Terms Of Service

A legal disclaimer

Arocabs platform [refer definition 1(d)] is owned by Bossdom Softtech Private Limited, a Partnership Firm, having address at: Flat 26 Wing C, Building M2, Kendriya Vihar Co-op Soc, Moshi, Pune, Khed, Maharashtra, India 412105 (hereinafter referred as ‘Company/Owner’). The company is engaged in the business of providing cab services and parcel delivery to customers.

The purpose of the Arocabs platform is to provide cab services to Drivers and Customers by way of Arocabs various subscription plans. To avail various services available on the Arocabs platform Visitor [refer definition 1(e)] has to become a Registered User [refer definition 1(f)] by providing Mobile Number and OTP.

In order to avail services as a “Customer”, the Visitor has to download ‘ARO’ mobile application from Google Play Store or Apple Play Store. Thereafter, click the Log In/Sign Up Tab the Visitor has to enter his/her mobile number. The Application sent an OTP to the concern mobile number. After providing OTP in the app, Visitor has to file primary details like First Name, Last Name, Aadhar No. etc., of Visitor. By entering these details, the Visitor becomes a Registered User.

The Registered User, after entering the correct details, the Registered User is navigated to Dashboard page which shows that the Registered User is able to access the features like Cab bookings, Pick Up, Parcel Delivery etc. After availing concerned services Registered User has to pay driver concerned services charges directly to the Driver without involvement of Arocabs platform.

By accessing the Arocabs platform, the Visitor or Registered User agrees to abide by and bound by the Terms and Conditions of the Arocabs platform. The Terms and Conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of the Arocabs platform by the Visitor or Registered User. Please read this Agreement carefully. By accessing or logging on the Arocabs platform the Visitor or Registered User accepts the terms and conditions and by default follows the Arocabs platform. The Visitor or Registered User is advised to regularly check for any amendments or updates to the terms and conditions from time to time.

The Owner of the Arocabs platform reserve the right to modify the terms and conditions of the Service Agreement ("Terms of Use") and Disclaimer without any prior notification. The Visitor or Registered User is advised to regularly review the Terms of Service. If the Visitor or Registered User does not agree with any of the Terms and Conditions and any amendments thereto, the Visitor or Registered User must not use the Arocabs platform and/or Services provided by the Owner. These Terms and Conditions constitute a binding legal agreement between the Owner and Visitor /Registered User/s; and govern legal rights, remedies, obligations and various other terms like limitations, jurisdiction, applicable law etc.

The Agreement between the Visitor or Registered User and the Arocabs platform shall be subject to following Terms and Conditions: -

Definitions:

The terms wherever used shall unless contrary, carry the meaning as given under:

“Arocabs website” means the website available at https://www.arocabs.com/.
“ARO Customer App” means ARO mobile application for customer and owned by Arocabs on Google Play Store or Apple iStore.
“ARO Driver App” means the ARO Driver mobile application owned by Arocabs on Google Play Store or Apple iStore.
“Arocabs platform” means and includes the website available at https://www.arocabs.com/ and mobile applications i.e., ARO and ARO Driver owned by Arocabs on Internet and respective stores.
“Visitor” means and includes any person who visits the Arocabs platform to see the various Services available which are displayed and who is not registered on the Arocabs platform.
“Registered User” means and includes any person who is Registered on the Arocabs platform through a mobile phone number for OTP login. Thus, a visitor becomes a Registered User. No Visitor can opt for any plan (free or paid) unless he becomes a Registered User.
“Agreement” means the Terms and Conditions contained herein along with any Privacy Policy of any other website/portals/application whose links are provided on the Arocabs platform. It shall also include reference to this Agreement as and when amended, novated, supplemented varied or replaced.

Eligibility, Registration and Termination:

The Arocabs platform can be accessed by going on https://www.arocabs.com/ or downloaded from Google Play Store or Apple Play Store as required by the Visitor or Registered User. The Arocabs platform can be used/accessed only by persons who can form a legally binding contract under the Indian Contract Act, 1872.
The Registered User agrees that the Information provided by him/her at the time of registration is true, complete, and correct. If the Information details are found not to be true (wholly or partly), the owner has the right in its sole discretion to reject the registration and debar the Registered User from using the Services of the Arocabs platform and/or other affiliated website/applications without prior intimation whatsoever.
The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time, for any reason, without notice, including when a Registered User fails to abide by these Terms and Conditions or any other policy or terms posted anywhere on the Arocabs platform.
The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time if any Registered User -

uploads pornographic contents/photos/videos/links on the platform.
uploads any detrimental or offensive contents/photos/videos/links or offensive comments/photos/videos/links pertaining to religion on the Arocabs platform.
Any content that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation, or is otherwise objectionable.

The Registered User or may be prohibited from creating a new account if he/she has been previously terminated as per the above-mentioned circumstances or for any other reason whatsoever objectionable by the Owner. If any Registered User misuses the details of any other Registered User, then the Owner reserves the right at its sole discretion to terminate that Registered User account and the owner reserves the right at its sole discretion to initiate appropriate legal action against the Registered User(s).
The Registered User is entitled to terminate the agreement at all times by deletion of his/her Account, thus disabling the use by him/she of the Arocabs platform. The Registered User can close his/her Account at any time by following the instructions on the Arocabs platform.
Clauses of Indemnification, Limitation of Liability, Arocabs platform License, Intellectual Property Rights Ownership, Term and Termination, and Applicable Law and Dispute Resolution and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.

Facilities For Visitors:

The facilities for user are as follows-

Browse the Arocabs platform;
Understand about the Owner, the services provided by the Owner; and
Contact the Owner.

Facilities For Registered Users:

The facilities for Registered Users are as follows-

Browse and Login into the Arocabs platform;
To create profile as a customer;
To access services by using the platform;
To receive business news, information etc. by email;
Understand about the owner, to avail features and services provided by the Owner; and
Contact the Owner.

Conduct of Visitor/ Registered Users:

The Visitor or Registered Users accept and agree that he/she is entirely responsible for compliance of all the laws, rules, or regulations etc. that applies to Visitor or Registered User’s use and/or access of the Arocabs platform or Services provide therein.

Use of Contents and Restrictions on Registered User: The Visitor or Registered User agrees:

not to display, upload, modify, publish, transmit, update, share or otherwise make available on the Arocabs platform, any content and/or material that is unlawful, unsolicited including unsolicited messages, e-mails, and/or material which contains viruses, trojans, worms, files or software intended to interrupt, corrupt, destroy, limit the use, access or functionality of the Arocabs platform.
not to display, upload, modify, publish, transmit, update, share or otherwise make available on the Arocabs platform, any content and/or material that is harmful, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, abusive, invasive of another person’s privacy, hateful or racially, ethnically objectionable, disparaging or relating to or encouraging money laundering or gambling etc.
not to display, upload, modify, publish, transmit, update, share or otherwise make available any content and/or material which is in violation of patents, trademark, copyright or any other proprietary rights of other person/people.
The Visitor or Registered User can only access the content available on the Arocabs platform only for his/her purpose and shall not copy/modify/broadcast/share the content on the Arocabs platform for anybody else.

Notification Settings:

A Visitor or Registered User agrees to receive SMS/messages/emails from Owner by way of notifications with respect to user authentication, confirmation of ride, confirmation and/or delivery of parcel/s etc.

Applicable Laws, Jurisdiction and Dispute Resolution:

These terms shall be governed, interpreted, and construed in accordance with the laws of the Republic of India applicable from time to time. 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 Arocabs platform, the Service (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of the Owner as Owner may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by the Owner and the Registered User. The place of the arbitration shall be Pune, Maharashtra, unless otherwise mutually agreed by the Owner and the Registered User. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka, India

Limitation of Liability:

To the fullest extent permissible by law, in no event shall the Owner or its employees, directors, affiliates, group companies or agents be liable for any direct, indirect, special, consequential damages or damages of any other kind incurred by the Visitor or Registered User or any third party arising out of the Visitor’s or Registered User’s access or use or inability to access or use the Arocabs platform and/or its Services. The Information and Services displayed and provided through the Arocabs platform may include inaccuracies. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Arocabs platform.
The Owner shall not be held liable and/or responsible for any fake identity, fake calls, fraud committed through people through the help of the Arocabs platform. In any event, the Owner shall not be held 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 arising out of, or in connection with, the use of the Arocabs platform.
The Visitor or Registered User expressly agrees that the Owner shall not be responsible for the information posted and/or shared by the Visitor or Registered User.
The Visitor or Registered User expressly agrees that Owner shall not be responsible and/or liable for any threatening, defamatory, obscene, unlawful, harmful, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
The Visitor or Registered User specifically agrees that the Owner shall not be held responsible and/or liable for any content/data sent using and/or included on the Arocabs platform or Service by any third party/parties.
The Owner shall not be liable for any damages resulting from the use of or inability to use the Arocabs platform, including damages caused by wrong usage of the Arocabs platform, SMS/email delivery issues, network issues, malware, viruses or any incorrectness or incompleteness of the Information.
The Owner shall not be responsible for any loss of communication/information of status update and benefits. All this information will be sent on mobile number and/or email ID registered with the Owner. The Owner will not be responsible for appropriateness of mobile or email or any other communication medium.
Notwithstanding anything contained herein, in any event, the liability of the financial or otherwise, suffered to the Owner of the Arocabs platform shall be limited to the amount paid by the Registered User and shall not exceed such amount paid by the Registered User.
If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of the Owner shall be the minimum permitted under Applicable Law.

Disclaimer:

Every effort is made to keep the Arocabs platform up and running smoothly. However, the Owner takes no responsibility for, and shall not be held liable for the platform being temporarily unavailable due to technical issues beyond our control.

Arocabs platform is limited to facilitating lead generation and discovery of customers and drivers and linking then to provide services directly.

Registered User agrees that Arocabs platform does not aware about the fare charged to the customers and shall not be liable for any liability arising out of any dispute arising from the same.

Obligations, Duties and Responsibilities of Customer:

The Customer/Registered User expressly agrees not to request or place orders for parcel delivery services involving items that are illegal, hazardous, or dangerous. Such items include, but are not limited to, radioactive, incendiary, corrosive, or flammable substances; hazardous chemicals; explosives; firearms or parts thereof and ammunition; firecrackers; cyanides; precipitates; gold and silver ore; bullion; precious metals and stones; jewelry; semi-precious stones including commercial carbons or industrial diamonds; currency paper or coin of any nationality; securities including stocks and bonds; share certificates and blank signed share transfer forms; coupons; stamps; negotiable instruments in bearer form; cashier’s cheques; travelers’ cheques; money orders; passports; credit/debit/ATM cards; antiques; works of art; lottery tickets and gambling devices; livestock; fish; insects; animals; plants and plant material; human corpses, organs or body parts; blood, urine and other liquid diagnostic specimens; hazardous or bio-medical waste; wet ice; pornographic materials; contraband; bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances; or any other prohibited material under applicable statutes, laws, regulations, or the provisions of these terms. Arocabs Platform shall not be responsible for any such requests or deliveries.

The Customer/Registered User expressly agrees not to request or place orders for items that require a special transportation permit or special license under applicable laws.

The Customer/Registered User shall provide accurate pickup and delivery addresses for the parcel they wish to have delivered, as well as an accurate return address in case the parcel cannot be delivered for any reason.

The Customer/Registered User agrees to pay the service charges for the parcel delivery services upon completion of such services, as displayed on the Arocabs Platform. The Customer/Registered User cannot initiate another parcel delivery service until payment for the previously completed or placed service has been made.

Warranty and Indemnification:

The Arocabs platform is provided by the Owner, on “AS IS” and “AS AVAILABLE” basis without express or implied warranty or condition of any kind. The Visitor or Registered User shall use the Arocabs platform at his/her own risk.

The Arocabs platform disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability. The details and/or information provided by the Owner make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Arocabs platform and/or the information contained on the Arocabs platform for any purpose. Any relation the Visitor or Registered User places on such information are therefore strictly at their own risk.

The Visitor or Registered User agrees that the Owner shall not be held responsible or held liable for any transaction between the Registered User and third-party providers (including payment gateways etc.) of the Arocabs platform or Services provided therein. No advice or information whether oral or in writing received from the Registered User of the Arocabs platform shall create any warranty on behalf of the Owner in this regard. If in case the payment is failed and the money is debited from the Registered User’s account, then the Owner of the Arocabs platform shall not be held responsible.

The Registered User agrees to indemnify, defend, and hold harmless the Owner from any suits, claims, losses, fines, penalties, damages, liabilities, demands, expenses including, but not limited to, reasonable legal expenses and fees arising out of and/or in connection with any violation and/or act and/or omission committed and/or alleged to be committed by the Registered User.

Intellectual Property Rights Ownership:

The Visitor and Registered User acknowledges and accepts that unless otherwise expressly stated, all the content on the Arocabs platform including, but not limited to, images, graphics, photos, sounds, music, videos, software, script, trade names, trademarks, logos, labels, service marks and/or any other proprietary marks are solely owned by the Owner (and its licensors, where applicable).
No information, content or portion uploaded on the Arocabs platform shall be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purposes not expressly permitted by Owner. It is the policy of the Arocabs platform and/or Owner to terminate in its sole discretion, accounts of Registered User or in appropriate circumstances found repeatedly infringing the rights of Owner including but not limited to rights relating to copyright, trademark or other intellectual property rights.
The Arocabs platform, its Services and all the content is protected by copyright, trademark and other relevant laws of India. In case of any violation, the User or Registered User is liable to appropriate legal action.
These User Terms do not constitute a sale and do not convey to the Visitor or Registered User any rights of ownership in or related to the Arocabs platform, or the Service, or any intellectual property rights owned by the Owner. The Visitor or Registered User shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Arocabs platform.
The Visitor or Registered User may use information on the Arocabs platform purposely made available by the Owner for downloading from the Arocabs platform, provided that the You Visitor or Registered User: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for its personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.

Relationship between the Parties:

Registered User by accessing the Arocabs platform can discover customer leads. The Arocabs platform and Registered User are independent legal entities, and nothing contain in this will be construed to create an employer-employee, partnership, joint venture, an association of person, franchise, representative etc., relationship between the Arocabs platform and Registered User.

Contact/Business Enquiry:

Any Visitor/Registered User can view the contact tab which provides the address office of the Company, Email, and contact number. The Arocabs platform also provides an enquiry form. Any visitor who wants to have any business enquire with the Owner shall provide information such as Name, Phone Number, E-mail ID, Pin code, Type of visitor/Registered User and Nature of Business (Trading / Manufacturing/Services), etc. The Registered User further has the option to send message. After filing this enquiry form the authorized team of the Owner will get in touch with the aforesaid Visitor/Registered User.

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Date of Document Release: 15/06/2024

Terms Of Service

A legal disclaimer

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