WAKUK TECHNOLOGIES PRIVATE LTD.
LAST UPDATED ON: 3RD MAY, 2019
These Terms set forth the legally binding terms and conditions that govern Your Interaction (as defined below) with the Site or App. By downloading, installing, accessing, using, updating, or upgrading (Collectively referred as "Interaction", "Interacting" or "Interact" with, or any grammatical derivatives of the same) the Site or App, You consent to accept these Terms. If You do not agree with all provisions of these Terms, do not Interact with the Site or App. By Interacting with the Site or App, You indicate that You accept the Terms and that You agree to abide by them.
"Account Information" shall mean Your Personal Information (defined below), which may include, but is not limited to, Your full name,contact number,residential address, email address, driving license information, gender, and other such details that We may require in order for You to use Our Services (as defined in Section 1.5).
- "Login Credentials" shall mean the login credentials of You the User (as defined in Section 1.10) such as user I D, and password that enable You to access the Site or App, and use the Services (in accordance with Section 1.5).
- "Personal Information" shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
- "Profile" shall refer to the Site or App account that contains Your Account Information. For the purposes of clarity, in order to Interact with the Site or App You may be required to first use the Login Credentials to access the Profile.
- "Services" refers to any and all function(s) of the Site or App, wherein such Site or App permits You to use the Site or App for such functions including but not limited to the services identified in Annexure A.
- "SPD" Sensitive personal data or information of a person means such personal information which consists of information relating to any of the following: —
ii. financial information, such as bank account or credit card or debit card or other payment instrument details;
iii. biometric information;
iv. any of the information received under above clauses by Us for processing, stored or processed under lawful contract or otherwise; and
v. any detail, which relates to the above clauses in this definition that is required for providing You the Services.
- "User” or “You” or “Your” or “Yours” (non-case sensitive)" shall, along with the User (as defined above),also refer to all third-party individuals, who may or may not be a User, and use this Site or App in any way whatsoever.
TERMS OF SERVICE
Introduction. In order to use the Services offered by Us on Our Site or App, You are required to create a Profile, including Login Credentials, and provide Us with the requested Account Information. Upon creating the Profile, You may use the Services, subject to fully abiding with these Terms, and the Related Rules, if any.
- Cancellation of Services. In the event You cancel Our Services, upon Interacting with the Site or App and requesting for such Services, We may charge You a penalty for such cancellation.
- User Consent to use Account Information. You acknowledge and give Your full and unconditional consent to:
(a) Your Account Information being permanently retained on a computer database that shall be maintained, owned, and controlled by Us.
(b) Your Account Information being shared with any other third-party entity that enters into a commercial relationship with Us.
(c) Your Account Information being shared in its original form, or as part of or aggregated form, with other third-party entities.
(d) Your Account Information being shared with Our partners and affiliates.
(e) Receiving links to third-party websites and services, and/or display advertisements for third party entities, which have entered into a commercial relationship with Us (collectively, “Third-Party Links & Advertisements”).
- Representations and Warranties of the User. You represent and warrant to Us at all times that:
(a) You are atleast 18 years of age at the time of using the Site or App and/or Services.
(b) You shall not use the Site or App or any of the Services beyond the contemplated functionality and usage of the Services.
(c) You shall not attempt to gain unauthorized access to the Site or App or any of the Services or any networks, servers or computer systems connected to the Site or App or Services.
(d) You shall not use the Site or App or any of the Services in a way that may damage or impair
(i) the Site or App or the Services, or (ii) Our underlying systems and security.
(e) You shall not use the Site or App or any of the Services in any unlawful manner, or in a mannerwhich promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.
(f) You shall not re-sell, in any medium, any part of the Site or App or Services.
(g) You shall not use any of Our intellectual property, including the copyrighted content displayed on the Site or App for any personal or third-party gain, without Our express consent.
(h) You shall not modify, adapt, translate or reverse engineer any part of the Services
(e.g., by creating a shadow site oran app that mirrors the said Services, or substantially mirrors said Services).
REGISTRATION/CREATION OF PROFILE
Account Creation and Deletion. In order to use Our Services, You must sign up and create the Profile. You may delete your Profile at any time, for any reason, by following the instructions on the Site or App. However, You must note that We reserve the right to retain Your Account Information in an anonymous form, and any other information provided on an “as-is” basis. In relation to the Account Information, You represent and warrant that: (a) all of the Account Information You submit to Us is truthful and accurate; and (b) You will maintain the accuracy of the Account Information that You provideUs with at all times.
- User Responsibilities. You are responsible for maintaining the confidentiality of your Login Credentials and are fully responsible for all activities that occur under your Profile (e.g., once logged in). You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Profile, or any other breach of security. Upon such notification from You, We may, at best, assist You to change Your password. Beyond assisting You to change Your password,We cannot offer any other assistance. In addition, Wewill not be liable for any loss or damage arising from Your failure to comply with the above requirements.
ACCESS TO THE SITE OR APP
Certain Restrictions. The rights granted to You in these Terms are subject to the following restrictions: (a) except as otherwise authorized, You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or App and/or its Services, whether in whole or in part, or any content displayed on the Site or App; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or App and/or its Services; (c) You shall not access the Site or App and/or its Services in order to build a similar or competitive website, app, product, or service; and (d) except as expressly stated herein, no part of the Site or App and/or its Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site or App shall be subject to these Terms. All copyright and other proprietary notices on the Site or App must be retained on all copies thereof.
- Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site or App (in whole, or in part) or its Services (in whole, or in part) with or without notice to You. You agree that We will not be liable to You or to any thirdparty for any modification, suspension, or discontinuation of the Site or App or its Services, or any part of the Site or App or its Services thereof.
- No Support or Maintenance. You acknowledge and agree that We will have no obligation to provide You with any support or maintenance in connection with the Site or App and/or its Services.
- Ownership. Excluding Your Account Information, You acknowledge that the Site or App and/or its Services itself, the entire content in the Site or App and/or its Services, and all the intellectual property rights, including copyrights, patents, trademarks and trade secretsin relation to the Site or App and/or its Services are solely owned by Us. These Terms do not transfer to You or any third party any rights, title or interests in, or to such, intellectual property rights, except for the limited access rights that are required to use the Services.
Risks. Except as otherwise provided in our Related Rules, if any, We do not accept any risks associated with the use of any of Your Account Information, including any reliance on its accuracy, completeness or usefulness. You hereby represent and warrant that the Account Information, or any other information provided to Us through an email, support forum on the Site or App, etc. (“Other Information”) does not violate Our ‘Acceptable Use Policy’clause below. You may not represent or imply toanyone,in any way whatsoever, that the Account Information or Other Information that You provide Us with is sponsored or endorsed by Us. Because You alone are responsible for Your Account Information and the Other Information that You provide Us with, You may expose Yourself to liability if, for example, the Account Information or Other Information violates the ‘Acceptable Use Policy’ clause. You must note that We are not obligated to create a backup copy of Your Account Information or Other Information that You provide us with; We will not be held liable or responsible for the deletion of the Account Information or any Other Information that You provide us with. You are solely responsible for creating and maintaining Your own backup copies of your Account Information or the Other Information that You provide Us with.
- Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": (a) You agree not to use the Site or Appand/or its Services to collect, upload, create, transmit, display, or distribute the Account Information or Other Information in any way such: (i) that it violates any third-party right, including any copyright, trademark, patent, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that it is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (iii) that it is hateful, violent, discriminatory, nude, partially nude, sexually suggestive, or pornographic.
(b) In addition, You agree not to: (i) upload, transmit, or distribute to, or through the Site or App, any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) manipulate the Site or App to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) manipulate the Site or App to harvest, collect, gather, or assemble information or data regarding any other users or individuals, including their e-mail addresses, with or without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or App or the data hosted within the Site or App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or App (or to other computer systems or networks connected to or used together with the Site or App), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or App; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site or App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site or App.
Provided, however, that We conditionally grant revocable permission only to the operators of public search engines: (i) to use spiders to copy materials from the Site or App for the sole purpose of, and (ii) solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file.
- Enforcement. We reserve the right to review Your Account Information or Other Information from time to time, and to investigate and/or take appropriate action against You if you violate the ‘Acceptable Use Policy’ clause, or any other provision of these Terms, or otherwise create liability for Us or any other person orEntity, in Our sole discretion. Such action may include removing or modifying your Profile, terminating your Profile in accordance with the ‘Term and Termination clause’ and/or reporting You to law enforcement authorities.
- Feedback. If You provide Us with any feedback or suggestions regarding the Site or App or Our Services (hereinafter “Feedback”), You hereby assign to Us all rights in such Feedback and agree that We shall have the right to use and fully exploit such Feedback and related information in any manner We deem appropriate. We will treat any Feedback you provide to Us as non-confidential and non-proprietary; therefore, it is in Your interest to not submit to Us any information or ideas that You consider to be confidential or proprietary.
You agree to fully indemnify Us (including, without limitation, Our officers, employees, agents, successors, and assigns) from any and all claim(s) or demand(s) made against Us, including all applicable costs and advocate fees, by any third party due to, or arising out of: (a) Your use of the Site or App or Services, (b) Your violation of these Terms, and (c) Your violation of applicable laws or regulations. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to fully indemnify Us, and You agree to cooperate with Our defense of these claims. Additionally, You agree not to settle any matter without Our prior written consent. We will use reasonable effortsto notify You of any such claim, action or proceeding upon becoming aware of it, to the extent permissible by applicable law.
THIRD-PARTY LINKS & ADVERTISEMENTS
- Third-Party Links & Advertisements. The Site or App may contain links to Third-Party Links & Advertisements. You acknowledge and agree that such Third-Party Links & Advertisements are not under Our control, and therefore We shall not be responsible for any Third-Party Links & Advertisements. You must note that we provide access to these Third-Party Links & Advertisements only as a convenience to you, and donot review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Advertisements, in any way whatsoever. You use all Third-Party Links & Advertisements at Your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Advertisements, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should independently undertake whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Advertisements.
- User’s Note. You agree that We will not be responsible for any loss or damage that You may incur as a result of your Interaction with Our Site or App, or the use of Service(s), or the manipulation of Account Information and Other Information. If there is a dispute between You and any other User,We are under no obligation to become involved.
- Release. Subject to applicable law, You hereby release and forever discharge Us (including without limitation our officers, employees, agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that arises or has arisen, directly or indirectly out of, or that relates directly or indirectly to, the Site or App and/or its Services (including any Interactions with, or act or omission of, other users, or any Third-Party Links & Advertisements).
The Site or App is provided on an “as-is” and “as-available” basis, and, to the full extent permitted by applicable law, We expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site or App will meet Your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, legal, safe, or free of viruses or any other harmful code.
- By accepting these Terms, You acknowledge and agree that there are no fiduciary duties or obligations between You and Us.
- We will not be liable to You (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site or App:
(a) to the extent that the Site or App is provided free-of-charge, for any direct loss;
(b) for any indirect, special or consequential loss; or
(c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
LIMITATION ON LIABILITY
- To the maximum extent permitted by law, and subject to the Clause 9.3 below, in no event shall We be liable to You for any lost profits, lost/stolen data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or Your use of, or inability to use, the Site or App and/or its Services, even if We has been advised of the possibility of such damages. Access to, and use of, the Site or App is at Your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of any data, including Account Information, resulting therefrom.
- To the maximum extent permitted by law, We shall not be liable to You for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), as there is no service charge being charged to You by Us.
- Notwithstanding anything stated herein, all exclusions in this Limitation of Liability clause shall apply to the maximum extent permitted by law (e.g., some jurisdictions may not permit exclusion of liability for fraudulent misrepresentation).
TERM AND TERMINATION
Subject to this ‘Term and Termination clause’, these Terms will remain in full force and effect while You use the Site or App and/or any of its Services, in any way whatsoever.
- We may suspend or terminate Your rights to use the Site or App (including your Account) at any time and for any reason, at Our sole discretion, including for any use of the Site or App and/or its Services in violation of these Terms.
- Upon termination of Your rights under these Terms, Your Profile and right to access and use the Site or App will terminate immediately. You understand that any termination of your Profile may involve deletion of the Account Information and Other Information associated with your Profile from all Our databases. We will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of your Profile.
Changes. These Terms are subject to occasional revision, and if We make any substantial changes, We may notify You by sending You an e-mail to the last e-mail address You provided to Us (if any), and/or by posting notice of the changes on our Site or App. You are responsible for providing us with Your most current e-mail address. In the event that the last e-mail address that You have provided Us is not valid, or for any reason is not capable of delivering to You the notice described above, Our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms may be made without any advance notice to You. These changes will be effective immediately for new users of Our Site or App. Continued use of Our Site or App following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Electronic Communications. You (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing.
- Entire Terms. These Terms constitute the entire agreement between You and Us regarding the use of the Site or App and Services.
- Waiver. Any waiver of our rights or remedy under these Terms shall only be effective if it is in writing, executed by Our duly authorized representative, and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right, or remedy, or other rights or remedies.
- Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “including” and “includes” means "including without limitation".
- Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Relationship between you and us. You confirm that You are acting on Your own or behalf of another person.
Assignment. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. However,You acknowledge and agree that We reserve the right to freely assign Our rights and obligations under these Terms to whomsoever We please. The terms and conditions set forth in these Terms shall be binding upon assignees.
Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws prevalent in India. You agree that the courts of Telangana, India shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, these Terms.
- Copyright/Trademark Information. Copyright ©2019WAKUK TECHNOLOGIES PRIVATE LTD. All rights reserved. All intellectual property, including trademarks, logos and service marks (“IP”) displayed on the Site or App are Our property or the property of other third parties. You are not permitted to use this IP without Our prior written consent.
Contact Information. If You wish to contact Us in writing, or if these Terms require You to give notice to Us in writing, please contact Us at
|Title of Service
|Booking an on-demand Cab
||Passengers will be able to book cab in real time and nearest cab will accept the ride. Fairs will be calculated based on time and distance to destination.
||Partners (Aka Drivers) will receive rides from the nearest location of not more than 5 KM. Once they complete the ride, payment will be made directly to them.