Subscription
Agreement
This agreement is between KRISP Hospitality
Private Limited (the “Company”, “we”). A company incorporated under the company
act 1956. Having its registered office at Office No.102, Sai Empire, Near ICICI
Bank above Great Punjab Hotel, Baner Road, Pune-411045. Party of first part.
And
The mobile application users i.e. the passenger
who are to use the service by use of mobile application Party of second part.
And
Third party service provider i.e. the
Driver or owner of the cab who provide third party service. Party of the third
part.
1. Preamble:
The following sets forth the general
terms and conditions (the “Terms”) between KRISP Hospitality Private Limited.
(“KRISP") and mobile application users i.e. passengers through mobile
application (the “application”) and through web site https://krispindia.in
website”) of the services, features,
content, applications or widgets offered by KRISP (collectively with the site, the
"Service"). By using the KRISP Website and the KRISP application (the
“KRISP App”) and/or the Services, features, content, applications or widgets
offered by KRISP, you agree to be bound by these Terms. PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THE SERVICES These Terms supersede any and all prior oral and
written quotations, communications, agreements and understandings of the
parties in respect of the use of the Services.
Definition:
a) "Account" shall mean the account created by
the Customer on the Application for availing the Services provided by Krisp
Cabs.
b) "Additional Fee" shall mean any toll
duty, inter-state taxes, etc. as may not be included in the Fare but payable to
any third party / government authorities for undertaking the Ride under
Applicable Law
c) "Application" shall mean the mobile
application "Krisp" updated by Krisp Cabs from time
to time.
d) "Cancellation
Fee" shall
mean the fare and Convenience Fee payable towards cancellation of a Ride by a
Customer. The Cancellation Fee shall be exclusive of all applicable taxes on
the Cancellation Fee, if any.
e) "Customer/
You/ Your" means a person who has
an Account on the Application.
f) "Driver" shall mean and include such
individuals as may be evaluated, appointed and trained by an operator
associated with us to provide the transportation services.
g) "Fare" shall
mean such amount in Indian Rupees, which is reflected on the Application, as
the fare payable for the specific Ride performed by a Driver. The Fare shall be
exclusive of all applicable taxes on the Fare, if any.
h) "E-Wallet" shall mean a pre-paid instrument,
which can be used to make payments
i)
"Ride" shall mean the travel
in the Vehicle by the Customer facilitated through the Site.
j) "Krisp Cabs" or "us" or "we" or "our" shall
mean Krisp Hospitality Private Limited, a company incorporated under the
provisions of the Companies Act, 1956 and having its corporate office at Sai
Empire, Office No. 102, 2nd floor, 182/1/2, Above Great Punjab
Hotel, Near ICICI Bank, Baner Pune – 411045. Which expression shall, unless it
be repugnant to the context or meaning thereof, be deemed to mean and include
all its successors, affiliates and permitted assigns.
k) "Service(s)" means the facilitation of
transportation service by Krisp through the Application or via a telephone
request at the Call Centre of Krisp, or booking on the Site, within the City of
Operation
2.
Description of the Services: KRISP provides the KRISP -App application for
internet-enabled portable devices (“Smartphones”) via which users can access
and order cabs services in various locations, subject to availability at the
location of the user. All use of the Services
is subject to these Terms. The Services are offered to you are paid service,
The term “Paid” does not in any way affect your obligation to pay the fare for
any cab transportation services ordered via the Service but refers only to your
use of the Service in order to obtain such transportation services. Depending
on your location and applicable law and/or regulations, KRISP may also offer
you the possibility of paying your cab fare electronically via the KRISP -App
installed on your Smartphone. Separate terms and conditions, which follow these
Terms, apply to KRISP Payment transactions.
3.
Disclaimer: KRISP DOES NOT
PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER OR CABS
COMPANY. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION
SERVICES WHICH MAY BE ORDERED AND SCHEDULED THROUGH USE OF THE KRISP -APP. KRISP
OFFERS INFORMATION AND A METHOD TO OBTAIN CABS FOR TRANSPORTATION. KRISP HAS NO RESPONSIBILITY OR LIABILITY FOR
ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY CABS DRIVERS AND/OR
CABS COMPANIES. CABS DRIVERS THAT USE THE SERVICE AND THE KRISP -APP TO OBTAIN
FARES ARE NOT EMPLOYEES, AGENTS OR AFFILIATES OF KRISP. KRISP TAKES NO
RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF CABS
DRIVERS WHO USE THE KRISP -APP. THE QUALITY
OF THE TRANSPORTATION SERVICES ORDERED THROUGH THE USE OF THE SERVICES AND THE KRISP
-APP IS ENTIRELY THE RESPONSIBILITY OF THE CABS DRIVER OR CABS COMPANY
PROVIDING SUCH TRANSPORTATION SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE,
THEREFORE, THAT BY USING THE KRISP -APP YOU MAY BE EXPOSED TO TRANSPORTATION
THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR
OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
4. Acceptance of Terms:
By registering for and/or using the Service in any manner, including but not
limited to visiting or browsing the Site, you agree to all of the terms and
conditions contained herein ("Terms of Use") and all other operating
rules, policies and procedures that may be published from time to time on the
Site by KRISP, each of which is incorporated by reference and each of which may
be updated by KRISP from time to time without notice to you in accordance with
the terms set out under the "Modification of Terms of Use" section
below. In addition, some services offered through the Service may be subject to
additional terms and conditions specified by KRISP from time to time; your use
of such services is subject to those additional terms and conditions, which are
incorporated into these Terms of Use by reference.
5. Registration In order to use the
Service: You are required to register with KRISP and
represent, warrant and covenant that you provide KRISP with accurate, truthful,
and complete registration information (including, but not limited to your first
and last name, address, telephone number, e-mail address, a user name and a
password you will use to access the Service) and to keep your registration
information accurate and up-to-date. Failure to do so shall constitute a breach
of these Terms of Use, which may result in immediate termination of your KRISP
account. You are solely responsible and liable for activity that occurs on your
account and shall be responsible for maintaining the confidentiality of your KRISP
password. You will immediately notify KRISP in writing of any unauthorized use
of your account, or other account related security breach of which you are
aware. You represent and warrant that if you are an individual, you are of
legal age to form a binding contract, or that if you are registering on behalf
of an entity, that you are authorized to enter into, and bind the entity to,
these Terms of Use and register for the Service. The Service is not available
to individuals who are younger than 18 years old. KRISP may, in its sole
discretion, refuse to offer the Service to any person or entity and change its
eligibility criteria at any time. You are solely responsible for ensuring that
these Terms of Use are in compliance with all laws, rules and regulations
applicable to you and the right to access the Service is revoked where these
Terms of Use or use of the Service is prohibited and, in such circumstances,
you agree not to use or access the Site or Services in any way. Access to the KRISP
Service Subject to these Terms of Use, KRISP may offer to provide the Services,
as described more fully on the Site, and which are selected by you, solely for
your own use, and not for the use or benefit of any third party. Services shall
include, but not be limited to, any services KRISP performs for you, any
applications or widgets offered by KRISP that you download from the Site or,
subject to the terms set out under the "Third party Sites and
Services" section below, from third party application stores (e.g.,
iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by
KRISP, as well as the offering of any materials displayed or performed on or
through the Services.
Booking: If a booking request is accepted by a Provider,
You will receive a confirmation via e-mail, SMS or other notification systems
at your registered e-mail address or phone. 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 any incorrect detail
then you will correct it / update it through application.
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 or email or failure to inform
Krisp Cabs of the incorrect details immediately.
6.
KRISP Content: The Service
contains Content specifically provided by KRISP or its partners and such
Content is protected by copyrights, trademarks, service marks, patents, trade
secrets or other proprietary rights and laws, as applicable. You shall abide by
and maintain all copyright notices, information, and restrictions contained in
any Content accessed through the Service. Subject to these Terms of Use, KRISP
grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicense
able and non-transferable license to use, modify and reproduce the Content,
solely for personal, non-commercial use. Use, reproduction, modification,
distribution or storage of any Content for other than personal, non-commercial
use is expressly prohibited without prior written permission from KRISP, or from the copyright holder identified
in such Content's copyright notice, as applicable. You shall not sell, license,
rent, or otherwise use or exploit any Content for commercial (whether or not
for profit) use or in any way that violates any third party right.
7. Third Party Sites and Services:
The Service may permit you to link to other websites, services or resources on
the Internet, and other websites, services or resources may contain links to
the Site. When you access third party websites, you do so at your own risk.
These other websites are not under KRISP's
control, and you acknowledge that KRISP
is not responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such websites or resources. The
inclusion of any such link does not imply endorsement by KRISP or any
association with its operators. You further acknowledge and agree that KRISP
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use of or
reliance on any such Content, goods or services available on or through any
such website or resource.
8. Termination: KRISP 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.
9. Warranty Disclaimer:
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED
HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KRISP EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. KRISP MAKES NO WARRANTY THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY AND SECURE OR ERROR FREE. KRISP, AND ITS DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE
AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR
REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS
SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.
Indemnification: You shall
defend, indemnify, and hold harmless KRISP,
its affiliates and each of its, and its affiliates employees, contractors,
directors, suppliers and representatives from all losses, costs, actions,
claims, damages, expenses (including reasonable legal costs) or liabilities,
that arise from or relate to your use or misuse of, or access to, the Service,
violation of these Terms, or infringement by you, or any third party using the
your account, of any intellectual property or other right of any person or entity
(save to the extent that a court of competent jurisdiction holds that such
claim arose due to an act or omission of
KRISP). KRISP reserves the right
to assume the exclusive defences and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate with KRISP
in asserting any available defences.
11. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED UNDER LAW, KRISP WILL HAVE NO OBLIGATION OR
LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA,
REVENUE OR PROFIT) ARISING WITH RESPECT TO THE SERVICES, EVEN IF KRISP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS SHALL BE
DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY
YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KRISP’S LIABILITY WILL BE
LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.
Rules and Conduct: As a
condition of use, you promise not to use the Service for any purpose that is
prohibited by these Terms of Use. You are responsible for all of your activity
in connection with the Service. Additionally, you shall abide by all applicable
local, state, national and international laws and regulations and, if you
represent a business, any advertising, marketing, privacy, or other
self-regulatory code(s) applicable to your industry. You shall not (directly or
indirectly): take any action that imposes or may impose (as determined by KRISP in its sole discretion) an unreasonable
or disproportionately large load on KRISP's
(or its third party providers') infrastructure; interfere or attempt to
interfere with the proper working of the Service or any activities conducted on
the Service; bypass any measures KRISP
may use to prevent or restrict access to the Service (or other accounts,
computer systems or networks connected to the Service); use manual or automated
software, devices, or other processes to "crawl" or
"spider" any page of the Site; modify, adapt, appropriate, reproduce,
distribute, translate, create derivative works or adaptations of, publicly
display, republish, repurpose, sell, trade, or in any way exploit the Service
or Site Content, except as expressly authorized by KRISP; decipher, decompile, disassemble,
reverse engineer or otherwise attempt to derive any source code or underlying
ideas or algorithms of any part of the Service (including without limitation
any application or widget), except to the limited extent applicable laws
specifically prohibit such restriction; copy, rent, lease, distribute, or
otherwise transfer any of the rights that you receive hereunder; otherwise take
any action in violation of KRISP's
guidelines and policies. KRISP reserves
the right to access, read, preserve, and disclose any information as KRISP
reasonably believes is necessary to
(i) Satisfy any applicable law,
regulation, legal process or governmental request,
(ii) Enforce these Terms, including
investigation of potential violations hereof
(iii) Detect, prevent, or otherwise
address fraud, security or technical issues,
(iv) Respond to user support requests,
or
(v) Protect the rights, property or
safety of KRISP, its users and the public.
13.
Evaluations As part of the Service:
You may evaluate the driver and the condition of the Cab you ordered through
the Service. You agree that all such
evaluations will be objective and fair.
You acknowledge and agree that your evaluations may be published on the KRISP-App
and that such evaluations may be accessible to other users of the
Services. To the fullest extent
permitted by applicable law or regulation, you hereby waive any and all
intellectual property and privacy rights you may have with respect to the
publication of your evaluations.
14.
Responsibility for Contents: The sole responsibility for the
content published and transmitted in the KRISP-App or on the Site lies with the
person or persons publishing the same. All such content shall comply with legal
and statutory requirements and in accordance with the requirements of decorum
and objectivity. If any publications breach the above-mentioned regulations, KRISP
shall be authorized to delete same immediately.
15.
Governing Law: You and KRISP
agree that any cause of action arising out of or related to the Service must
commence within one (1) day after the cause of action arose; otherwise, such
cause of action is permanently barred. Any conflicts or dispute arise for all
purposes of these Terms of Use, the parties consent to exclusive jurisdiction
and venue in the courts located in Pune.
16.
Integration and Severability:
These Terms of Use are the entire agreement between you and KRISP with respect to the Service and use of
the Site, Service, Content, User Submissions or Add-to Link, and supersede all
prior or contemporaneous communications and proposals (whether oral, written or
electronic) between you and KRISP with
respect to the Site. If any provision of these Terms of Use is found to be unenforceable
or invalid, that provision will be limited or eliminated to the minimum extent
necessary so that these Terms of Use will otherwise remain in full force and
effect and enforceable. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any further
rights hereunder. Waiver of compliance in any particular instance does not mean
that we will waive compliance in the future. In order for any waiver of
compliance with these Terms of Use to be binding, KRISP must provide you with
written notice of such waiver through one of its authorized representatives.
17.
Copyrighted Material, Application and Trademark Information: KRISP’s product names, service names, slogans
or logos referenced on KRISP’s websites and/or in the KRISP-App are trademarks
or registered trademarks of KRISP. All other company, product or service names
are used for identification purposes only and are trademarks of their
respective owners. All of the information, content, and materials offered by KRISP
are protected by copyright and other applicable laws of the United States and
other countries. Drivers may not copy, publicly display, modify or distribute
such material without KRISP’s or the copyright owner’s prior written consent.
Drivers may use these materials pursuant to these Terms and subject to the
restrictions set forth herein, so long as they do not modify the materials or
remove any copyright or any proprietary rights notices contained therein or
thereon. All right, title and interest in and to the KRISP-App and the Services
is and will remain the exclusive property of KRISP and its licensors. The
Application is protected by copyright, trademark and other laws of India.
18. Relationship of the Parties:
KRISP and you are independent contracting parties and nothing in these Terms
shall make either party the agent or legal representative of the other for any
purpose whatsoever, nor does it grant either party any authority to assume or
to create any obligation on behalf of or in the name of the other party.
19. Miscellaneous Severability:
If any part of this Agreement is held to be invalid or unenforceable, the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision most closely matching the intent of the original
provision and the remainder of the Terms will continue in effect.
Amendments. KRISP reserves the right to
change these Terms from time to time. Please refer to the Site periodically for
any changes. By continuing to access or use the Service after KRISP makes any
such changes, the Driver agrees to be bound by the revised Terms. The general
terms and conditions may be consulted at any time online at https://krispindia.in
or in the Application itself on the Terminal Device. Entirety. This agreement
shall constitute the complete and exclusive agreement between KRISP and the
Driver. The use of the KRISP-App is expressly made conditional on the Driver’s
your consent to these Terms. No Waiver.
The failure of KRISP to enforce any right or provision of these Terms will not
be deemed a waiver of such right or provision.
Force Majeure. Neither party shall be liable for any failure to perform
its obligations under these Terms where such failure is as a result of acts of
nature (including fire, flood, earthquake, storm, hurricane or other natural
disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization,
government sanction, blockage, embargo, labour dispute, strike, lockout or
interruption or failure of electricity, telephone or internet service.
20.
You may contact KRISP at the following address: [email protected] Terms
and Conditions for Https://krispindia.in™ Preamble
21. Following payment terms and
conditions (the “Payment Terms”):
The “Payment Terms” Apply in
addition to the General Terms and Conditions (the “Terms”) separately agreed
between the parties. In case of a
conflict between these Terms and the Terms, the provisions of these Terms shall
prevail. Defined terms used in these Payment Terms have the same meanings
assigned to them in the Terms.
a)
Cash payment: Cash payment towards the Total
Ride Fee after the completion of Ride can be made to the Drive.
b)
E-Wallet payment: Krisp Cabs 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 Krisp Cabs engages for the purpose. Krisp Cabs 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.
c) Credit Card/ Debit Card/ Net Banking
Payment: Total
Ride Fee shall be effected using the services of an entity providing payment
gateway/processor services, authorized by Krisp Cabs. Such payment gateway may
either be Krisp Cabs 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 payment gateway for the
successful completion of payment towards Total Ride Fee to Krisp Cabs. In this
respect, it is clarified that all payment gateway’s whose services are utilized
for the Krisp Cabs of the Site and/or Application and/or Services shall be
PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization
further permits the payment gateway to use Your Card Details for the processing
of transactions initiated by you at any of Krisp Cab’s affiliates. In the event
you delete Your Card Details with the payment gateway or if you delete Your
Account, the payment gateway will not process any further transactions
initiated by you at the Site or Application and at the sites of any of Krisp
Cab’s affiliates. Your authorization under this clause is subject to any other
terms and conditions of the payment gateway.
Krisp cabs shall not be
responsible for any payment related issue due to an internet connection or
network issues.
22. Outstation
1)
We have
one way trip and Round trip options are available.
2)
Outstation
booking should be done 30-45 minutes in advance3/prior.
3)
Pick-up
will be done within 5 Km.
4)
Once
the ride is confirmed by you then only driver will come for the pick-up.
5)
Toll/
Extra kilometers will be charged to the customer.
6)
No
coupons will be applied.
7)
Cancellation
fee will be charged 30% on actual fare.
(It may vary according to the situation)
23.
Rental
1)
Rental option will be available within city upto 40KMS range.
2)
If exceeded then extra charges will be applied and it will be considered as
outstation ride.
3)
Toll/ Cantonment Charges should be paid by the customer.
4)
No coupons will be applied.
5)
Cancellation fee will be charged 20% on the actual price (Rental Package)
to the Customer. (It may vary according to the situation)
24.
Insurance: The Company isn't insured for loss or damage
sustained during the ride and you are responsible to unsure goods, for any loss
or damage, for the trip.
25. Cancellation of ride: Cancellation can be done through app by login
to the customer app by clicking on cancel request. In case if application is
not working in that situation you can contact us.
In
Micro/Mini/Prime/Sedan/SUV/Luxury/Rental and outstation categories,
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 15 minutes
•
Notwithstanding the foregoing, if the Driver is delayed by more than (15)
minutes to pick You, You will not be charged any Cancellation Fee.
The
mode of payment of the Cancellation Fee shall be in (terms of cash /card/ net
banking)
The
Cancellation Fee shall be payable by you at the completion of ride/next
ride/wallet
26. Peak hour charges: Krisp Cabs applies an X
multiplier or flat surcharge to the normal fare based on various situations and
scenarios like place of pickup, time of pickup, type of vehicle, demand
situation, supply scenario etc. This enables customers to get their much needed
service even during peak times when demand for cabs is high.
27. Refund policy: The refunds will be made by online transfer
only and not by cash. The amount will be refunded approximately within 7
business days (Amount will be refunded based on the Specific Situations).
28.
Miscellaneous Severability: If
any part of this Agreement is held to be invalid or unenforceable, the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision most closely matching the intent of the original provision and the
remainder of the Payment Terms will continue in effect. Amendments. KRISP reserves the right to change these
Payment Terms from time to time. Please refer to the KRISP website periodically
for any changes. By continuing to access or use the Service after KRISP makes
any such changes, you agree to be bound by the revised Payment Terms. The
general terms and conditions may be consulted at any time online at https://krispindia.in
or in the Application itself on the Terminal Device. Entirety. This agreement shall constitute the
complete and exclusive agreement between KRISP and you. The use of the KRISP-App
in connection with Https://krispindia.in is expressly made conditional on your
consent to these Payment Terms. No Waiver. The failure of KRISP to enforce any
right or provision of these Payment Terms will not be deemed a waiver of such
right or provision.
29. Website privacy policy: This
privacy policy provides users with information about the nature, scope, and
purpose of the collection and use of personal data by the responsible entity on
this Website.
KRISP
attaches great importance to the protection of their user’s personal data. All
personal information (title, name, address, e-mail address, telephone number,
and locations) submitted by users is collected, stored, and processed
exclusively in accordance with the country-specific legal provisions concerning
data protection.
30.
Server log files: For
technical reasons, each time you access the Website, KRISP or its web-space
provider collects the
• Name
of the Website accessed
• Time
• Date
• Browser
type and operating system used
• Page
previously visited
• IP
address
This data is stored for prosecution
purposes in the event of illegal activities, and may also be used for
statistical analyses for the optimization of our Website.
a)
Cookies
Cookies are
small text files that enable the recognition of a specific device. They are
primarily used to optimize ease-of-use and our Website’s offering. Users can
delete cookies in their browser settings and prevent their storage in the
future; however, they may not be able to use the full functionality of KRISP
b)
Online
Booking
After prior
registration, users can book a cab via KRISP Website. Personal data must be
collected here in order to provide the service. The nature, scope, and purpose
of the collection and use of this data is governed by the privacy policy for
the KRISP booking service.
c)
Contact
KRISP Website
offers its users the option of contacting KRISP via e-mail (optionally via a
contact form), telephone, or similar. In this case, information provided by the
user is stored for the further processing of queries. This information is not
passed on to third parties.
d)
Blog
KRISP Website incorporates
a blog, on which users can post their comments. For our security, we save the
IP addresses of any users posting comments, in order to identify the author in
the event of inappropriate comments. This is in the interest of KRISP, since
the company itself may be held responsible for any such comments.
e)
Third-party
Offers
Third-party
offers (e.g. YouTube videos) may be included on KRISP Website, whereby the
user’s IP address will be transmitted to the third-party provider for technical
reasons. We have no influence over how third-party providers store this data.
Clarification can be provided only where KRISP has this information itself.
f)
Disclosure,
Revocation, and Deletion
The user has the
right to receive free of charge any information about the collection,
processing, or use of personal data that is stored about them, and to request
the correction, blocking, or deletion of this data, insofar as there is no
legal obligation to retain such data.
(As of July 2014)
Ø Terms and Conditions for KRISP
Payment™
i)
Preamble
The following
terms and conditions (the “Payment Terms”) apply in addition to the General
Terms and Conditions (the “Terms”) separately agreed between the parties. In case of a conflict between these Terms and
the Terms, the provisions of these Terms shall prevail.
Defined terms used in these Payment
Terms have the same meanings assigned to them in the Terms.
KRISP offers you the possibility of
settling certain fares procured via the Service via direct electronic payment. A precondition to use KRISP Payment is that
the cabs driver has also agreed to participate in the KRISP Payment service. Payment may be made via the KRISP-App per
electronic direct debit system, credit card charge, PayPal or other payment
methods (collectively hereinafter "KRISP Payment").
ii)
Subject
Matter
Subject of these
Payment Terms is the performance of transportation services via cabs and
electronic payments via KRISP Payments, assuming that you have chosen to pay
for the fare via KRISP Payment at the time you placed the order for
transportation services by cabs via the KRISP-App. Any cabs transportation that is paid for via KRISP
Payments is hereinafter referred to as a “KRISP Payment Ride.”
In order to use KRISP Payment, you must
choose an individual identification code (PIN) at the time you register for KRISP
Payment via the Site or the KRISP-App.
When registering, you shall determine
the manner by which payment shall be made.
Available payment methods are direct debit, credit/debit card and/or
PayPal. The choice of payment method may
be changed at any time by you via the Site or the KRISP-App. In the event you have provided KRISP with
several alternative payment methods, you will be able to choose which payment method
you wish to use for each KRISP Payment Ride prior to authorizing payment.
KRISP
reserves the right to offer different payment methods or stop offering any
payment method at any time for any reason or for no reason.
When relaying a transportation request, KRISP
informs participating cabs drivers that the request is for a KRISP Payment
ride. Cabs drivers who do not
participate in KRISP Payment will not be eligible to accept requests for KRISP
Payment Rides.
31.
Term and Termination: This
Agreement shall commence upon acceptance your application to participate in KRISP
Payment and shall be remain in effect indefinitely until terminated in
accordance with the provisions.
The agreement may by either party at any
time, with or without reasons by written notice.
After termination of this Agreement, you
shall no longer be able to order KRISP Payment Rides. However, you will still be able to order cabs
via the KRISP-App, for which payment is then made directly to the cabs
driver. Notwithstanding the termination
of this agreement, all unsettled claims for payment you authorized will be paid
out to the cabs driver or Cabs Company that provided you with any KRISP Payment
Ride prior to termination
32.
Limitation of Liability: For purposes of this Section, "KRISP"
shall include KRISP and its divisions, subsidiaries, successors, parent
companies, and their employees, partners, principals, agents and
representatives, and any third-party providers or sources of information or
data.
TO THE FULLEST EXTENT PERMITTED UNDER
LAW, KRISP WILL HAVE NO OBLIGATION OR
LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE
OR PROFIT) ARISING WITH RESPECT TO THE CABS DRIVER/CABS COMPANY’S OR ANY
DRIVER’S USE OF THE MY CABS PAYMENT SERVICES, EVEN IF KRISP HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES THE CABS DRIVER/CABS
COMPANY SPECIFIC LEGAL RIGHTS, AND THE CABS DRIVER/CABS COMPANY MAY HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE.
33. Relationship of the Parties: KRISP
and Cabs Driver/Cabs Company are independent contracting parties and nothing in
these Payment Terms shall make either party the agent or legal representative
of the other for any purpose whatsoever, nor does it grant either party any
authority to assume or to create any obligation on behalf of or in the name of
the other party.
34.
Severability: If any part of
this Agreement is held to be invalid or unenforceable, the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision most closely matching the intent of the original provision and the
remainder of the Payment Terms will continue in effect.
35.
Amendments: KRISP reserves the right to change these Payment Terms from
time to time. Please refer to the KRISP website periodically for any changes.
By continuing to access or use the Service after KRISP makes any such changes,
you agree to be bound by the revised Payment Terms. The general terms and
conditions may be consulted at any time online at https://krispindia.in or in the Application itself
on the Terminal Device.