Welcome to our mobile application and / or our website.
These terms and conditions of use (‘’Terms of Use’’) of the Next Cab website and mobile app, is a legal agreement ("Agreement") between Next Cab (“Next Cab”), a partnership firm registered under the laws of India having its offices at Next Cab, Shop No. B-6, Basement, Style Plaza, Jharsa Road, Sector 15 Part-1, Gurugram, Haryana, 122001 and yourself/yourselves. If you continue to browse the website and/or use the mobile application you are agreeing to comply with and be bound by the Terms of Use.
If you do not agree with the Terms of Use, please do not access and use this Website / Application (as hereinafter defined) or our Service through all other means.
These Terms of Use may be modified from time to time in our sole discretion. It is your responsibility to review these Terms and Conditions from time to time. If you continue to use the Service after notice of change has been intimated or published on our Website/Application, you thereby provide your consent to the changed practices on the same terms hereof. For this reason, we encourage you to review these Terms of Use each time you access and use the Website/Application. Most content and some of the features on the Website/Application are made available to Users free of charge. However, Next Cab reserves the right to terminate access to certain areas or features of the Website/Application at any time for any reason, with or without notice.
If you are not agreeable to these Terms of Use, you may not use the Services, the Website or the Application.
Next Cab operates a technology based electronic platform service called ‘Next Cab’ which seeks to provide drivers-on-demand to customers who wish to obtain the services of a driver.
Next Cab enables the hiring of drivers by commuters/ passengers for a point to point pick up and drop off Service, within city limits and outside city limits, through the Application in mobile telecommunications devices and through the Website. The Service is designed to offer you information and a means of obtaining short-term private driver solutions to coordinate point-to-point and round-trip private driver services, at user’s request. As a User, you authorize the opted Driver to operate your vehicle and make decisions on your behalf during a period of time designated by you.
The Drivers offering their services on the Next Cab platform are individuals and independent service providers who have opted to enlist themselves with Next Cab. The drivers are screened and trained prior to being listed as a driver on the Next Cab platform. At no point can the driver represent himself to be an employee of Next Cab. The user terms and conditions in here expressly provide that the drivers are independent service providers and are not employees of Drive Assist.
Further, it is to be noted that Next Cab, in itself does not provide driving / transportation services. The customer offers the mode of transportation. The terms and conditions clearly state that the provision of services by the driver to the customer is, subject to the agreement entered into between them and Next Cab shall under no circumstance be a party to such agreement.
To elaborate, the modus operandi is as follows:
The Application and the Website allows you to send a request for Service to a Driver. The GPS receiver, which should be installed on the mobile device (smart phone) on which you have downloaded the Application or the Website, shall detect your location and shall send your location information to the relevant Driver. Next Cab has sole and complete discretion to accept or reject each request for providing the Service. Next Cab also has sole and complete discretion over whether to use the Application / Website to receive the leads generated through the Application / Website. If Next Cab accepts a request, the Application / Website notifies you and provides information regarding the Driver - including his name and the ability to contact the Driver by telephone or a message.
Next Cab shall undertake commercially reasonable efforts to bring you into contact with a Driver in order to avail the Services, subject to the availability of Drivers in or around your location at the moment of your request for the Services.
Next Cab itself does not provide transportation services. It is up to the User to offer transportation. Next Cab only acts as intermediary between the Driver and you. The provision of the Services by the Driver to you is, therefore, subject to the agreement (to be) entered into between the Driver and you. Next Cab shall under no circumstance be a party to such agreement. Next Cab disclaims any and all liability in respect of the Drivers including any claims of employment or any vicarious liability arising out of the Service or otherwise.
User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by Next Cab. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services.
Next Cab advises its Users that while accessing the Website/Application, they must follow/abide by the applicable laws. Next Cab may, in its sole discretion, refuse the Service to anyone at any time.
This Agreement applies to all Services offered on the Website/Application, collectively with any additional terms and condition that may be applicable.
To use the Services, you have to be registered and provide your name, contact number, email address and other details. Please see our Privacy Policy and practices to know more about how your personal information would be used.
As a precondition to your use of the Services, you represent and warrant that:
The information you provide to Next Cab is accurate and complete. Next Cab service is only available for private cars for non-commercial purposes within the city limits as designated on our Website. Private cars for non-commercial purposes bear license plates with black lettering over white colored background (Commercial vehicles have license plates with black lettering over yellow colored background). You will ensure that Next Cab service is being utilized only for non-commercial purposes in a private car. Next Cab is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application / Website without providing reasons.
You will only access the Service using authorized means. You are responsible to check and ensure you download the correct Application for your device or the correct Website in your computer. Next Cab shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device or Website for the computer. Next Cab reserves the right to terminate the Service and the use of the Application/ Website should you use the Service or Application with an incompatible or unauthorized device.
You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind.
You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance, etc., including, but not limited to, personal injuries, death and property damages.
You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind and neither Next Cab nor the Driver shall be responsible in any manner whatsoever. You have the legal right to designate the Driver as your agent and delegate actual authority to the Driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through the Next Cab platform.
You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event Next Cab shall have no responsibility or liability on this account whatsoever.
You specifically authorize us to use, store or otherwise process your 'Sensitive personal data or information’ (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law all information provided to us by you shall be deemed to be our information to use, as we desire.
You will obey all applicable laws related to the matters set forth herein and will be solely responsible for any violations of the same.
Next Cab drivers will wait no more than 15 minutes from the requested trip start time, before they start the trip timer.
When a trip ends, Next Cab driver calculates the total fare amount due from You and it was communicated earlier also at the time of booking and shown on pricing policy on the website. You may pay the amount via cash or a variety of online payment options available on the website. Any payment related issue, except when such issue is due to an error or fault in the Site or Application, shall be resolved between You and the payment processor.
The information, recommendations and/or Services provided to you on or through the Website/Application are for general information purposes only and do not constitute advice. Next Cab will take reasonable steps to keep the Website/Application and its contents correct and up to date but does not guarantee that the contents of the Website/Application are free of errors, defects, malware and viruses or that the Website/Application are correct, up to date and accurate.
Next Cab shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.
Next Cab shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Next Cab’s aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.
The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such transportation services to you. Next Cab under no circumstance accepts liability in connection with and/or arising from the Services provided by the Driver or any acts, actions, behavior, conduct, and/or negligence on the part of the Driver.
We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( “Force Majeure” ).
If we have contracted to provide identical or similar Service to more than one User and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill by providing the Service, and to what extent.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.
In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, Next Cab reserves the right to seek compensation from any and all such Users.
Next Cab does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from or contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
Offers are subject to Next Cab's discretion and may be withdrawn at any time and without notice.
Next Cab is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics, sound, video etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Next Cab.
All rights, not otherwise claimed under this Agreement or in the Website /Application, are hereby reserved. The information contained in this Website/Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
You may access the Website/Application, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website/Application Content, features or facilities, directly or indirectly, without our prior written permission of Next Cab.
All content on this Website/Application is the copyright of Next Cab except the third party content and link to third party website on our Website/Application, if any.
Systematic retrieval of Next Cab content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Next Cab is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Terms of Use is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website/Application to infringe the intellectual property rights of others in any way. Next Cab reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if Next Cab believes that User’s conduct is harmful to the interests of Next Cab, its affiliates, or other Users, or for any other reason in Next Cab's sole discretion, with or without cause.
Next Cab reserves the right to collect User data including name, contact information and other details to facilitate Services or use of its platform to avail Services. All information collected from the User are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users.
User accounts bearing contact number and email IDs are created and owned by Next Cab. Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User.
In the case where the system is unable to establish unique identity of a User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Next Cab reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.
For any other queries on Next Cab and its services, please write in to us at booking@nextcab.in.
Links to third party sites are provided by the Application / Website as a convenience to Users and Next Cab does not have any control over such sites i.e., content and resources provided by them.
Next Cab may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Users acknowledge that Next Cab has no control over such third party's site, does not monitor such sites, and Next Cab shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Next Cab reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Next Cab and/or other Users to the Website/Application. Next Cab reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different Users.
We reserve the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without liability: (i) if you have violated any of the Terms of Use; (ii) if you have furnished us with false or misleading information; (iii) pursuant to requests by law enforcement or other government agencies; (iv) in case of unexpected technical or security issues or problems; (v) in case of discontinuance or material modification to the Services (or any part thereof); and / or (vi) in case of interference with use of our Website/Application by others.
In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. You will not and not attempt to create another account for accessing and using the Website/Application without the written consent of Next Cab.
This Terms of Use shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Uses and Indemnification. You agree that we will not be liable to you or any third party for taking any of these actions.
Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.
The following terms & conditions shall apply to Users utilizing the Services offered by Next Cab:
The User shall pay the driver fare (as displayed in the Next Cab web) or as agreed to in the terms of use as listed on the Application / Website, parking charges, additional night surcharge (where applicable), one way trips, toll charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
The User agrees and accepts that the use of the Services provided by Next Cab is at the sole risk of the User, and further acknowledges that Next Cab disclaims all representations and warranties of any kind, whether express or implied. All Services are provided “AS IS”.
The Next Cab or the Driver has the right to refuse the Service in the following circumstances:
If the User is found to be in an intoxicated state or is found misbehaving with other passengers or the Driver, or is causing a nuisance;
if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Driver; and if the User asks the Driver to break any traffic/RTO/city police and/or government rules for any purpose The Driver has the right to refuse such a request by the User.
Without prejudice to the above, Next Cab makes no representation or warranty that:
the Services will meet the User’s requirements; and the Services will be uninterrupted, timely, secure, or error-free.
The information on this Website/Application is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall Next Cab be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. If any User misses his/her train or flight or bus, Next Cab will not be liable for any compensation.
Next Cab is hereby authorized to use the location-based information provided by any of the telecommunication companies when the User uses the mobile phone to make a booking. The location-based information will be used only to facilitate and improve the probability of locating a Driver for the User.
Next Cab shall be entitled to disclose to any government body the particulars of the User in the possession, in its absolute discretion.
Next Cab shall be entitled at any time without giving any reason to terminate the booking of Drivers done by the User.
If the User has any complaints in respect of the Services or the use of the Driver, the User has to inform Next Cab of the same in writing within 24 hours of using the Driver or the Services.
Next Cab shall not be liable for any conduct of the Drivers. However, Next Cab encourages you to notify it of any complaints that you may have against any Driver or the Services.
We provide an optional Trip Insurance when you book a Driver using the App, at a nominal premium in association with a third-party insurer. When you book a trip on the Next Cab App, you will be asked to ‘Secure your booking’ prior to requesting a driver. This insurance is valid through the duration of this trip. The details of policy coverage and the cost of coverage is also provided on the App and specified in the section 3 & 4 of this T&C. This Trip Insurance is not available if you book your driver through Website or Phone booking
Should you choose or not able to procure this insurance offered by Next Cab, we are not responsible for, damage or loss of any personal belongings or intellectual property whilst providing the Services. These include tapes, records, discs or other similar audio visual or data electronic devices, any speed measuring equipment within the vehicle or any other accessories of any kind. It is your responsibility to ensure that you remove any personal belongings from the car before and after each Next Cab service arranged through Next Cab.
The User shall defend, indemnify and hold, Next Cab, its affiliates, its licensors, and each of their 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 the:
Violation or breach of the Terms of Use or any applicable law or regulation, whether or not referenced herein; violation of any rights of any third party, including the Driver via the Application and or the Website; and use or misuse of the Application/Website or Service.
The information contained in this Website/Application is for general information purposes only. The information is provided by Next Cab and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website/Application or the information, products, services, or related graphics contained on the Website/Application for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.
In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website/Application or Service.
Every effort is made to keep the Website/Application up and running smoothly. However, Next Cab takes no responsibility for, and will not be liable for, the Website/Application being unavailable due to technical issues beyond our control.
The above mentioned Terms of Use and the Privacy Policy constitute the entire agreement between the User and Next Cab with respect to access to and use of the Website/ Application and the Services offered by Next Cab, superseding any prior written or oral agreements in relation to the same subject matter herein.
The courts of Gurgaon, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Next Cab or the Terms of Use or any arrangement between Next Cab and the User.
You agree, undertake and confirm that Your use of Site shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
Belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services; or
that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person; or
Misleading in any way; or
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his/ her guardian in the case of minor; or
tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout these T&Cs, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; or
interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services; or
refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Site, contains content that would be prohibited or violates the letter or spirit of these T&Cs; or
harm minors in any way; or
is fraudulent or involve the sale of counterfeit or stolen items; or
violates any law for the time being in force; or
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
impersonate another person; or
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site; or
threatens 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 to any other nation; or
is false, inaccurate or misleading; ordirectly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
creates liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Next Cab, including any of Our account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Our systems or networks, or any systems or networks connected to the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these T&Cs, or to solicit the performance of any illegal activity or other activity that infringes the rights of Next Cab or others.
You shall not use the Services or Site in any manner that could damage, disable, overburden, block or impair any of the server connected to the Site. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.
You may not reverse engineer, decompile and disassemble any software used to provide the Services.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Next Cab or its merchants on platform or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
You have the option to request Us to send You information regarding services, discounts and promotions provided by Us. If you require Us to provide You information from Us regarding offers, discounts and promotions relating to the Services availed by You, click "Yes", otherwise click "No". If you click "Yes", We or an authorised representative, shall provide the above information 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 Our Site to discontinue the same. Solely to enable Us to use the information so that We are not violating any rights You might have in Your Information, You agree to grant Us 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. We will only use Your Information in accordance with these T&Cs and Our Privacy Policy.
You shall not engage in advertising to, or solicitation of, other users of the Site to buy or sell any products or services, including, but not limited to, services related being displayed on or related to the Site. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Site. It shall be a violation of these T&Cs to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Site without Our prior explicit consent. In order to protect Our users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which We may deem appropriate in Our sole discretion.
You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Site. We shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these T&Cs. Notwithstanding this right of Next Cab, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Site.
It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to your use of the Site, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by using the Site. You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on the Site. Please carefully select the type of information that You publicly disclose or share with others on the Site, or from the Site on other social platforms (eg, but not limited to Facebook).
We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Next Cab’s performance of this T&Cs is subject to existing laws and legal processes of Government of India, and nothing contained in the T&C is in derogation of Next Cab's right to comply with law enforcement requests or requirements relating to your use of this service or information provided to or gathered by Next Cab with respect to such use. You agree that Next Cab may provide details of your use of the service to regulators or police or to any other third party, or in order to resolve disputes or complaints which relate to the service, at Next Cab’s complete discretion.
Each user may be issued a personal identification number (PIN) to enable use of Next Cab services for accessing his/her Account on Internet and also for availing any privilege, benefit or service that may be offered by Next Cab or to make transactions using SMS. The PIN will be communicated to the Cardholder entirely at his/her risk, who shall not disclose the PIN to any person and shall take all possible care to avoid its discovery by any person. The user shall be liable for all transactions made with the use of the PIN, whether with or without the knowledge of the Cardholder. Next Cab reserves the right to refuse any transactions if it believes that the PIN is being misused or being used without appropriate authorization.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these T&Cs, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
You may use information on Our services purposely made available by Us for downloading from the Site, provided that You:
do not remove any proprietary notice language in all copies of such documents; or
use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
make no modifications to any such information; or do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (“Posted Content”). Such Posted Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Posted Content. We shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by Us in the manner that We deem fit, consistant with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Us.
Upon successful registration, You can start availing Our Services through Next Cab Wallet.
The features of Next Cab Wallet are as follows:
Currency of issue. Indian Rupees only.
Transferability: RBI Regulations prohibit transfer of the Accounts and/or Next Cab Wallets from the Customer to any third party. Validity period. 3 years from the date of activation/issuance to the holder.
Maximum permissible period of non-use of the Next Cab Wallet (“Permissible Period.”) 6 months either from the date of issuance or from the date of the last use of Services occurred.
We reserve the right to forfeit the balance in Your Account at the time of expiry of the Next Cab Wallet or in case the Wallet is not used beyond the Permissible Period. We shall intimate You about such forfeiture and expiry of the Next Cab Wallet or the Permissible Period 30 days’ prior to expiry of Your Account or the Permissible Period, before forfeiting outstanding balances in the Account if any. The intimation shall be sent to registered e-mail id or phone number. We shall not be held responsible or liable for any failure of delivery of the intimation. Further, You agree and acknowledge that You shall have no claim against Us for the balance forfeited from your Next Cab Wallet.
All Transactions shall be subject to the amount of the outstanding balance existing in the Next Cab Wallet at the time of making a transaction, Domestic Money Transfer Guidelines as issued by RBI or any other limit as may prescribed by Us from time to time.
There are no Charges and fees levied by Next Cab Wallet to the registered customer for the use of the Next Cab Wallet service. We reserve the right to change Our policies and any Charges from time to time. In particular, We may at Our sole discretion introduce new services and modify some or all of the existing Services offered on the Site. In such an event, We reserve, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on the Site.
You can reload Next Cab Wallet referred to as Lifetime Balance by using only those modes of the payment as enabled by Us. These payment modes may be revised by Us from time to time. Lifetime Balance is governed by RBI rules as specified in Section 7.1 of this Agreement.
Next Cab may from time to time add funds into Your Next Cab Wallet which is referred to as Promotional Balance. Promotional Balance is a fund that is added to Your Next Cab Wallet via marketing promotions such as cashback, referral and other rewards. Promotional Balance expires after 30 days.
When You opt to load money into Your Next Cab Wallet You will be required to provide certain information ("Payment Details") for the purpose of reloading. You acknowledge and agree that by providing such Payment Details You authorise Us to reload Your Next Cab Wallet. The Payment Details You provide must be true, complete, current and accurate. We do not bear any liability for the consequences if You provide false, old, incomplete or incorrect Payment Details.
You represent and warrant that You are legally and fully entitled to use any debit card, credit card, bank or any other mode that You may use to load funds into Your Next Cab Wallet. We shall not be held responsible in case You don’t have sufficient funds or authorised access to use such mode to load Your Next Cab Wallet.
You hereby authorize Us to hold, receive and disburse funds in Your Next Cab Wallet in accordance with any payment instructions We receive from You. Among other things, Your authorization permits Us to debit or credit the bank account associated with Your Payment Details. Your authorization will remain in effect as long as You maintain an Account with Us.
When We receive payment instructions from You to pay a Merchant, You authorize and order Us to commit Your payment to that Merchant. This authorization will remain in effect as long as You maintain an Account with Us.
In the event that You have any dispute with the Merchant in relation to the goods or services provided to You by a Merchant for any reason, We recommend that You report the matter to the concerned Merchant in question. Neither Next Cab shall be liable for the goods nor services provided by Merchants and cannot be made a party to the disputes between a Merchant and You.
Please note that Wallet to Wallet transfer facility is not available at present. We shall notify You about the terms and conditions governing it as and when the same are available.
Please note that the Wallet to Bank transfer facility is not available at present. We shall notify You about the terms and conditions governing it as and when the same are available.
In the event that You desire a refund on any amount that has been debited from Your Next Cab Wallet, please email care@Next Cab.in and make a refund request clearly explaining the circumstances of your refund request.
Where We determine that a refund request is valid, We shall make reasonable efforts to grant the refund request and return the requisite funds to Your Next Cab Wallet.
Please note that RBI regulations do not permit Us to refund any balance existing in Your Next Cab Wallet back to You since this is a Closed Wallet.
In case Your Next Cab Wallet is erroneously loaded / reloaded, after assessing the validity of the written request from You, We shall process to credit the funds to the same source from where these were received.
We will make reasonable efforts to respond to Your refund request at the earliest. Please note that We will not be responsible for delays, which may be caused by any third parties such as banks and Merchants, on whom We rely while processing Your refund request or delay caused in the case of any or any force majeure events which are beyond Our reasonable control. Therefore, We bear no liability for the processing of the refund requests.
You may have the right to initiate a chargeback request in accordance with the terms and conditions of Your debit or credit card scheme or your bank account. Please note that Your chargeback request will be processed by Your debit/ credit card provider or your bank and not by Us. Therefore, We bear no liability for the processing of the chargeback requests.
We reserve the right to review Your Account and transaction history pursuant to a chargeback request, in order to determine the occurrence of fraud. If We have any reason to believe that there has been fraudulent activity on Your Account, We reserve the right to terminate, block or suspend Your Account with immediate effect.
We are reliant on third parties such as banks to deliver timely Services. Since, We cannot control the actions of such third parties, We will not be responsible to render Services or process payments or refunds on the following days (“Non-Working Days”):
days which are declared as holidays by the RBI, or any other day which is declared a holiday by Us.
days including Saturdays and Sundays and declared as bandhs or festivals in any State or Union Territory in India. We will continue to render Services which do not involve that particular State or Union Territory in which a bandh or festival has been declared on that day.
All trademarks, brands and service marks used in connection with the Site or Services offered by are owned by Next Cab is Next Cab’s property; Next Cab owns all copyrights and intellectual property rights and database rights in connection with the Services and the Site. 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. Third party trademarks may appear on this Site and all rights therein are reserved to the registered owners of those trademarks.
You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and 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 interface/Site.
Next Cab is the sole and absolute owner of all and whatsoever the intellectual property rights in the trade mark Next Cab and the design in respect thereof and that Next Cab will be entitled to take any legal action against any person invading and/or encroaching upon the said rights of Next Cab.
If We have a reason to believe that any payment instructions made on Your Account have been fraudulently made, We will suspend and deny You access to Your Account in order to investigate and report the suspicious activity. Such suspension will continue in effect till the conclusion of the investigation.
Please note that We are reliant on a number of third parties such as banks and Merchants while conducting the investigation. However, We will make every reasonable effort to conclude the investigation at the earliest.
Upon conclusion of the investigation and based on its results, We may be required to terminate Your Account with immediate effect.
We do not take responsibility or liability for the actions, products, content and services on the Site, which are linked to affiliates and / or third party websites using Our APIs or otherwise. In addition, We may provide links to the third party websites of affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them, and We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof.
We welcome links to this Site. 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 trademarks, service marks or any other materials appearing on the Site, including any logos or characters, without Our express written consent and the owner of the mark or materials. 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.
We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or due to RBI Regulations or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever. You can terminate Your Account by submitting a request to Us at booking@nextcab.in We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all Transactions that occurred prior to termination of Your Account.
Except for Our limited role in processing payments that You authorize or initiate, We are not involved in any underlying transaction between You, any other Customer, Merchant, bank or other third party. We are not a selling agent in relation to any sale of goods or services to You by any Merchant any other third party. We will always endeavor to provide the Services to the best of our ability. You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors, which do not lie within our control.
We shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any goods or service that You may purchase using Next Cab online payment method. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, We do not warrant that:
We will take every reasonable effort not to share any of the Payment Details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under RBI Regulations and Applicable Laws, or to the limited extent necessary for Us to implement any payment instructions We receive from You. Please read Our Privacy Policy for further details regarding the use of Your Personal Information. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.
We make no express or implied representations or warranties about Our Services or the Site and disclaim any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on Our behalf and You may not rely on any statement of warranty as a warranty by Us.
Next Cab and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Next Cab or any other person's negligence or otherwise).
You furthermore acknowledge and accept that we may not encrypt any Content or communications from and to our Site.
Content and advertisements provided as part of a Service: You understand that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use. We may periodically send promotional emails, SMSs or push notifications to you about services offered by our advertisers and ourselves.
Where we publish or provide Content or advertisements as part of a Service we do not: warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or endorse the Content or advertisements; and you will obtain independent professional advice at your own cost before you take any action based upon such Content or advertisements.
Your correspondence or dealings with, or participation in promotions of advertisers through the Service, and any other terms, conditions, warranties or representations associated arising there from, lie between you and the advertisers. You agree that we shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.
In many cases, we provide services of third parties, or our Services in conjunction with that of third parties. In those cases, the following conditions apply: We provide such services subject to the terms, conditions and limitations imposed by those third parties. If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the Services to you without notice. We may nevertheless endeavor to provide such a Service in another way or by using another third party. You authorise us to provide any of your Personal Information (as defined in our Privacy Policy) to those third parties to the extent that it may be necessary to enable the third parties and ourselves to provide the services to you. To the extent that there is a conflict between the third party's Terms and Conditions and these Terms, these Terms will prevail.
When you acquire goods, software or any other services from a third party through any of our Services, you understand and agree that: we are not a party to the contract between you and the third party; we are under no obligation to monitor the Third Party Service used by you; the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees; you will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service; and you indemnify us against any damages, howsoever arising from your acquisition and use of the goods, software or service.
We also reserve the right to reject or refuse any Third Party Service used by you in conjunction with our Service.
Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to: Next Cab, Shop No. B-6, Basement, Style Plaza, Jharsa Road, Sector 15 Part-1,Gurugram, Haryana,122001
E-mail: booking@nextcab.in
All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
You will be subject to Our T&Cs and privacy policy
Any notice given by Next Cab hereunder will be deemed to have been received by you within 7 days of posting your address last notified in writing to Next Cab or, within 24 hours of sending the same via e-mail or SMS at the e-mail address specified by you or your registered mobile phone number. Any notice may also be sent by fax or communicated verbally and confirmed in writing by post or fax. Next Cab shall not be held accountable for delays in receipt of notices by post. In the event of any change in your e-mail and/or employment and/or office and/or residential address and/or telephone numbers, you shall inform Next Cab promptly in writing or by e-mail and must confirm the same by mail or fax.
You will defend, indemnify and hold harmless Next Cab and each of their affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: to the use or misuse of Services or any violation of these T&Cs. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT WITH THE SITE. IN NO EVENT SHALL Drive BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OUR ARISING OUT OF YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED ₹ 10,000/- (RUPESS TEN THOUSAND ONLY).
Without in any way limiting the above, Next Cab shall not be liable or responsible to you for any loss, damage, expense, claim or liability arising directly or indirectly out of any defect or deficiency in any goods and services purchased by you or availed as a benefit, privilege or facility attached to the service; refusal by or inability of a Merchant Establishment to honor or accept the service; handing over of the relevant access control/password/PIN by you to any unauthorised person; any injury to the credit, character and reputation of yours alleged to have been caused by the repossession of the service and/or request for its return.
All the services to be availed of and /or the goods to be purchased /procured by the Customer from the third parties under the agreement herein, will be so purchased/procured by the Customer at his own risk and costs. The Service Provider shall not be liable and/or responsible in respect of the title, quantity, quality or any other aspect thereof and no guarantee, warranty or any indemnity shall be given or deemed to be given by the Service Provider in respect thereof.
We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.
We respect the intellectual property of others. In case You feel that your work has been copied in a way that constitutes copyright infringement, You can write to Us at booking@nextcab.in
Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.
We reserve the right to change any of the T&Cs or any policies or guidelines governing the Site or Services, at any time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the Site and We may send You an automated e-mail to Your registered e-mail ID or SMS informing about the changes made and You would be required to view the modified changes on the internet. By keeping or using the service after notification, You are deemed to have agreed to the amendment/change. If You do not agree with any amendment of the terms and conditions You may cancel the service by informing in writing to Next Cab or closing your account on the internet or by SMS.
Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Site. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Site or using Our Services immediately.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at booking@driveasists.com
The procedure of escalation of complaints shall be as follows:
Escalation: Write to booking@driveasists.com
Response Time: Seven Business Days
To, Attn: Next Cab.
Address: Next Cab, Shop No. B-6, Basement, Style Plaza, Jharsa Road, Sector 15 Part-1,Gurugram, Haryana,122001
E-mail: booking@nextcab.in
Response Time: Fifteen Business Days
If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.
Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation. If the Dispute is not settled amicably as aforesaid within a period of [14] (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer.
The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Mumbai.
This T&Cs shall be governed by and construed in accordance with the laws of India and, subject to this Clause 30, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Mumbai, India only.
Any costs incurred by Next Cab towards enforcement of its rights and recovery shall be debited to your account.
Where Next Cab acts on good faith in response to any oral or electronic instruction or inquiry from you in respect of any matter in relation to your account, you will not be entitled to claim or allege any loss, damage, liability, expense etc., attributable, directly or indirectly, to any such good faith action of Next Cab and you agree to hold Next Cab harmless in respect thereof.
If required by law to do so or if considered necessary to do so for proper management of credit or business risk, Next Cab reserves the right to disclose any and all Cardholder information, including default in any payments or misuse of the service, to any court of competent jurisdiction, quasi judicial authority, law enforcement agency, relevant wing of the Central Government or State Government, your employer, credit reference agency, financial institution or any company which is an affiliate or associate or parent or subsidiary of Next Cab 31.4 You hereby agree that the application and copies of all documents submitted in support thereof and for the ongoing operation of the Next Cab Account by you to Next Cab are and shall remain the sole and exclusive property of Next Cab, and Next Cab shall not be obliged to return the same to you upon your request or upon termination of this Agreement.
You agree to comply with all applicable laws and regulations from time to time which govern or may be affected by the use of the service.
Next Cab, our parent, subsidiaries, employees and our suppliers provide our services "as is" and without any warranty or condition, express, implied or statutory. Next Cab, our parent, subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
In no event shall Next Cab, our parent, subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our web site, our service, or the T&C (however arising, including negligence). Next Cab shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but Next Cab makes no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control.
You are aware of all security risks, including possible third party interception of any of your transactions and statements of account on the Internet and the contents of your transactions or statements of account becoming known to third parties. You agree and undertake that you shall not hold Next Cab liable therefore in any way. The use and storage of any information, including without limitation, the Card number, PIN, password, account information, transaction activity, account balances and any other information available on your Internet access device or computer or mobile phone is at your own risk and responsibility. 31.9 As your account ID is connected to your mobile number, it is your responsibility to inform Next Cab in case you terminate using the mobile number that corresponds to your account ID. The account ID corresponding to the mobile number you register with can be accessed by you only till the time you have access to the corresponding mobile number. It is your responsibility to transfer your account ID to a new mobile number if and when you change your number. You are also liable for ensuring the security of your PIN. In case of loss of your mobile phone and/or Next Cab Password/PIN, you should intimate Next Cab in writing immediately. Next Cab shall make every attempt to block access to your Next Cab account under such circumstances, however, Next Cab shall not be liable for any losses a user may incur due to the above. The responsibility to safeguard the Next Cab coupon balance rests entirely with the user.
By signing up for Next Cab services, you also allow Next Cab to send you emails and SMS alerts from time to time.
Next Cab 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