This Site/ Application/ Services is/are operated /provided by Fiacre Telematics Private Limited.
These terms and conditions (“User Terms”) apply to Your visit to and use, of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND CABSTOP IN RESPECT OF THE USE AND SERVICES OF THE SITE.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
(i) “Account” shall mean the account created by the Customer on the Application for availing the Services provided by CabStop.
(ii) “Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party / government authorities for undertaking the Ride under Applicable Law.
(iii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
(iv) “Application” shall mean the mobile application “CabStop” updated by Fiacre Telematics from time to time.
(v) “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Rider in terms of these User Terms and the Cancellation Terms and Conditions. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
(vi) “City of Operation” shall mean a city in which the Customers avail and render the transportation services respectively. For clarity, the services rendered by the agency/organization/operator and availed by the Riders shall be in the same city.
(vii) “Customer” means a person who pay subscription fee to CabStop.
(viii) “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 on its behalf and persons who are registered with CabStop and own the Vehicles and who have necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
(ix) “E-Wallet/UPI” shall mean a pre-paid instrument, which can be used to make payments.
(x) “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.
(xi) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of CabStop.
(xii) “CabStop” or “us” or “we” or “our” shall mean Fiacre Telematics Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its corporate office at 110/3 M.S. Paul Choudhary Lane, P.O. - Kadamtala, Howrah - 711101, West Bengal, India, 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.
(xiii) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by CabStop from the Rider from time to time for registration on the Application.
(xiv) “Ride” shall mean the travel in the Vehicle by the Rider facilitated through the Site.
(xv) “Service(s)” means the facilitation of transportation service by CabStop through the Application or via a telephone request at the call centre of CabStop, or booking on the Site, within the City of Operation.
(xvi) “Site” shall mean the Application and the website https://www.cabstop.in/ operated by CabStop or any other software that enables the use of the Application or such other URL as may be specifically provided by CabStop.
(xvii) “Substitute Vehicle” shall mean another vehicle arranged for transporting the Rider to his/her destination, in the event of a Vehicle breakdown.
(xviii) “Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
(xix) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
(xx) “Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act,1988.
You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.
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 User Terms due to age, You must abide by such age limits.
3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
3.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), CabStop does not want You to, and You should not, send any confidential or proprietary information to CabStop on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to CabStop other than the Permitted Information will not be considered confidential or proprietary.
3.6 It is Your responsibility to check to ensure that You download the correct application for Your device. We are 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. We reserve 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.
3.7 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at [email protected].
3.8 In case, You are unable to access Your Account, please inform Us at [email protected] and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
4.1. The Site permits you to avail the transportation services offered by CabStop. The Service allows You to send a request through CabStop to a Driver on the CabStop network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, CabStop notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as CabStop may determine.
4.2. CabStop shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
4.3. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide CabStop with such information and documents which CabStop may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the call centre of CabStop, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply; (viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
4.4. CabStop reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, CabStop will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform CabStop on any change in the information provided by You.
4.5. CabStop or an authorised representative of CabStop, shall provide information regarding services, discounts and promotions provided by CabStop to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.
4.6. CABSTOP WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM CABSTOP’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
4.7. You agree to grant CabStop a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT CABSTOP TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
4.8. You agree and permit CabStop to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by CabStop. You hereby expressly consent to receive communications from CabStop/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold CabStop responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
4.9. CabStop will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by CabStop jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
4.10. the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, CabStop on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.
4.11. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site.
4.12. CabStop bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.
5.1. CabStop 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 or 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 our call centre.
5.2. 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 CabStop of the incorrect details immediately.
6.1. CabStop shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of CabStop. The Convenience Fee or Access Fee shall be payable by you to CabStop and shall be informed to you before you begin your ride.
6.2. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
6.3. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
6.4. The Total Ride Fee will be collected by the Driver or CabStop from You at the end of the Ride, as set out in Clause 6.7 below.
6.5. CabStop shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the CabStop for the Fare and Additional Fee, and the Convenience Fee or Access Fee raised by CabStop shall be provided to You on request. You may raise a request for a copy of the invoices from our My Trips page.
6.7. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the CabStop, as the case may be.
6.8. You shall choose to pay for the Service Fee by either of the following three methods: (i) Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver. (ii) E-Wallet/UPI payment: CabStop offers You the facility of making an
online payment through an E-Wallet/UPI powered by a third party payment processor (“Payment Processor”). E-Wallet/UPI 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/UPI will be subject to the terms, conditions, and privacy policies of the Payment Processor that CabStop engages for the purpose. CabStop will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E- Wallet/UPI payments, all Additional Fee (defined below) 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. When You choose to make an E-Wallet/UPI payment, CabStop shall collect the Fare on behalf of the driver who will be responsible for providing the transportation services. (iii) Credit Card: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by CabStop. Such PG may either be CabStop or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to CabStop and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of CabStop’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of CabStop’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
6.9. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. CabStop shall not be responsible for any unauthorized use of Your E-Wallet/UPI during or after availing the Services on the Site.
7.1. You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below: In Small Hatch/Hatchback/Sedan/SUV 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 10 minutes, You will be charged a Cancellation Fee.
7.2. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
7.3. CabStop shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the CabStop for the Cancellation Fee, and CabStop for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from the Support page.
7.4. The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
7.5. The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms.
8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by CabStop.
9.1. Subject to Your compliance with these User Terms, CabStop grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable 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 and to use the Site.
9.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site 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 Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site 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 Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, 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 Site.
9.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of 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 Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
9.4. CabStop will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CabStop may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that CabStop has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site 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. CabStop reserves the right, at any time and without prior notice, to remove or disable access to any content that CabStop, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
10.1. CabStop alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual
property, You need to get permission directly from the owner of the intellectual property for any use.
10.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by CabStop. You 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 Site/ Application.
10.3. You may use information on the Site purposely made available by CabStop for downloading from the Site, provided that You:
(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 Your 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.
11.1. Unless terminated in accordance with this Clause 17, the agreement between CabStop and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
11.2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
11.3. CabStop is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of
these User Terms, or (b) in the opinion of CabStop, misuse the Application or the Service. CabStop is not obliged to give notice of the termination of the agreement in advance. After termination CabStop will give notice thereof in accordance with these User Terms.
11.4. Termination of this agreement will not prejudice accrued rights of either CabStop or You.
11.5. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Site/ Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (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.
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and CabStop, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
14.1. You agree that CabStop is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. CabStop does not endorse, advertise, advise or recommend You to avail the Services of any Driver. CabStop also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
14.2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
14.3. CabStop and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance
upon the Service or the information contained upon the Site (whether arising from CabStop or any other person's negligence or otherwise).
14.4. This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that CabStop shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
14.5. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
14.6. CabStop is not engaged in the insurance business and does not provide any insurance services. CabStop has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from insurance companies, whereby CabStop is acting as the group manager of the policy. CabStop does not guarantee or make any promise in relation to the insurance policy/ insurance company, including but not limited to any benefits from use of the insurance services provided by the insurance companies, such as coverage, claims and settlements. Any claim or servicing of insurance policies, raised through the Application, remains a matter between the Customer and the insurance company, and CabStop shall not be responsible for the actions of the insurance company or the Customer. It is to be noted that the insurance policy number, claim certificate, invoice for the insurance premium/ fee collected from the Customer is not be issued by CabStop, but will be issued by the respective insurance company. Any issues in receiving tax invoices or issues faced in claiming the insurance are not the responsibility of CabStop. CabStop disclaims all and all liability in relation to the services of the insurance company. Please reach out to the insurance company in case of any questions/ issues.
15.1. CabStop reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
15.2. CabStop shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when CabStop last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. CabStop may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
16.1. CabStop may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in CabStop’s account information.
16.2. You may contact CabStop by electronic mail at Our email address [email protected] or by written communication sent by regular mail to Our address at 110/3 M.S. Paul Choudhary Lane, P.O. - Kadamtala, Howrah - 711101, West Bengal, India
17.1. You shall not assign Your rights under these User Terms without prior written approval of CabStop. CabStop can assign its rights under the User Terms to any affiliate.
These User Terms are subject to the laws of India. 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 Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of CabStop as CabStop 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 CabStop and You. The place of the arbitration shall be Kolkata, West Bengal, unless otherwise mutually agreed by CabStop and You in writing. Subject
to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Kolkata, India.
CabStop a division of Fiacre Telematics Private Limited, a DIPP registered startup company entered into the Mobility & Automotive Telematics segment to provide affordable, hasslefree app cab services & next gen security to rider and driver.
Friendly interface and easy navigation.
Preliminary estimated calculation of cost for the trip.
Cash & in-app payment (Card, UPI, Wallet) option.
Ability to select cab type on the map in real time, track and contact driver over phone.
Polite and experience driver
Pay only for distance and time consume.
No surcharge & dynamic fare.
KEONICS, #29/A (E), 27th Main, 7th Cross Rd, 1st Sector, HSR Layout, Bengaluru, Karnataka 560102
Email:[email protected] Phone: +91-9674539293
Fiacre Telematics Pvt Ltd
Registered office: 110/3 M.S. Paul Choudhury Lane, PO- Kadamtala, Bantra, Howrah, West Bengal- 711101
Corporate Identification Number- U74999WB2016PTC218422
Fiacre Telematics Pvt Ltd: (the “Company”, “we”, “CabStop”, “us”)
Passenger: ]“You”, “your”, “user(s)”]
Driver: [“You, ‘” your”, “the customer(s)”]
Passenger and Driver: [“customer and user”, “customer and/or user(s)”, “customer, user(s)”]
• All customers, users, and affiliates of CabStop
• All individuals who contact CabStop and submit their information through our application or website
In case you do not agree to one or more terms as specified in the policy, DO NOT ACCEPT our Terms and Conditions.
Our services primarily comprise a technology platform that ensures the seamless facilitation and scheduling of all transportation and/or logistics services through the independent third-party providers of these services. By agreeing to our privacy disclosure, you acknowledge that:
• CABSTOP DOES NOT PROVIDE ANY INDEPENDENT TRANSPORTATION OR LOGISTICS SERVICES
• CABSTOP DOES NOT OPERATE AS A TRANSPORTATION CARRIER
• ALL SERVICES RELATING TO TRANSPORTATION AND LOGISTICS ARE PROVIDED BY THIRD-PARTY SERVICE PROVIDERS WHO ADHERE TO THE AGREEMENTS PROPOSED BY CAB STOP AND/OR ITS AFFILIATES/SUBSIDIARIES.
CabStop strives to support it customer and/or user by offering a range of services including (but not limited to):
• The timely facilitation of payment when users avail transportation or logistics services from CabStop-complaint third party providers
• Resolution of customer and user inquiries in the form of queries, support tickets, and complaints
• Scheduling airport pickup facilities and devising additional pickup facilities from other places as needed
• The Ride pass /coupon services to all users of the CabStop application. The Ride Pass/coupon can be used to enjoy rides at discounted rates from CabStop. Note that our Ride pass policies may change from time to time and is subject to additional terms and conditions.
Unless we otherwise specify to you in a written agreement, the Services provided by CabStop are in collaboration with independent third-party providers who are not directly employed by the company.
Subject to your consent and compliance with the aforementioned Privacy Standards and your payment of the applicable fees, CabStop accords you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to
(ii) Access and use of the content, information, and/or promotional materials as provided through our Services, for personal, non-commercial intent.
The term ‘Use’, ‘using’, or ‘used’ in the aforementioned statement refers to the direct or indirect access, utilization, storage, and/or execution of the Cabstop application. Any rights that are not explicitly stated in this License Agreement are solely reserved by CabStop and CabStop’s licensors.
The term “You”, “your” refers to anyone using the product.
Customers and users are disallowed to:
(i) Modify the Services license agreement by removing copyright, trademark, and/or other proprietary notices from any section of the agreement
(ii) Recreate the Services license agreement without prior consent from CabStop to prepare derivative works for distribution, license, lease, sell, resell, transfer, public display
(iii) Exploit the Services agreement through transmission, streaming, broadcast, of one or more excerpts from the agreement, unless explicitly permitted by CabStop
(iv) Deconstruct, reverse engineer, disassemble, or modify the Services, except under special circumstances when the said actions may be permitted by applicable law;
(v) Link to, mirror, frame, and/or utilize any excerpt from the Services agreement
(vi) Launch any program or script for scraping, indexing, and surveying
(vii) Data mine any excerpt from the Services agreement
(viii) Hinder the operation and/or functionality of any facet of the Services agreement due to unduly intent and action
(ix) Make attempts to gain unsanctioned access to the Services and/or subsidiary systems or networks.
You understand and consent that you may incur charges for the use of the services as offered by CabStop and Third-Party Providers. CabStop will serve as the Third Party Provider’s Limited Payment Collection Agent and facilitate payment after you obtain the said services from CabStop and the Third Party Provider. All charges received are thus accepted on behalf of the participating Third-Party Provider. Any payment, such as charges, will be deemed equivalent to the payment made by you to the Third Party Provider.
CabStop is authorized to charge you amounts for services such as applicable tolls, pickup/drop-off facilities provided at different locations, fees, taxes, and other charges for the provision and arrangement of services by the Third Party Providers. Every charge has additional, applicable taxes such as GST, et al.
CabStop reserves the right to determine the origin city (where your trip commences) based on your address record on the CabStop application. All charges paid by you are the final charges for the goods and services obtained by you. The charges are non-refundable unless otherwise determined or explicitly stated by CabStop.
Users reserve the right to request a reduced charge from the Third Party Provider in lieu of services/goods obtained from the said providers at the time when these services and goods are obtained. In the event of such requests, CabStop will assess and acknowledge these requests from participating Third-Party Providers to modify the charges for the goods or services in question.
All charges incurred are immediately due and CabStop will facilitate the payment through the selected payment method as assigned to your account. Following the payment, CabStop will send you an email with the receipt and acknowledgment of the payment.
If under any event, the primary payment account added to your CabStop account is suspended or deemed invalid and cannot be charged, you consent to CabStop to charging the amount to the secondary payment account as added to your CabStop account.
CabStop reserves the sole discretion to remove, revise, or modify the charges of goods and services as offered by the company at any time. We adhere to the guidelines and directives as proposed by respective State Governments, and thus charge additional night fees that may vary from the normal day-time charges. During the night, the average base fare can increase three-fold as opposed to the base fare during the daytime. Because night or late-night charges may vary depending on the origin state, CabStop always intimates the users about the charge that they may potentially incur. All users will be solely responsible for the applicable charges incurred regardless of their awareness of the amounts thereof.
Depending on the origin state, CabStop may from time to time, launch promotional offers and subscription discounts to some specific users. Users can utilize these offers to enjoy goods and services from CabStop at a discounted rate and for a limited period as entailed by the company. You consent that said promotional offers, discounts, or subscriptions unless made accessible to you, will have no impact on your use of CabStop’s services and payment of the accrued fees.
Under any circumstance, if you elect to cancel the ride or any other service from the Third Party Provider before the Third Party Provider arrives at your selected location, maybe you will be charged a cancellation fee. This fee is designed to compensate the Third Party Provider and CabStop for the time and services provided.
With the exception of taxi/cab transportation services requested or availed through the CabStop application, CabStop does not allocate any portion of your payment as tip and/or gratuity to the Third Party Provider. All representations by CabStop and its affiliates (on CabStop’s website, in the Application, or CabStop’s marketing collaterals) reinstating that tipping is “voluntary”, “not required”, “payments are inclusive of tips” are not deliberated to propose that CabStop provides additional monetary amounts to the Third Party Provider. You understand and consent to the fact that although you may voluntarily provide additional tip or gratuity to the Third Party Provider upon your discretion, there is no obligation whatsoever pertaining to this. After you completing a trip or receiving your required services, you will have an opportunity to provide feedback about the Third Party Provider's service and rate your overall experience.
You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
The aforementioned services are provided on an “As is” and “As Available” basis. CabStop disaffirms any representation, warranty, or claim (implied or statutory), not explicitly stated in the terms of this privacy agreement. This includes any implied warranty, merchantability, fitness, or instances of non-infringement. CabStop neither represents nor provides any warranty/guarantee relating to the quality, availability, timeliness, and irreproachability of the services or goods requested and/or obtained from CabStop and its Third Party Providers. Although CabStop strives to provide a seamless experience to users, it does not guarantee error-free or uninterrupted services.
CabStop pledges the quality, availability, safety, or competence of the Third Party Providers. By agreeing to our terms, you consent that the risk arising from the use of services and any potential risk in the same connection, is solely your obligation, to the maximum capacity as advocated and applicable under state government laws.
CabStop is not liable for Incidental, Special, Exemplary, Punitive, or Consequential Damages including (but not limited to) loss of data and profits, personal injuries, damage to property in connection with the requested or utilized service from CabStop. This clause holds true even if CabStop had been previously advised of such damages.
CabStop holds no liability for the losses arising out of:
• The user and customers reliance on the service and/or the user’s inability to access the service during the user’s required time window
• Any transaction (monetary or otherwise) between you and the Third Party Provider
• Delay, distress, and performance failure resulting from natural causes or any other external cause beyond CabStop’s capacity
Although you may choose to use CabStop’s services to request or schedule transportation, goods transfers, or logistics services through CabStop’s Third Party Providers, you consent that CabStop will hold no liability of the said transportation, the transfer of goods and services, or any additional logistical services, unless explicitly stated in this privacy agreement. The limitations and disclaimer in this section are compliant with the applicable law and are not designed to limit liability or restrict your rights as a consumer.
In the event of a claim, demand, loss, liability, or expense (such as attorney’s fees), you agree to indemnify CabStop and its officers, directors, employees, and agents, acknowledging that CabStop and its agents are not accountable for the said a claim, demand, loss, liability, or expense.
All claims of copyright infringement should be emailed to CabStop’s designated representative. Visit this page < https://www.cabstop.in/legal> to locate the contact details of the appropriate representatives. You will also find additional resources relating to CabStop’s services here.
During service, CabStop may furnish a notice that will serve as a general notice relating to the services and operations of the company. The notice will be emailed to your electronic email account or sent as a written correspondence to your local address as you had specified in CabStop’s account. In any event, you reserve the right to send written correspondence to CabStop. CabStop, however, disallows you from transferring or assigning these terms of service (as whole or in excerpt) without prior written approval from the company.
By agreeing to the notice, you give your consent to CabStop to partially or wholly transfer the terms to:
(i) CabStop’s subsidiaries and affiliates
(ii) Any individual, business, entity that partially or wholly acquires the business and assets of CabStop
(iii) A successor from a merger
CabStop does not acknowledge any joint venture, partnership, scope of employment, or an agency relationship between you and the Third-party provider as a result of you utilizing CabStop’s Services.
In case one or more provisions of this privacy agreement are deemed illegal, void, inapplicable, or unenforceable (partially, or in whole) such provisions or portions will be separated from the original terms of the agreement; and the legality, authorization, and validity of the terms of agreement (barring the said section) shall be unaffected.
During such an event, the parties are required to replace the inapplicable, illegal, and void provisions with a legally sound, valid, current, and enforceable provision, that has the closest similar impact as the previous, inappropriate, and void provision. The terms and policies constituting this privacy agreement pertaining to the current subject matter supersede and supplants all concomitant agreements of undertakings relating to this subject matter.
operated by us such as https://www.cabstop.in/ or Mobile Application, accessed and/or
used via personal computers, mobile devices or otherwise) and "offline" (data collection through emails, correspondence, et al) activities relating to the facilitation of cab ride/ cab hire services through a distribution channel of Third Party drivers and taxicab operators. These individual services are collectively referred to as "Services" in this privacy statement.
• Owned, monitored, and controlled by CabStop
• Made available through the “Services”
• Designed to interact with the “Service”
When you (customer and user) access CabStop’s website or application and attempt to register yourself, CabStop will require you to furnish some confidential details. The information is collected through multiple modes such as registration forms, contact forms, or any other document that you are required to fill out while accessing the services of CabStop.
To start using the services of CabStop, you are first required to register on the application/website and create a user profile. CabStop does not demand or store confidential information unless ordained by law (the government) to collect such information.
Currently, you are requested to populate the following fields:
▪ Mobile Phone Number
▪ CabStop Mobile Application Password
▪ Zip Code
In addition to the confidential data that you submit to CabStop, CabStop and its Third-Party Providers may use multiple methods and processes to collect specific information as and when you interact with the application/website or avail the “Services”.
This information primarily pertains to your usage of the application or website and it may include details about the browser that you used to access the application/website, the URL that redirected you to CabStop’s page, et al.
CabStop also collects Device Identifiers for all incoming traffic. A Device Identifier is an automatically assigned number for all devices. Our system monitors and identifies your device through the device identifier. Other information collected by CabStop includes the following:
• If you are booking a ride via the call center, bear in mind that CabStop may record all calls for the purpose of quality and training
• Certain tracking details may be collected as you browse through our services. This includes but is not limited to geographical regions
• When users book a ride, and the driver accepts and starts it, the accompanying driver's car infotainment will send the user's GPS coordinates to our servers in real-time. All modern GPS enabled mobile phones can immediately pinpoint locations within 50 ft or less
• Details (name and contact number) of your emergency point of contact as specified in your Account (in the mobile application) will be collected and stored to facilitate communication during unforeseen situations, emergencies
• If you refer a friend or acquaintance to use CabStop’s services, CabStop will store and collect the contact information of the said friend for marketing and promotional purposes
• We collect usage information through cookies. In case you do not elect to have your information collected through cookies, click “Deny” under the “Allow Cookies” header when you access our website. Depending on your device, you can control or disable cookies by setting the appropriate preference. Bear in mind that you may experience service disruptions if you elect to disable the cookies. This will also prevent you to customize delivery details.
• CabStop primarily offers its services through the Mobile applications. When you sign up on the mobile application, we may collect and utilize technical details and related data such as device details, system and accessory details, et all. This information is periodically collected to ensure the seamless facilitation of software updates, post-service support, and other related services.
• When you use CabStop’s mobile application, it may automatically collect and store the following information
◦ Your language and geographical preference
◦ Make and model details of your mobile handset
◦ The operating system of your mobile
◦ Your Geolocation
In addition, if you allow device permission, CabStop will also collect data from SMS/ text messages. This data is used for the following:
• Send/Receive One Time Passwords for the purpose of device authentication
• To enable autofill of multiple fields during financial transactions
A. WHEN YOU AGREE TO RECEIVE INFORMATION FROM THIRD PARTIES.
While accessing and using CabStop’s services you may find an opportunity to receive promotional and marketing information directly from subcontractors and vendors. Your protected information will be disclosed to these vendors only when you consent to share the said information. In case the information is shared with vendors, privacy policies of the vendor organization will apply. CabStop takes no responsibility for the privacy practices of vendors or minor parties, and thus requests you to review these policies prior to authorizing them. If you elect to terminate such marketing materials after receiving them, you will hold the sole responsibility of directly communicating with the said vendor party.
B. ADMINISTRATIVE AND LEGAL REASONS
CabStop abides by all state and central government laws and we constantly liaise with government representatives for the purpose of legal compliances. Because of this way, we may access, retain, and transfer specific information (including confidential information such as IP address, device details, geo-location, et al) to Government representatives as and when necessary. Your confidential details may be shared under the following legal circumstances:
• To fulfill and adhere to all applicable laws, subpoenas requests purported by the Government, or legal proceedings
• To safeguard and/or uphold the integrity of the Terms of Agreement for online or mobile services and prevent prospective breaches and/or fraudulent activities
• To safeguard the rights and assets of CabStop and the Third Party Providers
• To ensure complete public safety
• To identify and therefore prevent potential instances of fraudulence and any other form of a technical loophole
• To repudiate illegal, unauthorized, and unethical activities
Unless interdicted by law, during emergencies, or otherwise, CabStop will notify users and customers before disclosing their confidential information to legal authorities. Legal personnel under the notion that prior notification can potentially jeopardize the investigation are required to obtain an appropriate court order and additional paperwork establishing that the prior notice should be interdicted.