Effective from June 1st, 2023
This Site/ Application/ Services is/are operated /provided by Vcatch BPO services
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 there under 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 Vcatch BPO services
IN RESPECT OF THE USE AND SERVICES OF THE SITE.
Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://www.Vcatch BPO services.com/info/faqs#privacyPolicy.
By accepting these User Terms, you also allow Vcatch BPO services.to send you promotional emails and SMS alerts from time to time.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO A CUSTOMER TAKING Vcatch BPO services CORPORATE RIDES’ I.E., FOR CUSTOMERS WHO ARE AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN CORPORATE ENTITIES AND Vcatch BPO services
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 Vcatch BPO services.
(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 “Vcatch BPO services Cabs” updated by Vcatch BPO services from time to time.
(vii) “City of Operation” shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Customers shall be in the same city.
(viii) “Customer/ You” means a person who has an Account on the Application.
(ix) “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 Vcatch BPO services.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.
(x) “E-Wallet” shall mean a pre-paid instrument, which can be used to make
payments.
(xi) “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. In relation to Auto (a motor cab), the Fare shall be as prescribed by law and/or as stipulated by relevant authorities.
(xii) “Force Majeure Event” shall mean any event arising due to any cause
beyond the reasonable control of Vcatch BPO services.
(xiii) “Vcatch BPO services.” or “us” or “we” or “our” shall mean Vcatch BPO services a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office at ITI EMPLOYEES LAYOUT, MALLATHAHALLI, BANGALROE 560056, 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.
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xiv) “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 Vcatch BPO services. from the Customer from time to time for registration on the Application.
(xv) “Ride” shall mean the travel in the Vehicle by the Customer facilitated
through the Site.
(xvi) “Service(s)” means the facilitation of transportation service by Vcatch BPO services. Through the Application or via a telephone request at the call centre of Vcatch BPO services, or cab on the Site, within the City of Operation, as elaborated in Clause 4.
(xvii) “Site” shall mean the Application and the website https://www.Vcatch BPO services.com/info/faqs#privacyPolicy.operated by Vcatch BPO services or any other software that enables the use of the Application or such other URL as may be specifically provided by Vcatch BPO services.
(xviii) “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.
(xix) “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.
(xx) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
(xxi) “TPSP” shall mean a Driver and/or an operator associated with us offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.
(xxii) “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:
(1) You have attained at least 18 (eighteen) years of age.
(2) 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”), Vcatch BPO services does not want You to, and You should not, send any confidential or proprietary information to Vcatch BPO services 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 Vcatch BPO services 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 reach@vcatch.in
3.8 In case, you are unable to access Your Account, please inform Us at reach@vcatch.in 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 TPSPs. The Service allows You to send a request through Vcatch BPO services to a Driver on the Vcatch BPO services. network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Vcatch BPO services. 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 Vcatch BPO services.may determine.
4.2. Vcatch BPO services. 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 Vcatch BPO services with such information and documents which Vcatch BPO services 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 Vcatch BPO services, 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 there under.
4.4. Vcatch BPO services. 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, Vcatch BPO services. will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Vcatch BPO services. on any change in the information provided by You.
4.5. Vcatch BPO services or an authorised representative of Vcatch BPO services, shall provide information regarding services, discounts and promotions provided by Vcatch BPO services 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. Vcatch BPO services 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 Vcatch BPO services.OBLIGATIONS UNDER THESE CUSTOMER T&C.
4.7. You agree to grant Vcatch BPO services 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 Vcatch BPO services TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
4.8. You agree and permit Vcatch BPO services 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 Vcatch BPO services. You hereby expressly consent to receive communications from Vcatch BPO services/ 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 Vcatch BPO services responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a via Vcatch BPO services. of Your registration on the national do not call registry.
4.9. Vcatch BPO services 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 Vcatch BPO services. 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. In the event Vcatch BPO services. provides You any device as a part of the Services including but not limited to Vcatch BPO services Play Vcatch BPO services Device”), You shall comply with the following. ‘Vcatch BPO services Play’ means a connected car platform using multiple devices in-car and cloud technology platform owned and operated by Vcatch BPO services, which endeavours to provide an interactive experience to You –
You shall not tamper, pilfer or misuse the Vcatch BPO services Device(s) or allow, induce orassist a third party to indulge in such activity.
You shall not transcribe, distribute, download, store, duplicate and reproduce the content forming part of the Vcatch BPO services Device(s) (“Content”), in whole or in part, through any medium including, but not limited to, tape, disc, hard disk, computer system, or other electronic recording or transmission device.
You shall not
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party, in any way, the Vcatch BPO services Device(s) and/or any Content;
modify or make derivative works from the Content;
create Internet “links” to the Content or “frame” or “mirror” any Content on any other server or wireless or internet-based device;
reverse engineer or access the Vcatch BPO services Device(s) and/or Content 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 Vcatch BPO services Device(s) and/or Content, or
(c) copy any ideas, features, functions or graphics of the Vcatch BPO services Device(s) and/or Content, or
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 Vcatch BPO services Device and/or Content
You shall not use the Vcatch BPO services Device(s) for any illegal or unlawful purposes including but not limited to playing / watching pornographic content on the Vcatch BPO services Device and shall use the Vcatch BPO services Device(s) solely for purposes determined by Vcatch BPO services and strictly in accordance with these User Terms. You shall solely be responsible and liable for any violations of law committed by You and misuse of the Vcatch BPO services Device(s), if any, with the Vcatch BPO services Device(s).
You shall ensure that the Vcatch BPO services Device(s) is maintained in Your possession in a proper manner. Vcatch BPO services may, at its sole discretion, charge such amounts from You as may be determined by Vcatch BPO services for use of the Vcatch BPO services Device(s) by You.
In the event the Vcatch BPO services Device(s) is not functioning properly or if there is any technical or safety issue in relation to the Vcatch BPO services Device(s), You shall immediately inform the Driver about any such issue.
You shall use the Vcatch BPO services Device(s) with due care and caution and not do anything or permit anything to be done that may cause damage to the Vcatch BPO services Device(s). If the Vcatch BPO services Device(s) is damaged and is not repairable due to any act of You, you shall pay amounts to Vcatch BPO services, as may be determined by Vcatch BPO services. If You fail or are unable to pay the amounts determined by Vcatch BPO services, Vcatch BPO services shall be entitled to suspend / terminate Your Account with Vcatch BPO services without prejudice to Vcatch BPO services’s rights under these User Terms and under Applicable Laws.
4.11. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, Vcatch BPO services 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.
4.12. 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.
4.13. Vcatch BPO services 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. Vcatch BPO services shall, upon receiving the cab request from You in the manner set out above, proceed to confirm or decline the cab 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 cab is confirmed, you shall check the cab 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 Vcatch BPO services of the incorrect details immediately.
5.3. Certain selective customers will be eligible to avail the Service under a ‘Guest Booking’ feature, provided by Vcatch BPO services. Such customers will also be bound by the terms and conditions set out herein.
6.1. Vcatch BPO services shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Vcatch BPO services. The Convenience Fee or Access Fee shall be payable by you to Vcatch BPO services and shall be informed to you before you begin your ride.
6.2. In relation to Vcatch BPO services plying within the City of Operation the Convenience Fee or Access Fee shall not exceed an amount of Rs 75 at any time.
6.3. TPSP may charge Fare to You for the Ride offered to You by the TPSP.
6.4. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
6.5. 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.
6.6. 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.
6.7. The Total Ride Fee will be collected by the Driver or Vcatch BPO services from You at the end of the Ride, as set out in Clause 6.7 below.
6.8. Vcatch BPO services shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the TPSPs for the Fare and Additional Fee, and the Convenience Fee or Access Fee raised by Vcatch BPO services. shall be provided to You on request. You may raise a request for a copy of the invoices from our Support page.
6.9. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the TPSPs or Vcatch BPO services, as the case may be.
6.10. You shall choose to pay for the Service Fee by either of the following four methods:
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 Hatchback/Sedan/Prime sedan/SUV/ Prime SUV/Rental categories, Cancellation Fee will be charged
If you cancel after 4 minutes after the cab is allotted or
If a driver cancels after waiting at your location for more than 9 minutes
Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
7.2. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a cab/service request. The notification shall be on the Application and/or the Site.
7.3. Vcatch BPO services 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 TPSPs for the Cancellation Fee, and Vcatch BPO services 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.
7.6. This Clause 7 shall not apply to corporate rides availed pursuant to the terms
and conditions.
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 Vcatch BPO services.
9.1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22.2. In case of a Ride booked on our Application, you shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
9.2. Reporting of any issue needs to be within 7 (seven) days of the happening of
the issue, failing which, such issue will not be addressed.
9.3. Any issue reported on channels other than the above may be addressed by Vcatch BPO services only on a best-effort basis. Vcatch BPO services takes no liability for inability to get back on other channels.
9.4. Vcatch BPO services shall endeavour to respond to Your issues within 2 (two) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Vcatch BPO services shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
10.1 By accepting these User Terms and on pressing the SOS button on the Vcatch BPO services App, you consent to Vcatch BPO services using its best endeavours to provide You with assistance during a safety incident, emergencies or distress, as per Vcatch BPO services’s internal policies on emergency response. Vcatch BPO services may undertake remedial action(s), including, but not limited to the following:
10.1.1 When you press the SOS button and report a safety incident, the Vcatch BPO services representative may escalate the incident internally or liaise with any third
party security service providers to assist You and/or deploy response teams to Your location.
10.1.2 Vcatch BPO services may inform any government authorities, such as the concerned police station, about the incident and seek their assistance; Vcatch BPO services may also provide such authority(ies) with your personal information including but not limited to your exact GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist You.
10.1.3 Vcatch BPO services may engage third party security providers to assist You and Vcatch BPO services in addressing the incident. For this purpose, Vcatch BPO services may share your personal information, including but not limited to, your exact GPS location, your registered email ID and mobile number with third parties such as a security services provider, to enable them to take appropriate steps to assist You and solely to resolve the incident. 10.1.4 Further to the above, you may receive telephone calls from an Vcatch BPO services representative and/or the relevant response team at the time of pressing the SOS button and in the duration that the incident is being resolved, and the same shall not be construed as breach of TRAI guidelines, in as much as these would be made for Your security and safety purposes.
10.2 Under this clause, you give Your express consent to permit Vcatch BPO services to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.
10.3 Vcatch BPO services will not be liable for any deficiency of service, provided to You under this clause on a best efforts basis, and this clause does not, in any manner, restrain You from seeking any other form of assistance from any other party.
11.1 We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
12.1 By accepting these User Terms and using the Service, you agree that You shall defend, indemnify and hold Vcatch BPO services, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
(a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein;
(b) Your violation of any rights of any third party, including the TPSPs \or
(c) Your use or misuse of the Application or Service.
13.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and Vcatch BPO services call centre are for general information purposes only and does not constitute advice. Vcatch BPO services will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
13.2. Vcatch BPO services shall not be liable for You missing trains/flights/events or delays etc. as
the Service is dependent on many factors not in Vcatch BPO services’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
13.3. In the event, there is a delay by the Vehicle in reaching the pickup location
beyond 30 (thirty) minutes of the pickup time, Vcatch BPO services shall only endeavour to get You in touch with the Driver assigned for Your Ride.
13.4. Vcatch BPO services shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
13.5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Vcatch BPO services will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, you have to inform Vcatch BPO services of the same in writing within 24 (twenty-four) hours of using the Vehicle or the Services of Vcatch BPO services. In the event it is found, you shall be informed about the Vcatch BPO services office from where You can collect it after 3 (three) working days from the date You were informed. Vcatch BPO services however shall not be responsible for delivering the same back to You. If requested, Vcatch BPO services may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the Vcatch BPO services office. Vcatch BPO services shall charge You a flat fee of Rs 500 for such delivery.
13.6. Vcatch BPO services does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
13.7. Vcatch BPO services shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Vcatch BPO services. Vcatch BPO services will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding cab confirmation.
13.8. IN NO EVENT SHALL Vcatch BPO services BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Vcatch BPO services HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
13.9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Vcatch BPO services AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
13.10. 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 Vcatch BPO services shall be the minimum permitted under Applicable Law.
14.1. Subject to Your compliance with these User Terms, Vcatch BPO services 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.
14.2. You shall not
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;
modify or make derivative works based upon the Service or Application;
create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device;
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
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.
14.3. You shall not:
send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or
attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
14.4. Vcatch BPO services will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Vcatch BPO services may involve and cooperate with law enforcement authorities in prosecuting users who violates these User Terms. You acknowledge that Vcatch BPO services 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. Vcatch BPO services reserves the right, at any time and without prior notice, to remove or disable access to any content that Vcatch BPO services, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
15.1. Vcatch BPO services may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Vcatch BPO services shall not in any manner be responsible for or endorse the Posted Content.
15.2. You agree that when posting Posted Content, You will not:
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights there to or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
Restrict or inhibit any other user from using and enjoying the Site.
Violate any code of conduct or other guidelines which may be applicable forany particular Posted Content.
Harvest or otherwise collect information about others, including e-mailaddresses, without their consent.
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
16.1. Vcatch BPO services alone (and its licensors, where applicable) shall own all right, title andinterest, 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.
16.2. 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 Vcatch BPO services. 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.
16.3. You may use information on the Site purposely made available by Vcatch BPO services fordownloading from the Site, provided that You:
do not remove any proprietary notice language in all copies of such documentsand make no modifications to the information;
use such information only for Your personal, non-commercial informational purposeand do not copy or post such information on any networked computer or broadcastit in any media; or
do not make any additional representations or warranties relating to suchinformation.
17.1. If permitted by Vcatch BPO services, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any Vcatch BPO services trademarks or service marks or any Content belonging to Vcatch BPO services and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
18.1. Unless terminated in accordance with this Clause 17, the agreement between Vcatch BPO services and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site. 18.2. 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. 18.3. Vcatch BPO services 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 Vcatch BPO services, misuse the Application or the Service. Vc