Terms and Conditions

Last Updated: 5-08-2018.

These Terms of Use ("Terms") govern the access or use by you, an individual, from within a country of applications, websites, content, products, and services (the "Services") made available by Future Cabs, a private limited liability company established 2018, Future Fiacre Pvt. Ltd, having its registered office at 402A 4th floor, Elante offices Industrial Area Phase-1, Chandigarh. ("Future Cabs").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Future Cabs. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Future Cabs may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Future Cabs may amend the Terms related to the Services from time to time. Amendments will be effective upon Future Cabs’ posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.

1.  DEFINITIONS

All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

  1. Account
    shall mean the account created by User on the Application or Website for availing the Services provided by Future Cabs.
  2. Additional Fee
    shall mean any toll duty, parking charges, 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.
  3. 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.
  4. Application
    shall mean the mobile application Future Cabs updated by Future Fiacre Pvt. Ltd. from time to time.
  5. Convenience Fee / Access Fee
    shall mean the fee payable by the Customer to Future Cabs for the Service i.e., for availing the technology services offered by Future Cabs, door to door service, customer support and cashless payment options. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
  6. Cancellation Fee
    shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Conditions available at our website. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
  7. 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 or cities with close proximities.
  8. Customer / You
    means a person who has an Account on the Application for the purpose of availing taxi services to move around the city or for out of station journeys.
  9. Rider
    shall mean a customer.
  10. Driver
    shall mean and include such individuals as may be evaluated and appointed by a provider associated with us to provide the transportation services on its behalf and persons having their own vehicle and necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation and are registered with Us.
  11. TPSP
    (Third Party Service Provider) shall mean a Driver and/or a provider associated with us offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.
  12. User
    shall mean any person who has a service Account with us, a User can be a Rider, a Customer, A driver or TPSP.
  13. Aggregator
    shall mean medium between the parties, Future Cabs is only an aggregator between the users.
  14. E-Wallet
    shall mean a pre-paid instrument, which can be used to make payments.
  15. 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.
  16. Force Majeure Event
    shall mean any event arising due to any cause beyond the reasonable control of Future Cabs.
  17. Future Cabs
    or
    us
    or
    we
    or
    our
    shall mean Future Fiacre Private Limited, a company incorporated under the provisions of the Companies Act, 1956 having its corporate office at 402 4th floor, Elante offices Industrial Area Phase-1, Chandigarh, 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.
  18. Registration Data
    shall mean and may include the present, valid, true and accurate Future Cabs, email ID, phone number and such other information as may be required by Future Cabs from the User from time to time for registration on the Application.
  19. Ride
    shall mean the travel in the Vehicle by the Customer facilitated through the Site.
  20. Service(s)
    means the facilitation of transportation service by Future Cabs through the Application or via a booking on the Site, within the City of Operation, as elaborated under clause 2(vii).
  21. Site
    shall mean the Application and the Website https://futurecabs.net/ operated by Future Cabs or any other software that enables the use of the Application or such other URL as may be specifically provided by Future Cabs.
  22. Substitute Vehicle
    shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.
  23. 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.
  24. T&Cs
    and
    User Terms
    shall mean these Customer terms and conditions.
  25. Vehicle
    mean a motor cab as defined under the Motor Vehicles Act, 1988.
2.  The Services

The Services constitute a technology platform that enables Users (You) of Future Cabs’ mobile applications or websites provided as part of the Services to arrange and schedule transportation services with independent third party providers of such services, i.e. independent third party transportation providers under agreement with Future Cabs or certain of Future Cabs’ affiliates (Third Party Providers). Unless otherwise agreed by us in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT FUTURE CABS DOES NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY FUTURE CABS OR ANY OF ITS AFFILIATES.FUTURE CABS IS ONLY AN AGGREGATOR/ MEDIUM BETWEEN THE USERS (you and the third party provider) OF THE SERVICE PROVIDED BY FUTURE CABS.
The Website permits you to avail the transportation services offered by TPSPs. The Service allows you to send a request through Future Cabs to a Driver on the Future Cabs’ network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Future Cabs notifies you and provides information regarding the Driver - including Driver’s name, Vehicle license number, Contact details of the Driver and such other details as Future Cabs may determine and vice-versa.

Future Cabs 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.All of these above mentioned services are subject to your valid registration with Future Cabs and solely based on the Future Cabs’ discretion.

Account Registration
To access our services, you will need to validly register for an account and to become a User with Us. By doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction (s).

To create a User account, you must create a password-protected account (the "Account"). You may register for an Account using Your email and creating a password, or by using your existing third party networking accounts that are enabled by Us now or in the future such as Google, Facebook (the "Third Party Networks"), if any. You agree to provide accurate, current and complete information during the Account registration process and at all other times when you use the Cab Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Future Cabs Account password and other information, if applicable to a Third Party Network, and you are solely responsible for all activity that occurs on or through your Account or Third Party Network created account and that you will immediately inform us of any suspected unauthorized use. Cab is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, you may, however, be liable or responsible to Cab or third parties due to unauthorized use of Your Account.

User Services
By creating an Account, and becoming a User, You agree that we may send you text (SMS) messages and One-Time Password (OTP) as part of the normal business operation of your use of the Future Cabs Platform. Such uses include without limitation, to provide you with information you requested from us, to let you know about features, functions, improvements or changes to the Platform.

These text (SMS) messages may be automated or non-automated, and while Future Cabs does not charge You to send or receive such messages, your carrier or other provider may still charge You for such messages and data charges may also be applied by your carrier. You may opt-out of receiving text (SMS) messages from us at any time by contacting our Support team. You acknowledge that opting out of receiving text (SMS) messages may impact your use of and ability to fully use the Future Cabs Platform.

Licence
Subject to your compliance with these Terms, Future Cabs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Future Cabs.

Confirmation of Booking
We at Future Cabs, upon receiving the booking request from you in the manner set out above, shall proceed to confirm or decline the booking based on the availability of Vehicles at the estimated 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 estimated pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately.

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 usof the incorrect details immediately.

Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that Future Cabs does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Future Cabs does not endorse such third party services and content and in no event shall Future Cabs be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership
The Services and all rights therein are and shall remain Future Cabs’ property. Neither these Terms nor your use of the Services convey or grant you any rights:

  1. In or related to the Services except for the limited license granted above; or
  2. To use or reference in any manner our company names, logos and service names, trademarks or services marks.

3.  Your Use of the Services

User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to Future Cabs certain personal information, such as your Future Cabs, address, mobile phone number and age, as well as at least one valid payment method (a credit/ debit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Future Cabs in writing, you may only possess one Account.

User Requirements and Restrictions
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. 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 us. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Promotional Codes
We at Future Cabs may, in our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and / or a Third Party Provider’s services, subject to any additional terms that Future Cabs establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes:

  1. Must be used for the intended audience and purpose, and in a lawful manner;
  2. May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Us;
  3. May be disabled by Usat any time for any reason without liability to Us;
  4. May only be used pursuant to the specific terms that We establishes for such Promo Code;
  5. Are not valid for cash; and (vi) may expire prior to your use. We reserves the right to with hold or deduct credits or other features or benefits obtained through the use of Promo Codes by You or any other user in the event that We determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content
We at Future Cabs may, in Our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Us through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (User Content?). Any User Content provided by you remains your property. However, by providing User Content to Future Cabs, you grant Future Cabs a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Future Cabs’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Future Cabs in its sole discretion, whether or not such material may be protected by law. We at Future Cabs may, but shall not be obligated to, review, monitor, or remove User Content, at Our sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Future Cabs does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. In case of any theft or loss of your device you are advised to change your password immediately, otherwise it may result in unauthorized use of the service and might reveal and risk the misuse of third party’s confidential information to any unauthorized person. In case of any loss occurred to Us or to any third party due to unauthorized use of your device you will be liable for the same. It will be your sole responsibility to keep your device and account safe at all time, to keep your device password protected and to changes your account password immediately in case of theft or loss of your devices.

Confidentiality
You agree that you will maintain the secrecy and confidentiality of the third party information that We will provide to you as mentioned in the second paragraph of the clause titled as "The Services". You will not use the information for any other purpose other than to communicate with the users for their pickup location or any other service related information. You will not use the information for your personal use or interest other than to schedule transportation services. You will not save the information or any part of it on your device or note it down on paper. You will not share the information of the third party to any other person. In case you misuse or share the personal information of a third party, entrusted with you, We can terminate your account with Us and We can prosecute you under a law in force. You also agree that you will not disclose or share any information related to Us or provided by Us to any other person or use the same in any manner not set in this agreement.

Intellectual Property
Future Cabs alone shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or other information provided by You or any other party relating to the Website, Application or the Service.

Third party trademarks may appear on our Website and 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.

These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Website, the Application or the Service, or any | Future Fiacre Pvt. Ltd. | Future Cabs’ intellectual property rights owned by Us. 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 Website/ Application.

You may use information on the Website purposely made available by Us for downloading from the Website, provided that You do not remove any proprietary notice or make any modifications in the information and use the information only for your personal non-commercial use and will not copy or post or broadcast it on any media.

4  Payment

You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider ("Charges"). After you have received services, through your use of the Service, We will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by us. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. We will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

All Charges are due immediately and payment will be facilitated by Ususing the preferred payment method designated in your Account, after which Future Cabs will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Wemay, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you andFuture Cabs, We reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in our sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Future Cabs will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Future Cabs may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services provided. Except with respect to taxicab transportation services requested through the Application, Future Cabs does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Future Cabs (on Future Cabs’ website, in the Application, or in Future Cabs’ marketing materials) to the effect that tipping is "voluntary" "not required"? and / or "included" in the payments you make for services provided is not intended to suggest that Future Cabs provides any additional amounts, beyond those described above, to the Third Party Provider. 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 obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.We shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Cab. The Convenience Fee or Access Fee shall be payable by You to Us and shall be informed to You before You begin your ride.

Provider shall charge Fare to You for the Ride offered to You by the provider.

You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.

You shall be required to pay such Cancellation Fee, which will form part of the receipt of the Total Ride Fee.

In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.

All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, and Cancellation Fee shall be borne and payable by you.

You shall choose to pay for the Service Fee by either of the following methods:

Cash payment
Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver.

E-Wallet payment
Future Cabs offers You the facility of making an online paymentthrough an E-Wallet powered by a third party payment processor ("Payment Processor"). The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that We engages for the purpose. We will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E-Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver. When You choose to make an E-Wallet payment, We shall collect the Fare on behalf of the Provider who will be responsible for providing the transportation services.

Credit Card/ Debit Card/ Net Banking Payment
Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services ("PG"), authorized by Us. Such PG may either be our or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to Us and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposesof the Website 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 Our 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 Website or Application and at the sites of any of Our affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.

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. We shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.

5.  Cancellation Policy

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:

Cancellation Fee will be charged:

  1. If you cancel after [5] minutes after the cab is allotted or
  2. If a driver cancels after waiting at Your location for more than [5] minutes
  3. Notwithstanding the foregoing, if the Driver is delayed by more than [10] minutes to pick You, You will not be charged any Cancellation Fee.

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.

We 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.

The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.

6.  Modification of the service and user terms

Future Cabs 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.

Future Cabs 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 Website to view the most current User Terms. You can determine when Future Cabs 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. Future Cabs may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Website 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 Website and the Services is subject to the most current version of the User Terms made available on the Website at the time of such use.

7.  Disclaimers, Limitation of Liability, Indemnity, Force Majeure

Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". FUTURE CABS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FUTURE CABS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FUTURE CABS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

YOU AGREE THAT FUTURE CABS IS MERELY AN ELECTRONIC PLATFORM TO FACILITATE AGGREGATION OF VEHICLES AND DOES NOT IN ANY MANNER PROVIDE TRANSPORTATION SERVICES. FUTURE CABS DOES NOT ENDORSE, ADVERTISE, ADVISE OR RECOMMEND YOU TO AVAIL THE SERVICES OF ANY DRIVER. FUTURE CABS ALSO DOES NOT GUARANTEE OR PROVIDE ASSURANCE IN RESPECT OF THE BEHAVIOUR, ACTIONS OR DATA OF THE USERS POSTED ON THE SITE.

Limitation of Liability
FUTURE CABS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FUTURE CABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUTURE CABS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FUTURE CABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUTURE CABS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FUTURE CABS’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL FUTURE CABS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION.

FUTURE CABS’ SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FUTURE CABSHAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity
You agree to indemnify and hold Future Cabs and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

  1. your use of the Services or services obtained through your use of the Services;
  2. your breach or violation of any of these Terms;
  3. Future Cabs’ use of your User Content; or
  4. your violation of the rights of any third party, including Third Party Providers.

Force Majeure
We shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under these Terms shall be suspended for so long as the Force Majeure Event continues.

8.  Governing Law, Arbitration

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 Website, the Application or the Service, "Disputes" the parties shall attempt to settle the same amicably, through negotiation and consultation at Our office. In the event the dispute is not resolved internally 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 Future Cabs and You. The place of the arbitration shall be in Chandigarh, unless otherwise mutually agreed by Future Cabs and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Chandigarh, India.

9.  Other Provisions

Claims of Copyright Infringement
Claims of copyright infringement should be sent to Future Cabs' designated agent. Please visit Future Cabs' web page https//futurecabs.net for the designated address and additional information.

Notice
Future Cabs may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Future Cabs by written communication to Future Cabs' address at Mr. Rajat, at 402 4th floor, Elante offices Industrial Area Phase-1, Chandigarh.

General
You may not assign or transfer these Terms in whole or in part without Future Cabs' prior written approval. You give your approval to Future Cabs for it to assign or transfer these Terms in whole or in part, including to:

  1. A subsidiary or affiliate;
  2. An acquirer of Future Cabs' equity, business or assets; or
  3. A successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Future Cabs or any Third Party Provider as a result of the contract between you and Future Cabs or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to."

Future Cabs

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Contact Info

Future Fiacre Private Limited

  • Address: 402 A, 4th Floor, Elante Offices, Industrial Area, Phase 1 Chandigarh (160002).
  • Phone: +91 9216242512
  • Toll Free: 1800-313-7880
  • Email: [email protected]