These terms and conditions ("User Terms") apply to your use of the website and Services (the"Website") and the Moovlee Application whether through a computer or a mobile phone. The Application is operated by Xenops Technologies Private Limited, and its subsidiaries, licensees, and affiliated companies. For the purposes of this User Terms, "Moovlee" shall mean Xenops Technologies Private Limited. "You" and "your" means a person who meets the eligibility criteria set out below. PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING THE SERVICE AND WEBSITE. These customer terms and conditions ("T&Cs") apply to Your access to, and use of the Moovlee Application. The Application is operated by XENOPS Technologies Private Limited, and its subsidiaries, licensees, and affiliated companies. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage of the Application, You are consenting to be bound by these T&Cs for use and access of the Application. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE APPLICATION, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of the Customer Terms and Conditions, then please don't use the Application or avail any of the Services being provided therein. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Moovlee IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE SITE.


Services

Moovlee offers information and a means to obtain transportation services offered by third party service providers, drivers or vehicle operators ("TPSP"), which may be requested through Website, or through any other channel made available by Moovlee for "booking" purposes. All services provided by Movelee to you by means of your use of the booking channel, for booking purposes, are hereinafter referred to as the "Service".


Agreement between Moovlee and you

By using the Service, you enter into a contract with Moovlee (the "Contract"). In order to be able to use the Service, you first need to read and accept the terms and conditions on the website. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service.


How to use the service?

The service allows you to send a request through Moovlee to a TPSP in Moovlee network. The TPSP has sole and complete discretion to accept or reject each request for service. If the TPSP accepts a request, Moovlee notifies you and provides information regarding the TPSP - including driver name, vehicle license number - and the ability to contact the TPSP by telephone.

Moovlee shall procure reasonable efforts to bring you into contact with a TPSP in order to obtain transportation service, subject to the availability of vehicles with TPSP. For the avoidance of doubt: Moovlee on its own, does not provide transportation services, and Moovlee is not a transportation carrier. It is up to the TPSP to offer transportation services, which may be requested through the use of the Service. Moovlee only acts as intermediary between you and the TPSP. The provision of the transportation services by the TPSP to you is therefore subject to the agreement (to be) entered into between you and the TPSP. Moovlee shall in no event be made a party to such agreement.


Your use of the service

Our Services are available in regions set out in www.moovlee.com. You warrant that the information you provide to Moovlee is accurate and complete for the information requested by the respective channel of booking. Moovlee is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. Moovlee will not be responsible for any loss, damage or disruption of service due to error in data provided at the time of booking.

You may place a booking through our website www.moovlee.com. It is mandatory to register with a valid mobile number and e-mail at the time of first booking. By signing up, you also agree to the User Terms governing the site. Moovlee will store the information provided for contacting you for all service related matters. You shall promptly inform Moovlee on any change in the information provided, in order to serve you better.

You are prohibited from posting defamatory, obscene, pornographic, profane, threatening or unlawful material in our forums or our user feedback sections. Moovlee.com will fully cooperate with any law enforcement authorities or court order requesting or directing www.moovlee.com to disclose the identity of anyone posting such materials. Moovlee.com may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates www.moovlee.com policies in any way.


Confirmation of Booking

Moovlee shall, upon receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability of vehicles at the pickup date, which shall be informed to you vide an sms and email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre at +91 4224399777 for Tamilnadu. 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/email or failure to inform Moovlee of the incorrect details immediately.


Payment

We accept 100% payment in cash. Payment to be made after the completion of transportation services, to the driver nominated by the TPSP. You are responsible for the timely payment of all fees in cash to the driver nominated by the TPSP.

Moovlee will generate the invoice on behalf of the driver servicing your request, which will be sent across to your registered e-mail. Please note that the charges mentioned in the invoice are inclusive of waiting charges.


Cancellation policy

You may choose to cancel the booking before the trip starts, without any cancellation charges for all services.


Messaging

You may, upon availing or attempting to avail the Services, receive messages in your mobile phone from Moovlee regarding the following: (i) confirmation of booking; (ii) Moovlee declining your booking; (iii) providing driver details; and (iv) total fees to be paid. However, the above list is not exhaustive in nature and you may receive additional and different messages from Moovlee. You hereby understand, agree and give consent to the receipt of such messages from Moovlee.


Customer Responsibilities

Smoking and drinking are absolutely prohibited in the Vehicles. You shall be liable to pay to additional fees if the driver of the Vehicle complains to us about the same. You shall also not misbehave with the driver of the Vehicle. You shall also be liable to pay the fees as set out below. In the event you fail to pay fees after the completion of the trip, we may at our discretion, take such steps as may be available to us under law. You shall also be blacklisted as a result of non-payment of fees or misbehaving as the case may be and you shall not be eligible to avail of our Services in future.


Customer Relationship Management

All issues, opinions, suggestions, questions and feedback while availing our Services may be communicated to us through email address mentioned on the trip bill received. This is the official and only channel for redressal of any customer issue.

Reporting of any issue needs to be within 7 days of the happening of the issue, failing which, such issue will not be addressed.

Any issue reported on channels other than the above may be addressed by Moovlee only on a best-effort basis. Moovlee takes no liability for inability to get back on other channels. Moovlee shall respond to your issues within 2 working days of your reporting the same. Moovlee shall endeavor to resolve the same within 10 working days. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Moovlee shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.


Indemnification

By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold Moovlee, 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: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including TPSPs arranged via the Website or through our call center or (c) your use or misuse of the Website or Service.


Liability

The information, recommendations and/or Services provided to you on or through the Website and by our call centre is for general information purposes only and does not constitute advice. Moovlee will reasonably keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and viruses or that the Website is correct, up to date and accurate. Moovlee shall not be liable for missing trains/flights/events etc as the Service is dependent on many factors not in our control. You must book Moovlee by taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays. Moovlee will not be responsible for any delays and also if you are not ready at the time of arrival of the cab. It is hereby clarified that Moovlee is only a facilitator and shall in no event be made liable for any delays or any losses suffered by you due to such delay.

In the event, there is a delay by the vehicle in the reaching the pickup location beyond 30 minutes of the pickup time, Moovlee shall endeavour to get you in touch with the TPSP whose vehicle delayed in reaching the pickup location. It is hereby clarified that, this and only this, constitutes Moovlee’s liability with respect to delays pertaining to pick up. However, Moovlee at its discretion, and based on the circumstances and consequences of such delay, may reimburse you the amounts paid by you to us or Rs. 5,000/-, whichever is lesser. as liquidated damages.

Moovlee shall not be liable for any damages resulting from the use of or inability to use the channels of booking, including damages caused by wrong usage of website URL, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Moovlee.

Moovlee shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website , or e-mail/sms communication 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. Moovlee shall not be liable for any loss / damages caused due to use of any devices installed in the cab and you will be solely responsible for the same.

You shall take full responsibility of your items and luggage. In case of lost items inside the Vehicle during the journey, Moovlee will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. If you leave any goods in the taxi or have any complaint in respect of the Services or the use of the taxi, you have to inform Moovlee of the same in writing within 24 (twenty four) hours of using the taxi or the services of Moovlee. Moovlee however shall not be responsible for delivering the same back to you. If requested, Moovlee may deliver the misplaced item/s back to you after 3 (three) working days from the date you were informed, subject to the charge of Rs. 500/- for such delivery. Moovlee will not be responsible for any delay in or failure of message due to any technical error or due to any delay on account of service provided by the mobile service provider of the Moovlee or your and /or the person whose number has been provided for booking.

Moovlee will not be responsible for the accuracy of the information, any situations like congestion of network and/or traffic jams and in no event the information sent by way of SMS shall be used for planning a meeting and/or any other purpose. Moovlee shall not be responsible for any delay on account of such situations and information provided is only for sending the SMS about the cab location and trip.

The Moovlee does not assure a complete sustainability of its Service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner. Moovlee shall not be responsible for any loss of communication / information of status update & benefits under the program. All this information will be send on mobile number &/or email ID registered with Moovlee. Moovlee will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation.

Any information sent by Moovlee will be sent only to the mobile numbers/e-mail ids registered on the website of Moovlee or provided to Moovlee call centre and Moovlee will not be responsible for any change in the mobile number/e-mail ids which have not been updated on the website by you. The quality of the transportation services requested through the use of the Service is entirely the responsibility of the TPSP who ultimately provides such transportation services to you. Moovlee promises its best endeavour to provide sufficient training, quality control procedures and processes to ensure best services by TPSPs. However, under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the TPSP or any acts, action, behaviour, conduct, and/or negligence on the part of the TPSP. Any complaints about the transportation services provided by the TPSP should therefore be submitted to Moovlee for escalation to the TPSP.

IN NO EVENT SHALL Moovlee BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEBSITE'S SERVICES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF Moovlee HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO ACCESS THIS WEBSITE OR APPLICATION, AVAIL OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, OBTAINED THROUGH THIS WEBSITE OR APPLICATION OR ANY OTHER EXTERNAL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Moovlee OR ANY OF Moovlee's SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Moovlee AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 5000/- (Rupees Five thousand).


License grant, restrictions and copyright policy

For the purpose of this User Term, the following definitions apply:

"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software , opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials owned or used by Moovlee, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party. “User” means a person who accesses or uses the Service, in this case, you Subject to your compliance with these User Terms, Moovlee grants you a limited, non-exclusive, non-transferable license: to view, download and print any content solely for your personal and non-commercial purposes; and You have no right to sublicense the license rights granted in this section.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Content, except as expressly permitted in these User Terms. You may not reuse any Content without first obtaining the written consent of Moovlee. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Moovlee or its licensors, except for the licenses and rights expressly granted in these User Terms.

Any use by you of the content is entirely at your own risk.


Intellectual Property Ownership

Moovlee alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, or the Service. These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website,or the Service, or any intellectual property rights owned by Moovlee. Moovlee name, logo, and the product names associated with the Service are trademarks of Moovlee, its affiliated companies or third parties, and no right or license is granted to use them.


Third Party Interactions

During the use of the Website, and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, and the Service and are beyond Moovlee's control.

During use of the Website, and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of TPSPs, advertisers or sponsors showing their goods and/or services through a link on the Website or Service. These links take you off the Website, and the Service and are beyond Moovlee's control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Moovlee is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.


Term and Termination of License agreement

The agreement between Moovlee and you is perpetual in nature for each booking in any mode. You are entitled to terminate the agreement at all times by closing your user account at any time by following the instructions on Moovlee's website. Moovlee is entitled to terminate the agreement at all times and with immediate effect if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of Moovlee, misuse the Service. Moovlee is not obliged to give notice of the termination of the agreement in advance. After termination Moovlee will give notice thereof in accordance with these User Terms.


Invalidity of one or more provisions

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.


Disclaimer

It is hereby clarified that, Moovlee being a facilitator, cannot guarantee the availability of a vehicle even though the booking is confirmed. However, Moovlee will endeavour to arrange a vehicle for you, failing which, Moovlee shall inform you 30 (thirty) minutes before the pickup time. Based on your response, Moovlee shall continue searching for a vehicle. However, such failure in providing a cab shall not make Moovlee liable for any damages as you have been informed sufficiently in advance of such unavailability. This Website, and all content on the Website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of the Website , that your access of the Website and/or Application and availing of Services is at your sole risk, that you assume full responsibility for all costs associated with your access and use of the Website and/or Application, and that Moovlee shall not be liable for any damages of any kind related to your access and use of this Website and/or Application.

All images, audio, video and text in the Website and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any character in a video to anybody or anything in any context is purely unintentional and/or coincidental. Moovlee’ rights are subject to the terms of the agreement entered between Moovlee and its content and image providers.


Modification of the service and user terms

Moovlee reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Moovlee may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.


Notice

Moovlee may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Moovlee's account information, or by written communication sent by regular mail to your address on record in Moovlee's account information.


Assignment

You may not assign your rights under these User Terms without prior written approval of Moovlee.


Privacy and Cookie notice

Moovlee collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice.


Applicable law and dispute resolution

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in Bangalore, India, unless you notify Moovlee within one month after Moovlee invoking its right pursuant to this provision to commence court proceedings in India, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.