Passenger Terms & Conditions of Service
Mega Cabs is a technology platform that brings together company owned cabs and attachment model of cab service providers with customers provided by Mega Cabs or on behalf of Mega Cabs.
1. YOUR USE OF MEGA CABS SERVICES
1.1 You will become a customer of Mega Cabs whenever you use any Mega Cabs services by creating a booking through the following:
Mega Cabs App, website, or by calling the call centre. You will be deemed to have accepted these terms and conditions (“Terms”) when you register with us or if you register to use the MEGA CABS app and/or whenever you use any service provided by MEGA CABS.
1.2 You agree:
1.2.1 That all information and details provided by you to us when you use any MEGA CABS services (including when you register to use the MEGA CABS app) are true, accurate and up-to-date in all respects and at all times. If you have registered with us via the MEGA CABS App or web then you can update or correct your details at any time via the MEGA CABS App or web. If you have not registered via the app or web then please contact us if you wish to update or correct or delete your details;
1.2.2 That your use of any MEGA CABS services grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to MEGA CABS software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the MEGA CABS services in accordance with these Terms;
1.2.3 That you will not use any of the MEGA CABS services: for any purpose other than for the purpose for which they are provided to you; for any unlawful purpose; in any way that interrupts, damages, impairs or renders MEGA CABS less efficient; to transfer files that contain viruses, Trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services;
1.2.4 To refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
1.2.5 Acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of or service providers to or for any of the MEGA CABS services. 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 MEGA CABS App, website, call centre or email;
1.2.6 That you will comply with all applicable laws in force from time to time;
1.2.7 To make payment in full for any taxi journey you take and/or in respect of using any MEGA CABS services provided to you;
1.2.8 To treat taxi drivers introduced to you through MEGA CABS 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 any MEGA CABS services;
1.2.9 To compensate and defend us fully against any claims or legal proceedings brought against us by any other person because of your breach of these Terms.
2. CHARGES AND PAYMENT
2.1 For details about the cost of taxi journeys with MEGA CABS, access the Mega Cab Mobile App, visit the website or contact our call centre number +91-9090909090.
2.2 Choose to pay for a taxi journey using the MEGA CABS Services via the Mega Cabs-App per electronic direct debit system, credit card charge, Net banking or other payment methods (online wallets) or Cash. You agree that we may undertake authorization checks on any payment details you provide to us (including credit and debit cards) at any time.
2.3 You agree to pay for the Taxi booked for you using the MEGA CABS services you also agree to pay additional charges (where you cancel an order when a taxi has already been allocated to you or for any damage or cleaning costs to the taxi which you incur or may be if any Toll, MCD or Parking charges applicable).
2.4 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.
3. CANCELLATION POLICY
You may cancel your booking with us any time one hour before the schedule date and time of your pick-up by logging in online into your Mega cabs account by using your registered credentials or by calling us on our 24x7 Customer Care helpline number.
Although a cancellation charge may be applicable as per the below schedule:
If cancellation is done more than one hour prior to the pick-up time: No Cancellation Charges will be levied on you.
If cancellation is done within 60 minutes to the pick-up time: You are liable to pay the cancellation charges as applicable according to the city of service.
4. REFUND POLICY
If you are eligible for refunds based on the “Cancellation and Returns” policy above, then the refund will be remitted back to you in 5-7 working days. In case of any issues, write to us at info@megacabs.com or call us on +91-9090909090
5. TERMINATION
Termination: Mega Cabs may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
5.1 We may terminate any contract we have with you and/or close any account you have with us by giving you notice in writing by email to your email address registered with us or by calling on your registered number with us. We may also terminate any contract we have with you and/or close any account you have with us without notice if you breach any of your obligations under these Terms, if bankruptcy or insolvency proceedings are brought against you or if you do not pay a court judgment on time. You shall still be obliged to make any payment for any MEGA CABS services and/or in respect of any taxi journey provided or booked up to and including the termination date.
5.2 We reserve the right to suspend, restrict or terminate your access to any MEGA CABS services at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5.3 You are under no obligation to use any of the MEGA CABS services and may simply choose to stop using any of them any time and delete of the application installed on your phone, thus disabling the use by you of the application and the services. You will be able to cancel your registration for the MEGA CABS app and cancel your account with us. You shall still be obliged to make any payment for any MEGA CABS services and/or any taxi journey provided or booked up to and including the time you decide to no longer use any of our services and/or the time you delete any details we hold about you. We may keep the payment details you have provided to us even if you have deleted them in order to recover from you any monies that you may owe.
6. PROMOTIONS
MEGA CABS may, in MEGA CABS’s sole discretion, create promotions and corresponding promotional codes that may be redeemed for credit, or other features or benefits related from time to time to any of the MEGA CABS services and/or to services provided by a third party, subject to any additional terms that MEGA CABS establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by MEGA CABS ; (iii) may be disabled by MEGA CABS at any time for any reason without liability to MEGA CABS; (iv) may only be used pursuant to the specific terms that MEGA CABS establishes for such Promo Codes; (v) have no cash alternative; and (vi) may expire prior to your use. MEGA CABS reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that MEGA CABS determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
7. INDEMNITY
7.1. To the maximum extent permitted by law, you will indemnify and hold harmless MEGA CABS and its related bodies corporate (and their respective directors, officers, employees, agents and representatives) (“Indemnified Parties”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by the Indemnified Parties arising out of or in connection with any:
(i) breach by You of any Applicable Law;
(ii) Misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission of You;
(iii) personal injury (including sickness and death) or property damage caused or incurred by You in connection with any Ride (including in connection with any motor vehicle road accident involving the Vehicles); or
(iv) missed flights, trains, buses, or late arrival at destination due to late booking of cab, late arrival of cab, traffic congestion etc. Mega Cabs and its employees and representatives are not liable for any losses whether material or otherwise associated with such incidents.
(v) claim by a Driver or any other third party caused by any of Your acts or omissions.
8. FEEDBACK, ISSUES AND COMPLAINTS
8.1. You may rate a Ride after its conclusion, and you must be fair, accurate and non-defamatory while leaving complaints, comments, feedback, testimonials, or reviews on or about Rides, Drivers, Services, or the Booking Services.
8.2. All issues, complaints, opinions, suggestions, questions, and feedback while accessing the Services or Booking Services should be notified to Mega Cabs via e-mail or communicated to Mega Cabs through the Application or by contacting its call centre.
8.3. You must report any issue you have with the Application or Booking Services to Mega Cabs within 1 (one) day of the relevant issue occurring, otherwise Mega Cabs may not be able to address such issue.
8.4. Mega Cabs will endeavour to respond to You as soon as possible after You report an issue, and Mega Cabs will endeavour to resolve such issue as soon as reasonably possible. MEGA CABS notes that issues are generally resolved based on the seriousness of the issue, and as such certain issues may be prioritized over others. MEGA CABS may not be able to resolve all issues, and MEGA CABS will not be liable where You are not satisfied with the handling or resolution of (or failure to resolve) an issue relating to the transportation services provided to You by the Driver.
8.5. If you forget or lose any luggage or property in a Vehicle during a Ride, you should contact MEGA CABS as soon as possible (and any event within 24 (twenty-four) hours), and MEGA CABS will try to locate the items. If your luggage or property is found, MEGA CABS will contact you and advise you of how you will be able to collect your luggage or property. Unless otherwise agreed (in MEGA CABS’s sole and absolute discretion), MEGA CABS will not deliver any luggage or property items to you (and if MEGA CABS agrees to do so, MEGA CABS may charge you a reasonable fee for doing so). In no event will Mega Cabs be liable for any loss or damage to your personal effects and luggage.
9. LIABILITY
9.1 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.
9.2 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 /drop location due to any reason. The Company shall not be responsible or liable for any meeting or other occasions, functions missed by the Customer.
9.3 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.
9.4 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.
9.5 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.
10. OBLIGATIONS OF THE CUSTOMERS:
10.1 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.
10.2 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.
10.3 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.
10.4 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.
11. GENERAL
11.1 We may transfer and/or assign our rights or obligations or subcontract our obligations under these Terms to another other party at any time and at our discretion. These Terms are personal to you. You may not transfer and/or assign and/or subcontract your rights or obligations under these Terms to anyone else.
11.2 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
11.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
11.4 We are constantly looking for ways to improve and expand MEGA CABS. We may amend these Terms from time to time in order to reflect changes to MEGA CABS in which case we will give you reasonable notice of any changes to these Terms. You can terminate at any time as set out above.
11.5 Our website- www.megacabs.com sets out how you can contact us and you can also contact us at info@megacabs.com.
All disputes are subject to the jurisdiction of courts of Delhi.
Disclaimer: MEGA CABS DOES NOT GUARANTEE FOR THE SERVICE EVERYTIME YOU BOOK THE CAB OR CABS. IT IS DEPENDENT UPON THE DRIVER, CAB CONDITION, FUEL OR CNG, TRAFFIC CONGESTION, NATURAL CALAMITY, BANDH OR CURFEW, ROAD BLOCKAGE, PROCESSION IN ORDER TO REACH AS SCHEDULED AT THE PICK UP/DROP POINT TO OFFER TRANSPORTATION SERVICES WHICH MAY BE ORDERED AND SCHEDULED THROUGH KERBSIDE PICKUP,CALL CENTRE, MOBILE APP OR WEBSITE.
