls, messages, e-mails, social media and notifications in relation to the Company’s services.
B. Terms and Conditions (In case of Vehicle owned by Company)
This Terms and Conditions explain the nature and scope of the relation between the You and the Company (hereinafter the following Terms and Conditions should be referred to as the "Standard Terms and Conditions")
1. DEFINITIONS:

• 'Cab' or 'Taxi' shall mean the Vehicle to be provided by the Company to the Customer for performance of the Services.
• 'Company' shall hereinafter individually and collectively mean ARCIOT MOBILITY PRIVATE LIMTIED. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agents, its website, its mobile appetc.
• 'Driver' shall mean the third party SERVICE PROVIDER engaged by the Company as the driver of the Cab/Taxi for that specific Booking.
• 'Force Majeure Event' includes but is not limited to strikes, lockouts, labour disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against.
• 'Services' shall mean the pickup and drop service to be provided through the Vehicles owned by the Company from and to such locations as may be requested by You.
• 'Use of Service' shall mean and includes but is not limited to, all the Customers dialling the dedicated number of the Company or visiting the official website of the Company or downloading the Mobile Application or hiring the Cab from the street side or dedicated pick-up locations of the Company.

2. GENERAL CONDITIONS:

• These Terms and Conditions cover limitations and exclusion on the liability over the Company. These Terms and Conditions are applicable to You and are governing the use of Cabs throughout India.
• You are bound by the following Terms and Conditions and are legally in contract with the Company. This Terms and Conditions apply to all the Services offered by the Company collectively with any additional Terms and Conditions that may be applicable to the specific Service used or accessed by You or offered by the Company.
• You warrant that the information you provide to the Company is accurate and complete. The Company is entitled to at all time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you download the correct mobile application for your device or visit the correct portal or dial-in the accurate call center number. The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking Taxi
• You will not use the taxi for any unlawful purpose; in any way that interrupts, damages, impairs or renders taxi less efficient.
• You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
• You acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of Taxi. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the application.
• You will comply with all applicable laws;
• You will treat the Drivers introduced to you through us with respect and not to cause damage to their taxi or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Taxi or the Service;
• You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
• You agree that the Company does not assure you the availability of Taxi even after accepting and/or confirming the booking.
• Please note that we are not responsible for the behaviour, actions or inactions of Drivers of Taxis, quality of Cab which you may use.
• By using the mobile application of the Company, you further agree that:

a.    You will download the application for your sole, personal use and will not resell it to a third party;
b.    You will not authorize others to use your account;
c.    You will not assign or otherwise transfer your account to any other person or legal entity
d.    You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
e.    You will not use the application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
f.     You will not use the application to cause nuisance, annoyance or inconvenience;
g.    You will not impair the proper operation of the network;
h.    You will not try to harm application in any way whatsoever;
i.       You will not copy, or distribute the application or other Company content without written permission from Company;
j.       You will keep secure and confidential your account password or any identification we provide you which allows access to the application;
k.    You will provide us with whatever proof of identity we may reasonably request;
l.       You will only use an access point or 3G or 4G or 5G data account (AP) which you are authorized to use;
m. You will not use the application with an incompatible or unauthorized device;
n.    You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the application.
The Company reserves the right to immediately terminate use of the application should you not comply with the any of the above rules.
3. Charges and Payment:
You shall be required to pay trip charges for the Service and the rates can be found on the website and mobile application or such other booking platform of the Company. The trip charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the Services. You agree that the trip charges shall include the trip fare and any additional charges levied by the Company which includes waiting charges, parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. The toll charges will be payable by you as applicable, only when the Cab crosses the toll post. Convenience charge (booking fee) shall be applicable for the bookings made through the Company call center as per the rates provided in fare chart. For Outstation Round Trips, the charges will be applicable for each Calendar day. If the travel time extends to the next calendar day beyond 12 am midnight, next calendar day Round Trip charges will be applicable. Any payment made is non-refundable. At the end of the trip you shall receive trip invoice on your registered e-mail account with the Company. The Company offers the mode / option for payment of tips to the drivers. The amount to be paid as tips is not mandatory and is solely as per the wish of the User or the experience of the User post availing the Services. The amount of tip is directly payable by the User to the driver and the Company is neither involved nor responsible for any such tips paid by the User to the driver. The amount paid as tip is not taxable and no receipt to that effect will be provided, also the same is non-refundable.
You agree that you will pay for all Services you avail from the Company either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants. In the event the payment cannot be accepted through non-cash/digital modes, you shall be required to pay the trip charges by way of Cash. The processing of payments or credits, as applicable, in connection with your use of the application and Service will be subject to the terms, conditions and privacy policies of the payment processor and your credit card issuer in addition to these Standard Terms and Conditions. The Company is not responsible for any errors by the payment processor. In connection with your use of the Service, the Company will obtain certain transaction details, which Company will use solely in accordance with its Privacy and Cookie Notice.
4. Liability:

• The Company shall not be jointly or severally held responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the Use of Services offered by the Company or due to the failure of the Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems.
• Without prejudice to the above, the Company shall not be jointly and/or severally held liable for any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by the Company to provide a Cab to the Customer within any stipulated time even if the Company has agreed to so provide the Cab or even if the Customer has advised the Company of the possibility that any such loss or damage would result if the Cab is not provided at all or within the stipulated time.
• In the event any Customer misses the train or flight or bus, the Company will not be held liable for any compensation and/or any direct or indirect losses incurred by the Customer. The Customer shall be responsible to make an alternate arrangement if the Cab has not reached the pick-up location due to any reason. The Company shall not be responsible or liable for any meeting or other occasions, functions missed by the Customer.
• The Company shall not be liable for any delay or failure in the performance of any of its duties and obligations, to the extent that such delay or failure is caused due to a Force Majeure Event.
• The Company shall not be liable/responsible for any illegal conduct of the Drivers of the Cabs. However, the Company recommends you to notify about any complaints that you may have against the Drivers of any Cab.
• The Company shall not be responsible for any loss of communication/information of status update & benefits under any Services or program of the Company. All this information will be send on mobile number &/or email ID registered with the Company. The Company will not be responsible for appropriateness of mobile or email or any other communication medium. The Customer shall be responsible for immediately reporting the errors, if any, occurred in the information sent to the Customer regarding booking confirmation.
• The Company does not warrant that this site, its servers, or e-mail are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

5. PROCEDURE FOR AVAILING THE SERVICES OF THE COMPANY/BOOKING A CAB:

• In order to avail the Services of the Company, You shall be initially required to either log-in through the official website of the Company; or download and install the mobile application on a smart phone; or dial the dedicated number of the Company for giving the Pre-Book Request / Booking Request.
• Upon receiving Your Booking Request of the Cab, the Company may accept or reject your booking depending on various parameters including the availability of the Cab.
• The Company shall be entitled at any time without giving any reason or prior notice to terminate or cancel Your Booking and inform you.

6. OBLIGATIONS OF THE CUSTOMERS:

• The Company encourages You to take full responsibility of your items. In case of lost items inside the Cabs during the journey, the Company will try to locate the items on a "best-effort" basis but the Company will not responsible for the same in case of loss or damage to the same.
• If You leave any goods in the Taxi or has any complaint in respect of the Services or the use of the Taxi, the Customer has to inform the Company of the same in writing within 24 hours of using the Cab or the Services of the Company.
• You agree and acknowledge that the use of the services offered by the Company is at your sole risk and that the Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes.
  Without prejudice to the above, the Company makes no representation or warranties that: -the service will meet your requirements; -the service will be uninterrupted, timely, secure, or error-free.
• You authorize the Company to send you various communication including service messages, offers, promotions, and other promotional communication through various media channels, such as calls, messages, e-mails, social media and notifications in relation to the Company’s services.

7. AREA OF OPERATION:
The Taxi shall operate within the limits of India as per various rules and regulation. Customer should note, we are a Booking platform, the actual service is being given by the Service Provider.
8. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights)

• The Company is the sole owner and lawful licensee of all the rights to the web site and its contents. Website content means its design, layout, text, images, graphics, sounds, video, etc. the website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
• All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
• The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
• All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
• All the contents on this web site is copyright of the Company except the third party content and link to third party website on our website.

9. MISCELLANEOUS

• The Courts of Delhi, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the Use of the Services offered by the Company or the agreement or arrangement between the You and the Company. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date after which You shall have no any claim against the Company.
• The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and You shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at www.arccabs.com or on the date that the Company may indicate that such addition, variation or amendment is to come into effect.
• The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
• The Company provides links to third party website as a convenience to You or as an advertisement and the Company does not have any control over such sites i.e. content and resources provided by them. The Company recommends reading such site's terms and conditions and/or privacy policies before using such sites.
• This web site (www.arccabs.com) is published and maintained by the Company access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and You.
• By using a cab operating on our network, You agree not only to be bound by our Terms and Conditions provided herein but also agree to be bound by the  Google Maps/Google Earth Additional Terms of Service  (including the  Google Privacy Policy ).

10. Trip Tracker Service

• The Trip Tracker Service is optional & will be provided based only on the information given by You with regard to the tracking number while making the booking of the Cab.
• The trip tracker service once activated shall be ongoing unless otherwise deactivated by You.
• The Company assumes the deemed consent of the owner of tracking number (to receive Trip Tracker ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’s) & shall not be responsible or liable for the authenticity of the tracking number.
• In the event You desire to give any other tracking number, the same shall be done by You well in advance by intimating the Call Center or by using the "edit" option given on the website and in any case before the booking the Cab. The ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ will be sent to the last tracking number intimated to the Call Center or registered on the website before the booking of the Cab.
• The service may not be available if any routine maintenance is carried out for a short period of time and the Customer will be informed accordingly. Whilst every attempt will be made to restore the trip tracking service, the Company will not be responsible for any failure or delay to offer the service due to routine maintenance.
• In the event You wish to end his trip before the drop destination provided by You at the time of booking the cab, the trip tracking service will send the ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ as showing that location as end of trip where You has actually ended your trip
• The Company will not be responsible for any delay in or failure of message due to any technical error or due to any delay on account of service provided by the mobile service provider of the Company or You and/or the person whose number has been provided as tracking number. Once the trip tracker ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ is sent from the Company dispatch system, the same shall be regarded as sent irrespective of any delay or failure on account of any condition
• The Company will not be responsible for the accuracy of the information, any situations like congestion of network and/or traffic jams and in no event the information sent by way of ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ under the trip tracking service shall be used for planning a meeting and/or any other purpose. The Company shall not be responsible for any delay on account of such situations and information provided under the trip tracking service is only for sending the ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ alerts about the cab location and trip
• The Company does not assure a complete sustainability of this service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner
• The Company shall not be responsible for the correctness of the tracking number provided by the Customers

11. Share Your Ride

• You may offer to share the Cab with other users on the application and You shall share Your point of origin and destination for the ride for the said purpose.
• Other users may place a request to You on the Application by providing his point of origin and destination for the desired ride.
• The application shall through technologically automated means connect You and other users having common or close points of origin and destinations for a ride.
• The Company shall share your necessary details with the other users and with the other party so connected through the Application and the other user shall have the option of accepting or rejecting the offer placed by You for the ride between the desired points of origin and destination, until the Ride begins.
• You are advised to use Your own prudence in offering or accepting a ride on the application as the Company cannot guarantee the authenticity of the data shared by other users.
• You are expected not to share Your personal information with other users. You maintain decorum and refrain from indulging in heated discussions or debate(s) with other user.

Customer Terms and Conditions

When you use our services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR WEBSITE AND/OR USING OUR SERVICES. WHEN YOU GIVE BOOKING REQUEST WE ASSUME YOU HAVE READ AND GIVEN CONSENT TO OUR SERVICES TERMS AND CONDITIONS.
A. Terms and Conditions (Please note that vehicle(s) are not owned by Company)
1. DEFINITIONS:

• 'Vehicle' shall mean any vehicle / cab / taxi to be provided to the Customer for performance of the Services.
• 'Company' shall hereinafter individually and collectively mean ARCIOT MOBILITY PRIVATE LIMTED. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agents, its website, mobile application, technology etc.
• 'Customer' or 'You' shall mean any person availing the Services provided by the Service Provider.
• 'Service Provider' shall mean any person or entity possessing the Vehicle and providing the Services to the Customer. Both ‘owner of the Vehicle and driver of the Vehicle’ would be known as ‘Service Provider’. During the time of providing Services to the Customer, the Driver would be the primary Service Provider.
• 'Force Majeure Event' includes but is not limited to strikes, lockouts, labor disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances, pandemic, lockdown, or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against.
• 'Services' shall mean and include the ‘Pre-Book Taxi’ services; the pickup and drop services and / or transportation services to be provided by the Service Provider from and to such locations as may be requested by You.
• 'Use of Service' shall mean and includes but is not limited to, all the Customers dialling the dedicated number of the Company or visiting the official website of the Company or downloading the Mobile Application or availing the Services from the street side or dedicated pick-up locations of the Company.

2. General:
The Company provides technology based services for booking Vehicles in certain cities of India basis to you and you agree to avail the Services offered by third party Service Providers, drivers or vehicle operators ("the Service Provider").
Modus Operandi in General, the Company shall take your booking request and broadcast it to the set of Service Provider(s) and the Service Provider shall have the sole discretion to accept or reject such request. The Service Provider has discretion over whether to receive the booking request made by the Company. If the Service Provider accepts the booking request made by the Company for the Services, the Company shall notify you and provides the information regarding the Service Provider including its name, contact number etc.
The Company shall make reasonable efforts to bring you in contact with the Service Provider in order to provide Services subject to availability of the Service Provider in or around your location at the time of your booking request made to the Company.
For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Service Provider who shall render the Service to you. The provision of the Services by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and the Company shall never be a party to such agreement. Please note that even after acceptance of booking, the Service Provider may not reach your pick up location or decide not to render his Services in which event the Company shall not be held liable to you. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled to at all time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you download the correct mobile application for your device or visit the correct portal or dial-in the accurate call center number. The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation; You will comply with all the applicable laws; You will treat the Service Provider introduced to you through us with respect and not to cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle or the Service; You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms. Please note that we are not responsible for the behaviour, actions or inactions of the Service Provider, quality of cab which you may use (through us or otherwise). Any Contract for the provision of Services is between you and the Service Provider and not with the Company and we simply provide a technology platform to introduce the Customer and the Service Provider.
By using the mobile Application of the Company, you further agree that:

• You will download the Application for your sole, personal use and will not resell it to a third party;
• You will not authorize others to use your account;
• You will not assign or otherwise transfer your account to any other person or legal entity;
• 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 Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Application to cause nuisance, annoyance or inconvenience;
• You will not impair the proper operation of the network;
• You will not try to harm Application in any way whatsoever;
• You will not copy, or distribute the Application or other Company Content without written permission from Company;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Application;
• You will provide us with whatever proof of identity we may reasonably request;
• You will only use an access point or 3G data account (AP) which you are authorized to use;
• You will not use the Application with an incompatible or unauthorized device;
• You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application.

The Company reserves the right to immediately terminate use of the Application should you not comply with the any of the above rules. The fare range displayed in the 'Fare Estimation' provided in the ARCCabs.com website or ARCCabs Mobile App is just an estimate. The actual fare payable will vary and would be displayed in the billing device in the Vehicle or communicate to the Customer via e-mail or ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ or via any other medium. The Company takes no responsibility for the accuracy of the estimates and any variation between the estimate and the actual fare. Above estimates are exclusive of all toll charges, parking charge, discounts , waiting charges, night charges, carrier charges, extra luggage charges etc will be separate and to be paid by the Customer.
3. Charges and Payment:
You will make payment in full for the Services provided to you. You shall be required to pay trip charges for the Service to the Service Provider and the rates can be found on the website and mobile application of the Company. The trip charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the Services. You agree that the trip charges shall include the trip fare and any additional charges levied by the Company which includes waiting charges, parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. The fares and other rates vary and differ for different locations and different segment of Vehicles. Convenience charge (booking fee) and/or Technology platform fees, shall be applicable for the bookings made. For Outstation Round Trips, the charges will be applicable for each Calendar day. If the travel time extends to the next calendar day beyond 12 am midnight, next calendar day Round Trip charges will be applicable. You agree that you will pay for all Services you purchase from the Service Provider either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants or any new payment methods that the Company introduces from time to time. In the event the payment cannot be accepted through non-cash/digital modes, you shall be required to pay the trip charges by way of cash. Any payment made is non-refundable. At the end of the trip, we will facilitate for you to receive a copy of the invoice from the Service Provider on your registered e-mail account with the Company. The Company offers the mode / option for payment of tips to the drivers. The amount to be paid as tips is not mandatory and is solely as per the wish of the User or the experience of the User post availing the Services. The amount of tip is directly payable by the User to the driver and the Company is neither involved nor responsible for any such tips paid by the User to the driver. The amount paid as tip is not taxable and no receipt to that effect will be provided, also the same is non-refundable.
4.Indemnification:
By accepting these User Terms and using the application, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their 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 violation of any rights of any third party, including Service Providers arranged via the Application, or (c) your use or misuse of the Application or Website.
5. Liability:
The information, recommendations provided to you on or through the website, or the application is for general information purposes only and does not constitute advice. The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that (the contents of) the website and/or application are free of errors, defects, malware and viruses or that the website and/or application are correct, up to date and accurate.
The Company shall not be liable for any damages resulting from the use of or inability to use the website or application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the information or the website or application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of the Company.
The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the website or the application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 1000. The quality of the Services requested through the use of the application or the Service is entirely the responsibility of the Service Provider who ultimately provides such Services to you. The Company under no circumstance accepts liability in connection with and/or arising from the Services provided by the Service Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Service Provider. Any complaints about the Services provided by the Service Provider should therefore be submitted to the Service Provider.
6. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights):
The Company is the sole owner and lawful licensee of all the rights to the web site, mobile application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, mobile application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All the contents on this web site is copyright of the Company except the third party content and link to third party website on our website.
Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable 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.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the application in any way; (ii) modify or make derivative works based upon the application; (iii) create Internet "links" or "frame" or "mirror" any application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the application 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 application, or (c) copy any ideas, features, functions or graphics of the application, 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 application.
7. Link To Third Party Website:
During the use of the website or the application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the website, the application and are beyond the Company's control.
During use of the website and the application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the website or through the application or Service. These links take you off the website, the application and the Service and are beyond the Company's control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. The Company is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
By using our Services, You agree not only to be bound by our Terms and Conditions provided herein but also agree to be bound by https://maps.google.co.in, and for payment we use RazorPay Payment Gateway services (https://razorpay.com) and for ‘sms/notification/whatsapp/in-app-messages/email/telecall/autocall’/whatsapp we use third party service providers. You need to adhere to terms and conditions of various service providers.
8. Term and Termination of the Contract:
The Contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the application installed on your smart phone, thus disabling the use by you of the application and the Service.
Company is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of the Company, misuse the application or the Service. The Company is not obliged to give notice of the termination of the Contract in advance.
9.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 according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
10.Modification of the Service and User Terms:
The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the website or by sending you notice through the Service, application or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
11.Notice:
The Company may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.
12.Assignment:
You may not assign your rights under these User Terms without prior written approval of the Company.
13.Privacy and Cookie Notice:
The Company collects and processes the personal data of the visitors of the website and users of the application according to the Privacy and Cookie Notice
14.Excusable Delays (Force Majeure):
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
15.Miscellaneous:
The Courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the Use of the Services offered by the Company or the agreement or arrangement between the Company and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date, after which You shall have no rights to raise any claim against the Company.
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at www.arccabs.com or on the date that the Company may indicate that such addition, variation or amendment is to come into effect.
The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
The Customer who seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the Company's partner, then the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the said Service Provider, being the provider of the said Services, benefits, facilities or arrangements.
The Company provides links to third party website as a convenience to the Customers or as an advertisement and the Company does not have any control over such sites i.e. content and resources provided by them. The Company recommends reading such site's terms and conditions and/or privacy policies before using such sites.
This web site (www.arccabs.com) is published and maintained by the Company access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and the Customers.
You authorize the Company to send various communication including service messages, offers, promotions, and other promotional communication through various media channels, such as calls, messages, e-mails, social media and notifications in relation to the Company’s services.
B. Terms and Conditions (In case of Vehicle owned by Company)
This Terms and Conditions explain the nature and scope of the relation between the You and the Company (hereinafter the following Terms and Conditions should be referred to as the "Standard Terms and Conditions")
1. DEFINITIONS:

• 'Cab' or 'Taxi' shall mean the Vehicle to be provided by the Company to the Customer for performance of the Services.
• 'Company' shall hereinafter individually and collectively mean ARCIOT MOBILITY PRIVATE LIMTIED. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agents, its website, its mobile appetc.
• 'Driver' shall mean the third party SERVICE PROVIDER engaged by the Company as the driver of the Cab/Taxi for that specific Booking.
• 'Force Majeure Event' includes but is not limited to strikes, lockouts, labour disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against.
• 'Services' shall mean the pickup and drop service to be provided through the Vehicles owned by the Company from and to such locations as may be requested by You.
• 'Use of Service' shall mean and includes but is not limited to, all the Customers dialling the dedicated number of the Company or visiting the official website of the Company or downloading the Mobile Application or hiring the Cab from the street side or dedicated pick-up locations of the Company.

2. GENERAL CONDITIONS:

• These Terms and Conditions cover limitations and exclusion on the liability over the Company. These Terms and Conditions are applicable to You and are governing the use of Cabs throughout India.
• You are bound by the following Terms and Conditions and are legally in contract with the Company. This Terms and Conditions apply to all the Services offered by the Company collectively with any additional Terms and Conditions that may be applicable to the specific Service used or accessed by You or offered by the Company.
• You warrant that the information you provide to the Company is accurate and complete. The Company is entitled to at all time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you download the correct mobile application for your device or visit the correct portal or dial-in the accurate call center number. The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking Taxi
• You will not use the taxi for any unlawful purpose; in any way that interrupts, damages, impairs or renders taxi less efficient.
• You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
• You acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of Taxi. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the application.
• You will comply with all applicable laws;
• You will treat the Drivers introduced to you through us with respect and not to cause damage to their taxi or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Taxi or the Service;
• You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
• You agree that the Company does not assure you the availability of Taxi even after accepting and/or confirming the booking.
• Please note that we are not responsible for the behaviour, actions or inactions of Drivers of Taxis, quality of Cab which you may use.
• By using the mobile application of the Company, you further agree that:

a.You will download the application for your sole, personal use and will not resell it to a third party;
b.You will not authorize others to use your account;
c.You will not assign or otherwise transfer your account to any other person or legal entity
d.You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
e.You will not use the application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
f.You will not use the application to cause nuisance, annoyance or inconvenience;
g.You will not impair the proper operation of the network;
h.You will not try to harm application in any way whatsoever;
i.You will not copy, or distribute the application or other Company content without written permission from Company;
j.You will keep secure and confidential your account password or any identification we provide you which allows access to the application;
k.You will provide us with whatever proof of identity we may reasonably request;
l.You will only use an access point or 3G or 4G or 5G data account (AP) which you are authorized to use;
m.You will not use the application with an incompatible or unauthorized device;
n.You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the application.
The Company reserves the right to immediately terminate use of the application should you not comply with the any of the above rules.
3. Charges and Payment:
You shall be required to pay trip charges for the Service and the rates can be found on the website and mobile application or such other booking platform of the Company. The trip charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the Services. You agree that the trip charges shall include the trip fare and any additional charges levied by the Company which includes waiting charges, parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. The toll charges will be payable by you as applicable, only when the Cab crosses the toll post. Convenience charge (booking fee) shall be applicable for the bookings made through the Company call center as per the rates provided in fare chart. For Outstation Round Trips, the charges will be applicable for each Calendar day. If the travel time extends to the next calendar day beyond 12 am midnight, next calendar day Round Trip charges will be applicable. Any payment made is non-refundable. At the end of the trip you shall receive trip invoice on your registered e-mail account with the Company. The Company offers the mode / option for payment of tips to the drivers. The amount to be paid as tips is not mandatory and is solely as per the wish of the User or the experience of the User post availing the Services. The amount of tip is directly payable by the User to the driver and the Company is neither involved nor responsible for any such tips paid by the User to the driver. The amount paid as tip is not taxable and no receipt to that effect will be provided, also the same is non-refundable.
You agree that you will pay for all Services you avail from the Company either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants. In the event the payment cannot be accepted through non-cash/digital modes, you shall be required to pay the trip charges by way of Cash. The processing of payments or credits, as applicable, in connection with your use of the application and Service will be subject to the terms, conditions and privacy policies of the payment processor and your credit card issuer in addition to these Standard Terms and Conditions. The Company is not responsible for any errors by the payment processor. In connection with your use of the Service, the Company will obtain certain transaction details, which Company will use solely in accordance with its Privacy and Cookie Notice.
4. Liability:

• The Company shall not be jointly or severally held responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the Use of Services offered by the Company or due to the failure of the Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems.
• Without prejudice to the above, the Company shall not be jointly and/or severally held liable for any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by the Company to provide a Cab to the Customer within any stipulated time even if the Company has agreed to so provide the Cab or even if the Customer has advised the Company of the possibility that any such loss or damage would result if the Cab is not provided at all or within the stipulated time.
• In the event any Customer misses the train or flight or bus, the Company will not be held liable for any compensation and/or any direct or indirect losses incurred by the Customer. The Customer shall be responsible to make an alternate arrangement if the Cab has not reached the pick-up location due to any reason. The Company shall not be responsible or liable for any meeting or other occasions, functions missed by the Customer.
• The Company shall not be liable for any delay or failure in the performance of any of its duties and obligations, to the extent that such delay or failure is caused due to a Force Majeure Event.
• The Company shall not be liable/responsible for any illegal conduct of the Drivers of the Cabs. However, the Company recommends you to notify about any complaints that you may have against the Drivers of any Cab.
• The Company shall not be responsible for any loss of communication/information of status update & benefits under any Services or program of the Company. All this information will be send on mobile number &/or email ID registered with the Company. The Company will not be responsible for appropriateness of mobile or email or any other communication medium. The Customer shall be responsible for immediately reporting the errors, if any, occurred in the information sent to the Customer regarding booking confirmation.
• The Company does not warrant that this site, its servers, or e-mail are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

5. PROCEDURE FOR AVAILING THE SERVICES OF THE COMPANY/BOOKING A CAB:

• In order to avail the Services of the Company, You shall be initially required to either log-in through the official website of the Company; or download and install the mobile application on a smart phone; or dial the dedicated number of the Company for giving the Pre-Book Request / Booking Request.
• Upon receiving Your Booking Request of the Cab, the Company may accept or reject your booking depending on various parameters including the availability of the Cab.
• The Company shall be entitled at any time without giving any reason or prior notice to terminate or cancel Your Booking and inform you.

6. OBLIGATIONS OF THE CUSTOMERS:

• The Company encourages You to take full responsibility of your items. In case of lost items inside the Cabs during the journey, the Company will try to locate the items on a "best-effort" basis but the Company will not responsible for the same in case of loss or damage to the same.
• If You leave any goods in the Taxi or has any complaint in respect of the Services or the use of the Taxi, the Customer has to inform the Company of the same in writing within 24 hours of using the Cab or the Services of the Company.
• You agree and acknowledge that the use of the services offered by the Company is at your sole risk and that the Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes.
  Without prejudice to the above, the Company makes no representation or warranties that: -the service will meet your requirements; -the service will be uninterrupted, timely, secure, or error-free.
• You authorize the Company to send you various communication including service messages, offers, promotions, and other promotional communication through various media channels, such as calls, messages, e-mails, social media and notifications in relation to the Company’s services.

7. AREA OF OPERATION:
The Taxi shall operate within the limits of India as per various rules and regulation. Customer should note, we are a Booking platform, the actual service is being given by the Service Provider.
8. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights)

• The Company is the sole owner and lawful licensee of all the rights to the web site and its contents. Website content means its design, layout, text, images, graphics, sounds, video, etc. the website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
• All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
• The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
• All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
• All the contents on this web site is copyright of the Company except the third party content and link to third party website on our website.

9. MISCELLANEOUS

• The Courts of Delhi, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the Use of the Services offered by the Company or the agreement or arrangement between the You and the Company. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date after which You shall have no any claim against the Company.
• The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and You shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at www.arccabs.com or on the date that the Company may indicate that such addition, variation or amendment is to come into effect.
• The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
• The Company provides links to third party website as a convenience to You or as an advertisement and the Company does not have any control over such sites i.e. content and resources provided by them. The Company recommends reading such site's terms and conditions and/or privacy policies before using such sites.
• This web site (www.arccabs.com) is published and maintained by the Company access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and You.
• By using a cab operating on our network, You agree not only to be bound by our Terms and Conditions provided herein but also agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

10. Trip Tracker Service

• The Trip Tracker Service is optional & will be provided based only on the information given by You with regard to the tracking number while making the booking of the Cab.
• The trip tracker service once activated shall be ongoing unless otherwise deactivated by You.
• The Company assumes the deemed consent of the owner of tracking number (to receive Trip Tracker ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’s) & shall not be responsible or liable for the authenticity of the tracking number.
• In the event You desire to give any other tracking number, the same shall be done by You well in advance by intimating the Call Center or by using the "edit" option given on the website and in any case before the booking the Cab. The ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ will be sent to the last tracking number intimated to the Call Center or registered on the website before the booking of the Cab.
• The service may not be available if any routine maintenance is carried out for a short period of time and the Customer will be informed accordingly. Whilst every attempt will be made to restore the trip tracking service, the Company will not be responsible for any failure or delay to offer the service due to routine maintenance.
• In the event You wish to end his trip before the drop destination provided by You at the time of booking the cab, the trip tracking service will send the ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ as showing that location as end of trip where You has actually ended your trip
• The Company will not be responsible for any delay in or failure of message due to any technical error or due to any delay on account of service provided by the mobile service provider of the Company or You and/or the person whose number has been provided as tracking number. Once the trip tracker ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ is sent from the Company dispatch system, the same shall be regarded as sent irrespective of any delay or failure on account of any condition
• The Company will not be responsible for the accuracy of the information, any situations like congestion of network and/or traffic jams and in no event the information sent by way of ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ under the trip tracking service shall be used for planning a meeting and/or any other purpose. The Company shall not be responsible for any delay on account of such situations and information provided under the trip tracking service is only for sending the ‘SMS/NOTIFICATION/WHATSAPP/IN-APP-MESSAGES/EMAIL/TELECALL/AUTOCALL’ alerts about the cab location and trip
• The Company does not assure a complete sustainability of this service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner
• The Company shall not be responsible for the correctness of the tracking number provided by the Customers

11. Share Your Ride

• You may offer to share the Cab with other users on the application and You shall share Your point of origin and destination for the ride for the said purpose.
• Other users may place a request to You on the Application by providing his point of origin and destination for the desired ride.
• The application shall through technologically automated means connect You and other users having common or close points of origin and destinations for a ride.
• The Company shall share your necessary details with the other users and with the other party so connected through the Application and the other user shall have the option of accepting or rejecting the offer placed by You for the ride between the desired points of origin and destination, until the Ride begins.
• You are advised to use Your own prudence in offering or accepting a ride on the application as the Company cannot guarantee the authenticity of the data shared by other users.
• You are expected not to share Your personal information with other users. You maintain decorum and refrain from indulging in heated discussions or debate(s) with other user.