This website (InstaCar.in) is published and maintained by InstaCar Technologies Private Limited, a company incorporated under the Companies Act, 2013. When you access, browse, use or book cab/tempo etc. on this Site you accept, without limitation and/or qualification, the terms and conditions set forth below and other related policies described on this site. When you access any sub-site (whether belonging to an `associate` of InstaCar or otherwise) through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site. Sub-sites may contain such additional terms and conditions of use as may be set out in such sub-site. These Terms and Conditions of Use and any additional terms/policies posted on this site together constitute the entire agreement between InstaCar and you (client) with respect to your use of this Site.
Site and its Contents
This is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from the site, including but not limited to the text, audio, video and images for any commercial or business purpose. As long as you comply with the the Terms and Conditions of Use, InstaCar grants you a non-exclusive, non-transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
To become a registered user you may be required to answer certain questions (mandatory or optional). You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by InstaCar.in or otherwise. By displaying them on this Site, InstaCar.in is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download such copy/copies of the Content to be used only by you for your personal use at home unless the sub-site you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.
In case you send any communications or materials to the Site by electronic mail or otherwise, such communications are, and will be treated by InstaCar, as non-confidential. You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way InstaCar uses such material.
If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefore as may be required by law;
- Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- Falsify the origin or source of software or other material contained in a file that is uploaded;
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
InstaCar.in assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. InstaCar.in may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates InstaCar.in’s policies in any way. InstaCar.in will fully cooperate with any law enforcement authorities or court order requesting or directing InstaCar.in to disclose the identity of anyone posting such materials.
Terms and Conditions for Cab Usage
- The customer shall pay the taxi fare, parking charges, additional night charges (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the taxi Services;
- The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
- The customer shall ensure that he/she will not indulge in any of the following activities while in a taxi:
- Smoking or consuming any kind of intoxicants inside the Taxi. The driver has the right to refuse the pick-up or ask the customer to alight the cab if the customer is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance;
- Littering the Taxi;
- Soiling or damaging the seats and/or any other interiors of the Taxi;
- Misusing, soiling or damaging any of the devices (technical/non-technical) in the taxi;
- Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up or ask such customer(s) to alight from the cab;
- Asking the driver to board more passengers than the seating capacity in the taxi. The driver has the right to refuse such a pick-up or ask such customer(s) to alight from the cab.
- The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. Without prejudice to the above, the Company makes no representation or warranty that:
- The Services will meet the customer’s requirements;
- The Services will be uninterrupted, timely, secure, or error-free.
- The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of taxi service offered by Company or due to the failure of 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 Company or any person or any organization involved in the above mentioned systems.
- The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- If any passenger misses the train or flight or bus, Company will not be liable for any compensation, only customer is responsible for managing his trip/travel timely. The customer shall make an alternate arrangement if the cab has not reached due to any reason.
- The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.
- The Company shall be entitled at any time without giving any reason to terminate the booking of taxis booked by the Customer.
- The Company encourages all its customers to take full responsibility of his/her items. In case of lost items inside the taxi/cab during the journey, Company 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 the Customer leaves 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 Company of the same in writing within 12 hours of using the taxi or the Services of Company.
- The Company shall not be liable for any conduct of the drivers of the taxis. However, the Company encourages you to notify it of any complaints that you may have against the driver of any taxi that you may have hired using the Company’s Services.
- 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 Company’s website at www.InstaCar.in on the date that Company may indicate that such addition, variation or amendment is to come into effect.
- It is expressly made clear to you hereby that the Company does not own any taxis nor does it directly or indirectly employ any drivers for the taxis. Taxis and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the taxis alike.
- The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular Email or SMS updates to the mail ids or mobile numbers registered with it.
The information contained in this website is for general information purposes only. The information is provided by InstaCar and its users and partners; while we try to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk or you may confirm with the Company by making a call to us.
InstaCar.in disclaims all warranties of merchantability, relating to the information and description of the cab/taxi, car rental or any other product or service displayed on this website (including, without limitation, the pricing, photographs, list of amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers/operators. Car or any other ratings displayed on this website are intended as only general guidelines, and InstaCar.in, InstaCar.in Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. InstaCar.in, its Affiliates and their respective suppliers make no guarantees about the availability of specific products and services.
You also acknowledge that through this Site, InstaCar.in merely provides intermediary services in order to facilitate high quality services to you. InstaCar.in is not the last-mile service provider to you and therefore, InstaCar.in shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (taxi/car rental operator, travel/tour operator or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site. InstaCar.in, its Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you might be able to link to other websites which are not under the control of InstaCar. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, InstaCar takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You may travel to certain destinations through certain routes which involve greater risks, entirely at your risk as to the cost and consequences. InstaCar.in requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain destinations through certain routes. By promoting (through discounts and deals) any travel to particular destinations through particular routes, InstaCar.in does not represent or warrant that travel to such point is advisable or without risk. InstaCar.in does not accept liability for damages, losses, or delays that may result from travel to such or any destinations. InstaCar.in, its Affiliates and their respective suppliers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any taxi/car rental operators or other suppliers for any personal injuries, death, property damage, or other damages or expenses resulting there from. InstaCar.in, its Affiliates and their respective suppliers have no liability and will make no refund in the event of any delay, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re–routing or acts of any government or authority.
InstaCar is committed to ensuring that your privacy is protected. If you provide unique identifying information, such as name, address and other information to us, such information may be used for internal record keeping, various statistical and other purposes.
InstaCar.in will not sell, trade or disclose to third parties any information derived from the registration for, or use of, any online service (including names and addresses) without the consent of the user or customer (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the user or others). We will allow suppliers to access the information for purposes of confirming your registration and providing you with benefits you are entitled to. When you register with us, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you. From time to time, we may contact you for market research purposes. We may contact you by email, phone, fax or mail.
We may change this policy from time to time by updating this section. You should check this section from time to time to keep yourself updated with the latest policy. This policy is effective from 4th August 2016.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Cookies help us provide you better service, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies thought your browser setting, this may prevent you from taking full advantage of the website.
You agree to abide by the terms and conditions of purchase imposed by any supplier/operator with whom you elect to deal, including, but not limited to, payment of all amounts when due and with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third–party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your booking(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such booking(s), and/or in InstaCar.in debiting your account for any costs we incur as a result of such violation. No waiver by InstaCar.in of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative. If any dispute arises between you and InstaCar.in during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be Delhi, India. The arbitration proceedings shall be in the English or Hindi language. The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time. These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Delhi, India.