This [**Website/ Application/ Services] is/are [**operated/provided] by YEBO Cab Private Limited
These terms and conditions (“User Terms”) apply to your visit to and your use of the website and Services at www.yebocab.com (the “Website”) whether through a computer or a mobile phone, the Service and the Application (as defined below), as well as to all information, recommendations and or services provided to you on or through the Website, the Service and the Application. For the purposes of this User Terms, “YEBO” shall mean YEBO Cab Private Limited. “You” and “your” means a person who meets the eligibility criteria set out below.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE APPLICATION AND/OR USING THE SERVICE AND WEBSITE.
YEBO offers information and a means to obtain transportation services offered by third party service providers, drivers or vehicle operators (“TPSP”), which may be requested through phone via call centre, Website, the use of an application supplied by YEBO and downloaded and installed by you on your single mobile device (smart phone) (the “Application”) or through any other channel made available by YEBO for ‘booking’ purposes. All services provided by YEBO to you by means of your use of the booking channel, for booking purposes, are hereinafter referred to as the “Service”.
By using the Service, you enter into a contract with YEBO (the “Contract”). In order to be able to use the Service, you first need to read and accept the terms and conditions on the website. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service.
The service allows you to send a request through YEBO to a TPSP in YEBO network. The TPSP has sole and complete discretion to accept or reject each request for service. If the TPSP accepts a request, YEB Onotifies you and provides information regarding the TPSP – including driver name, vehicle license number – and the ability to contact the TPSP by telephone.
YEBO shall procure reasonable efforts to bring you into contact with a TPSP in order to obtain transportation service, subject to the availability of TPSP in or around your location at the moment of your request for transportation services.
For the avoidance of doubt: YEBO on its own does not provide transportation services, and YEBO is not a transportation carrier. It is up to the TPSP to offer transportation services, which may be requested through the use of the Service. YEBO only acts as intermediary between you and the TPSP. The provision of the transportation services by the TPSP to you is therefore subject to the agreement (to be) entered into between you and the TPSP. YEBO shall in no event be made a party to such agreement.
It is your responsibility to check to ensure you download the correct Application for your device. YEBO is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. YEBO reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.By using the Application or the Service, you further agree that:
YEBO reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
YEBO shall, upon receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability of vehicles at the pickup time, which shall be informed to you vide an sms and email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling us at 7708777087 / 0422 2493737. You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation sms/email or failure to inform YEBO of the incorrect details immediately.
You may choose to pay for the transportation services by either of the following two methods:
If you cancel the booking 24 hours prior to the time of journey, YEBO Coins equivalent to the advance amount paid at the time of booking will be credited in your YEBO Cab account within 24 hours.
If cancelled within 24 hours of journey start time, there will be no refund.
However, the above list is not exhaustive in nature and you may receive additional and different messages from YEBO. You hereby understand, agree and give consent to the receipt of such messages from YEBO.
Smoking and drinking are absolutely prohibited inside the Vehicles. You shall be liable to pay to additional fees if the driver of the Vehicle complains to us about the same. You shall also not misbehave with the driver of the Vehicle. You shall also be liable to pay the fees as set out during booking/reservation. In the event you fail to pay fees after the completion of the trip, we may at our discretion, take such steps as may be available to us under law. You shall also be blacklisted as a result of non-payment of fees or misbehaving as the case may be and you shall not be eligible to avail of our Services in future. CUSTOMER RELATIONSHIP MANAGEMENT All issues, opinions, suggestions, questions and feedback while availing our Services may be communicated to us by email at [email protected] . This is the official and only channel for redress-al of any customer issue.
Reporting of any issue needs to be within 7 days of the happening of the issue, failing which, such issue will not be addressed.
Any issue reported on channels other than the above may be addressed by YEBOonly on a best-effort basis. YEBO takes no liability for inability to get back on other channels.
YEBO shall respond to your issues within 2 working days of your reporting the same. YEBO shall endeavour to resolve the same within 10 working days. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, YEBO shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.
By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold YEBO, its affiliates, its license’s, 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 TPSPs arranged via the Application, Website or through our call center or (c) your use or misuse of the Application or Service.
The information, recommendations and/or Services provided to you on or through the Website, the Application and by our call centre is for general information purposes only and does not constitute advice. YEBOwill 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.
YEBO shall not be liable for missing trains/flights/events etc as the Service is dependent on many factors not in our control. You must book YEBO by taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
YEBO will not be responsible for any delays and also if you are not ready at the time of arrival of the cab. It is hereby clarified that YEBOis only a facilitator and shall in no event be made liable for any delays or any losses suffered by you due to such delay.
YEBO shall not be liable for any damages resulting from the use of or inability to use the channels of booking, including damages caused by wrong usage of website URL, error in call centre number, network issues, 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 YEBO.
YEBO 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, or e-mail/sms communication 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.
YEBO shall not be liable for any loss / damages caused due to use of any devices installed in the cab and you will be solely responsible for the same.
You shall take full responsibility of your items and luggage. In case of lost items inside the Vehicle during the journey, YEBO will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If you leave any goods in the taxi or have any complaint in respect of the Services or the use of the taxi, you have to inform YEBO of the same in writing within 24 (twenty four) hours of using the taxi or the services of YEBO. In the event it is found, the same may be collected from the YEBO office located in Noida or other authorised office (as updated from time to time on our website) within (three) working days from the date you were informed. YEBO however shall not be responsible for delivering the same back to you. If requested, YEBO may deliver the misplaced item/s back to you after 3 (three) working days from the date you were informed, subject to the place of delivery being [20] kms from the YEBO office. YEBO shall charge you a flat fee of Rs. 500/- for such delivery. YEBO 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 YEBO or your and /or the person whose number has been provided for booking.
YEBO 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 shall be used for planning a meeting and/or any other purpose. YEBO shall not be responsible for any delay on account of such situations and information provided is only for sending the SMS about the cab location and trip.
YEBO does not assure a complete sustainability of its Service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner.
YEBO shall not be responsible for any loss of communication / information of status update & benefits under the program. All this information will be send on mobile number &/or email ID registered with YEBO. YEBO will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation.
IN NO EVENT SHALL YEBO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEBSITE’S SERVICES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF YEBO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO ACCESS THIS WEBSITE OR APPLICATION, AVAIL OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, OBTAINED THROUGH THIS WEBSITE OR APPLICATION OR ANY OTHER EXTERNAL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YEBOOR ANY OF YEBO’s SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YEBO AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 5000/- (Rupees Five thousand).
For the purpose of this User Term, the following definitions apply: “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials owned or used by YEBO, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party.
“User” means a person who accesses or uses the Service or Application, in this case, you Subject to your compliance with these User Terms, YEBO grants you a limited, non-exclusive, non- transferable license: to view, download and print any content solely for your personal and non- commercial purposes; and You have no right to sub-license the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Content, except as expressly permitted in these User Terms.
Subject to your compliance with these User Terms, YEBO 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, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
(ii) modify or make derivative works based upon the Service or Application;
(iii) create Internet “links” to the Service or “frame” or “mirror” any 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 Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or 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 Service or Application.
You shall not:
(i) send spam, duplicate or unsolicited messages in violation of applicable laws;
(ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violate third party privacy rights;
(iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(iv) interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
(v) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
YEBO will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. YEBO may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that YEBO has no obligation to monitor your access to or use of the Website, Service, Application or Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. YEBO reserves the right, at any time and without prior notice, to remove or disable access to any Content that YEBO, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
YEBO alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
During the use of the Website, the Application and the Service, 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 the Service and are beyond YEBO’s control.
During use of the Website, the Application and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of TPSPs, advertis.