TERMS AND CONDITIONS
The Terms and conditions (as described below) govern the access or use by you, an individual, within the territory of India, the application, website, contents, products, and services made available by KIHARAS GROUP, a LLP, registered as software company, having it’s office at Flat no 6, Priyal Apparments, Samarth colony, Dalvi Nagar, Chcinchwad, Pune-411033, the company run an application under the name and style as “Rezurv Ride”.
The Services constitute a technol
ogy platform that enables users of KIHARAS GROUP’s mobile applications or websites provided as part of the Services to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with KIHARAS GROUP or certain of KIHARAS GROUP’s affiliates, these Services are made available solely for your personal, noncommercial use. You acknowledge that KIHARAS GROUP does not provide transportation or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent third party contractors who are not employed by KIHARAS GROUP or any of its affiliates.
The Service allows You to send a request through KIHARAS GROUP to a Driver on the KIHARAS GROUP network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, KIHARAS GROUP or Driver, notifies You and provides information regarding the Driver - including Driver name, Vehicle registration number, telephone contact details of the Driver and such other details as KIHARAS GROUP may determine.
KIHARAS GROUP shall make reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by KIHARAS GROUP. Our Services are available only in India and to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services.
User(s) Requirements and Conduct:
In order to use most aspects of the Services, you must register for and maintain an active personal user Services Account. Account registration requires you to submit to KIHARAS GROUP certain personal information, such as your name, mobile phone number, Email, as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services of KIHARAS GROUP. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning and repairing.
•KIHARAS GROUP reserves the right to establish, remove and/or revise charges for any or all services or goods obtained through the use of the services at any time in KIHARAS GROUP’s sole discretion.
•You shall pay charges to the Kiharas Group or to the Driver at the end of service rendered to you. You shall be required to pay such Additional Fee, which will form part of the receipt of these charges. In addition to this charges, You may be required to pay such other charges incurred by you during the Ride in cash, which are not included in the receipt of these charges.
•KIHARAS GROUP shall provide a receipt of the amount of charges payable by You at the end of the service, however, separate invoices for the Fare and Additional Fee, raised by KIHARAS GROUP shall be provided to You on request. You shall choose to pay for the Service Fee by either of the following four methods:
i. Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver..
ii. E-Wallet payment: KIHARAS GROUP offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that KIHARAS GROUP engages for the purpose. KIHARAS GROUP will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E-Wallet payments, all Additional Fee shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an E-Wallet payment, KIHARAS GROUP shall collect the Fare on behalf of the Driver and/or an operator who will be responsible for providing the transportation services.
iii. Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by KIHARAS GROUP. Such PG may either be KIHARAS GROUP or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to KIHARAS GROUP and authorize the PG to complete such transactions. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of KIHARAS GROUP’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of KIHARAS GROUP’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
•Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. KIHARAS GROUP shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
•Charges will be inclusive of applicable taxes as required by law. Charges paid by you are final and non-refundable, unless otherwise determined by KIHARAS GROUP. As between you and KIHARAS GROUP.
You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below:
The Cancellation fee will be charged-
•If you cancel after 5 minutes after the cab is allotted or
•If a driver cancels after waiting at your location for more than 10 minutes
•Notwithstanding the foregoing, if the Driver is delayed by more than twenty (20) minutes to pick You, You will not be charged any Cancellation Fee.
You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
KIHARAS GROUP does not act as principal but makes arrangements with third-party vendors, such as, car rental agencies, tour operators. Kiharas group disclaims that kiharas group makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services, or that the services will be uninterrupted or error-free. KIHARAS GROUP does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Except as expressly stated herein, KIHARAS GROUP assumes no responsibility for actions relating to travel services beyond the control of KIHARAS GROUP or its employees.
The information, recommendations and/or Services provided to You on or through the Site, the Application are for general information purposes only and does not constitute advice. KIHARAS GROUP will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
KIHARAS GROUP shall not be liable for You missing trains/flights/events or delays etc as the Service is dependent on many factors not in KIHARAS GROUP’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
KIHARAS GROUP shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
You shall take full responsibility of Your items and luggage. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform KIHARAS GROUP of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of KIHARAS GROUP. In the event it is found, You shall be informed about the place from where You can collect it after 3 (three) working days from the date You were informed. KIHARAS GROUP however shall not be responsible for delivering the same back to You.
KIHARAS GROUP does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
KIHARAS GROUP shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with KIHARAS GROUP. KIHARAS GROUP will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
Kiharas group shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services or failure to provide such services, even if kiharas group has been advised of the possibility of such damages. Kiharas group shall not be liable for any damages, liability or losses arising out of: (i) your use of the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if kiharas group has been advised of the possibility of such damages. Kiharas group shall not be liable for delay or failure in performance of services whatsoever. You acknowledge that third party transportation providers providing transportation services, requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.
Kiharas group is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any third-party vendor of travel products and services. Kiharas group has no control over and assumes no liability for the actions of the third-party vendors from whom it obtains travel products or services.
You agree to indemnify and hold KIHARAS GROUP, a LLP and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) KIHARAS GROUP’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Intellectual Property Rights:
This Application and all the materials available on the the application, website, contents, products, and services made available by KIHARAS GROUP are the property of us, and are protected by copyright, trademark, and other intellectual property laws. You may not use the materials available on the the application, website, contents, products, and services made available by KIHARAS GROUP in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material.
Notice And Communication:
KIHARAS GROUP may give notice by means of a general notice on Application, or by electronic mail to your email address or a message on your registered mobile number, or by written communication to your address on record in KIHARAS GROUP’s account information.
You may contact KIHARAS GROUP by electronic mail at Our email address email@example.com or by written communication sent by regular mail to Our address at Kiharas Group LLP, Flat no 6, Priyal apartments, Samarth colony, Dalvi Nagar, Chinchwad, Pune-411033.
Governing Law And Dispute Resolution:
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of KIHARAS GROUP as KIHARAS GROUP may designate. The reference for dispute resolution shall be made to a sole arbitrator mutually appointed by KIHARAS GROUP and You. The place of the arbitration shall be Pune, Maharashtra, unless otherwise mutually agreed by KIHARAS GROUP and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Pune, India.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. KIHARAS GROUP reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time. KIHARAS GROUP shall not be required to notify you of any changes made to these User Terms.
Your access and use of the Services constitutes an agreement to be bound by the terms and conditions, which establishes a contractual relationship between you and KIHARAS GROUP.
Rezurv Ride (Kiharas Group LLP) can call any Driver, Who are Registered with them.