Driver will work as guide. Provide directions and other pertinent information to user.
A tourist or visitor may not be so aware of everything that one place has to offer so there will be a great need for a tour guide to facilitate your visit and give enough information and service on how you can ultimately enjoy one place. The tour guide will assist us where to go and how to get there and give you information about the place so you can fully enjoy your visit or tour.also guide will help to user to collect any entry ticket and work as helping hand in travel period
If user face any problem on travel time,user can use help button on mobile app then
Our help team will response you.
. You can use our all service without the need to register. You just need to provide your details at the time of booking.
In case the vehicle you booked doesn't give service, we will offer you a full refund immediately.
We try our best to reach our customers on time. But in case of delays, do contact us and we will help you out by either providing an alternate vehicle or return you a full amount.
Peak Time Charge
No any charge.
USER TERMS AND CONDITIONS
These terms and conditions (“T&Cs”) apply to Your access to, and use of the Application (defined hereinbelow). The Application is operated by Grape International Tour & Travels Private Limited.
You acknowledge that Grape is providing you with a revocabale license to use limited features of the Application and is not selling the Application or any features or technologies contained therein.
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. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE THE APPLICATION AND FEATURES CONTAINED THEREIN. If You find any of the T&Cs unacceptable, do not tender your acceptance to use the Application or avail any of its features. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND ANI IN RESPECT OF THE FEATURES OFFERED/AVAILED USING THE MOBILE APPLICATION.
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
“Account” refers to the User’s account on the mobile application GAIN CABS enabling the use of the Application by the User.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of India.
“Application” shall mean the feature/category-icon “Carpool” within the mobile application “GAIN CABS” and shall mean and include any updates provided by GRAPE from time to time.
“Car-pooling” shall mean the offer of, and acceptance, by the Traveller (defined hereinbelow) and the Co-Traveller (defined hereinbelow) respectively to share the same Vehicle for the purposes of transportation to and from mutually agreed locations on the Application.
“Co–Traveller” shall mean such User who accepts an offer by the Traveller (defined hereinbelow) for transportation in his Vehicle (defined hereinbelow) to and from mutually agreed locations on the Application.
“Custom Group” shall mean a closed group of like-minded people created by the Users who agree to be part of the same group for the purposes of Car-pooling. The Custom Group shall be called [please insert] on the Application.
“ETA” shall mean the estimated time of arrival of the Vehicle, at the pick up point of the Co- Traveller, provided by GRAPE before the Ride, which may change from time to time.
“ETT” shall mean the estimated travel time of the Ride, provided by GRAPE during the Ride, which may change from time to time..
“Registration Data” shall mean and may include the present, valid, true and accurate name, Email ID, age and such other information as may be required by GRAPE from time to time, provided by the Users at the time of registration on the mobile application GAIN CABS or otherwise.
“Ride” shall mean the journey to and from the mutually agreed locations on the Application, by and between the Traveller and the Co-Traveller.
“Traveller” shall mean such User who offers to share his Vehicle with other Users for facilitating transportation to and from mutually agreed locations on the Application.
“User” shall mean persons who have created an Account and use the Application.
“Vehicle” shall mean a motorcar as defined under the Motor Vehicles Act, 1988, which is owned and registered in the name of the Traveller.
"You", “Your" or “Yourself” shall mean reference to the User accessing the Application.
Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
Headings and captions are used for convenience only and will not affect the interpretation of the T&Cs.
Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as GRAPE will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
You will be "Eligible" to use the Application only when You fulfill all of the following conditions:
You have attained at least 18 (eighteen) years of age.
You are competent to enter into a contract under the Applicable Laws.
You have no criminal antecedents and have never been convicted of any criminal offence in India.
You do not have any criminal proceedings pending against You in any courts in India.
You may avail the services on the Application only if You fulfill the conditions as mentioned in 3.1.1 to 3.1.4 above. If You are not Eligible, please abandon any and all attempts to register or use the Application. By continuing usage of the Application, you represent and warrant GRAPE that you satisfy the eligibility criteria listed above in clause 3.1.
To use the Application You shall be required to update your User profile with details as requested at the time of sign up which may include without limitation personal information as well as personal login information and vehicle details.
You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Application is not Eligible to use the same. GRAPE shall not be responsible for any authenticity of the information provided by the User for use of the Application.
You shall not impersonate someone else or provide account information, an email address, mobile number, vehicle details or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect information provided by You.
It is Your responsibility to check and ensure that You download the correct Application for Your device. We are not liable if You do not have a compatible mobile device or if You have not downloaded the updated version or if You have downloaded a wrong version of the Application for Your mobile device.
You will not assign or otherwise transfer Your Account to any third party.
In case of any unauthorized use of Your Account, You are to bring the same to Our notice promptly. In the event of such unauthorized use, please immediately reach Us at email@example.com.
In case, You are unable to access Your Account, please inform Us at firstname.lastname@example.org and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account except in case of Force Majeure events which are beyond Our reasonable control.
IV. Booking process
The Traveller may offer to share his Vehicle with other Users on the Application and the Traveller shall share his point of origin and destination for the Ride for the said purpose.
The Co-Traveller may place a request for a Traveller on the Application by providing his point of origin and destination for the desired Ride.
The Application shall through technologically automated means connect Travellers and Co-Travellers having common or close points of origin and destinations for a Ride.
GRAPE shall share the necessary details of the Traveller and the Co-Traveller with the other party so connected through the Application and the Co-Traveller shall have the option of accepting or rejecting the offer placed by the Traveller for the Ride between the desired points of origin and destination, until the Ride begins.
Only one 1 (one) Co-Traveller shall be allowed along with a Traveller in one Ride.
V. Non-Commercial Activity
The purpose of the Application is strictly limited to facilitating sharing of Vehicles between Travellers and Co-travellers for a Ride. The Application shall under no circumstances be used to offer or accept Car-pooling services for hire or reward or profit or any commercial or professional benefit. The Application is only a communication platform intended to connect Travellers with Co-travellers en-route the Traveller’s destination point.
You agree not to demand any reward or make profit in any form, from any Ride.
You shall not offer any services whatsoever including without limitation package deliveries, additional drop-offs and pick-ups of any other person en-route the destination or at any other point during the Ride.
VI. Users Obligations
You may place a request with respect to Car-pooling only through the Application.
You understand and undertake that the use of the Application is only for Your exclusive purpose. You shall not be allowed to offer/request/accept rides on behalf of others under any circumstances whatsoever.
You are expected not to change drop locations once the Ride is confirmed.
You are expected to (a) behave in a disciplined and decent manner; (b) refrain from disturbing, misbehaving with each other, or in any other manner adversely affecting the quality of the Ride.
You are expected to avoid talking loudly over the phone.
You are expected not to use foul language in the Vehicle.
You are expected not to share Your personal information with each other. You maintain decorum and refrain from indulging in heated discussions or debate(s) with each other.
You are expected to avoid getting personal or overtly friendly with each other.
You are expected not to consume eatables (including alcohol or any other intoxicating beverages) in the Vehicle.
You are expected to keep Your belongings with You only.
You shall not carry your pets or any other animal(s) in the Vehicle.
The Traveller shall ensure that:
he maintains his Vehicle in a good condition and is not under the influence of alcohol or any kind of drugs at the time of raising request for Car-pooling.
he endeavors to arrive at the Co-Travellers pick-up point on or before the ETA and shall also endeavor to drop the Co-Traveller at his/her destination point on or before ETT.
he complies with all applicable traffic laws at all times during the Ride.
The Co-Traveller shall ensure that the Vehicle assigned to him in the manner provided in the T&Cs bears the same registration number and the registration details specified to the Co-Traveller through the Application and/or SMS.
The Co-Traveller acknowledges that there may be a delay in reaching the destination, depending upon the traffic situation and owing to certain unavoidable circumstances.
Women Users are advised to use their own prudence in offering or accepting a Ride on the Application as GRAPE cannot guarantee the authenticity of the data shared by other Users.
Women Users are advised to share the ride details with family, friends, relatives or any such other person which such User may deem fit. The Application contains necessary features to enable such Users to share the details of their Ride.
We will take every reasonable effort not to share any of trip details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under any Applicable Law, or to the limited extent necessary for Us to implement any Ride related instructions We receive from You. 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.
You acknowledge that the information made available by You on the Application, including location data, may be accessible to certain other users of the Application.
You hereby expressly consent to receive communications from Us through Your registered phone number and/or e-mail ID. You consent to be contacted by Us via phone calls and/ or SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Application, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other User of the Application, or any other customer of GRAPE, including any of GRAPES account not owned by You, to its source, or exploit the Applicaion or any service or information made available or offered by or through the Application, 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 Application.
You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or GRAPEs systems or networks, or any systems or networks connected to the Application.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to GRAPE on or through the Application or any service offered on or through the Application. 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 Application 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 GRAPE or others.
You shall not use the Application in any manner that could damage, disable, overburden, block or impair any of the server connected to the Application. 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 on the Application.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about GRAPE or the brand name or domain name used by GRAPE or otherwise engage in any conduct or action that might tarnish the image or reputation, of GRAPE or its merchants on platform or otherwise tarnish or dilute any of GRAPEs 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 GRAPE.
You shall not engage in advertising to, or solicitation of, other Users of the Application to buy or sell any products or services, including, but not limited to, services related being displayed on or related to the Application. It shall be a violation of these T&Cs to use any information obtained from the Application 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 Application without GRAPEs prior explicit consent. In order to protect GRAPEs Users from such advertising or solicitation, GRAPE reserves the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which GRAPE may deem appropriate in its sole discretion.
You understand that GRAPE has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Application) 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, GRAPE can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as GRAPE, in its sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Application, 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 Application.
GRAPE 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).
VIII. Intellectual Property
All trademarks, brands and service marks used in connection with the Application and/or feature(s) offered are owned by GRAPE and is GRAPE’s property. 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 Application and all rights therein are reserved to the registered owners of those trademarks.
You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the interface/Application.
Except as expressly provided in these T&Cs, no part of the Application 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 that has been made available by Us for downloading from the Application, provided 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.
IX. Termination and Suspension of the Account
We reserve the right to modify, terminate or suspend the Application at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever.
You may terminate Your Account by submitting a request to Us at [insert e-mail id] We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all activities that occurred prior to termination of Your Account.
Further, We shall also reserve the right to suspend Your Account without any notice to You in the event GRAPE suspects that Your account is being used in a manner so as to cause nuisance or prejudice GRAPE or any other persons in a fraudulent manner.
X. Limitation of Liability & Indemnity
All or any direct or indirect liability arising out of or in connection with the Ride and/or as a consequence of misuse of the application, delays caused to a User, losses (financial and otherwise), injury or death occurring during the Ride shall be the sole responsibility of the Users. GRAPE shall not be a party to any dispute and/or claims arising in connection with the Ride offered and availed through the Application. It is re-iterated here that GRAPE is acting merely as a facilitator and is not privy to any contract / agreement amongst and between the Users. Further, any loss to a User or any other person caused due to reasons such as fraudulent practices, negligence, impersonation, rash & negligent driving, traffic rules violation of any User shall in no manner, whatsoever, make GRAPE liable and the same shall be the sole responsibility of the concerned User.
You will defend, indemnify and hold harmless GRAPE, each of its affiliate(s) (and its respective employees, directors, agents and representatives) and any person determined by GRAPE 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 the use or misuse of the Application 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. IN NO EVENT SHALL GRAPE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE T &Cs, INCLUDING LOSS , ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, 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 APPLICATION, REGARDLESS OF THE FORM OF ACTION, EXCEED INR 1000/- (RUPESS ONE THOUSAND ONLY).
Except for Our limited role as facilitator of Car-pooling between the Traveller and Co-Traveller, We are not involved in any understanding between You and any other User or other third parties. We shall not be liable for the quality, safety, reliability, legality, delivery or any other related or connect matter with the Rides resulting from Car-pooling.
Your use of the Application is at Your own risk. The Application and/or its features are provided on an "as is" and "as available" basis. We do not guarantee and do not promise any specific results from use of the Application, including the availability or otherwise of the features forming part of the Application at any particular location or time. 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:
This Application will be constantly available, or available at all; or
The information on this Application is complete, true, accurate or non-misleading; or
This Application; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or
Content on the Application constitutes, or is meant to constitute, advice of any kind;
GRAPE shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User/s arising out of Rides resulting from Car-pooling including but not limited to any direct, indirect, incidental, punitive, and consequential damages. The Ride, and any claim resulting from the same, requested through the Application, remains the responsibility of the respective Users against whom the claim is made and GRAPE shall not be liable for any conduct of any of the Users using the Application.
GRAPE is not responsible for the conduct, whether online or offline, of any User of the Application. You are solely responsible for Your interactions with other Users, whether Travellers or Co-Travellers. You acknowledge that GRAPE is not responsible for the acts or omissions of any User whatsoever.
We do not authorize anyone to make a warranty on Our behalf and You may not rely on any such statement of warranty as a warranty by Us.
GRAPE 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 Application, or Your reliance upon the information contained in the Application (whether arising from GRAPE or any other person's negligence or otherwise).
XII. Notices and communication
Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to:
Address Hig-32,Bda colony,Jaydev vihar,Bhubaneswar-751013,Odisha,India.
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.
XIII. Force Majeure
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 GRAPE.
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 the Application 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.
XV. Amendment of T&Cs
We reserve the right to change any of the T&Cs or any policies or guidelines governing the Application or any features attached to the Application, at any time and at Our sole discretion. Any changes will be effective upon posting of the amendments/modifications on the Application and We may send You an automated e-mail to Your email-ID informing about such changes.
Unless otherwise specified by Us, amended T&Cs will take effect automatically and be binding from the day they are posted on the Application. By continuing to access or use the Application or any features attached to it, You will be deemed to have agreed to accept and be bound by such amended T&Cs. If You do not agree to the amended T&Cs, You should discontinue accessing Our Application and/or its features immediately. 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 Application and related features.
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.
XVII. Entire Agreement
These T&Cs constitute the entire agreement between the User and GRAPE with respect to GRAPEs services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and GRAPE with respect to this service. A printed version of the T&C and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
XVIII. Governing Law and Dispute Resolution
Any dispute, controversy or claim arising out or in connection with the use of the Application and/or its features or relating to these T&Cs and interpretations thereof 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 at such offices of GRAPE as GRAPE may designate. 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 User.
The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Odisha.
These T&Cs shall be governed by and construed in accordance with the laws of India. 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 Odisha, India only.
In Micro/Mini/Prime/Sedan/Suv/Luxury/Rental and Auto
Cancellation fee will be charged :
If you cancel after 5 minutes after the cab is allotted or
If a driver cancels after waiting at your location for more than 5 minutes
You will not be charged a cancellation fee if the driver is delayed by more than 5 minutes
Cancellation fee will be added to the bill amount of your next ride.
Cancellation fee will be charged :
If you cancel after 2 minutes after the cab is allotted or
If a driver cancels after waiting at your location for more than 3 minutes
You will not be charged a cancellation fee if the driver is delayed by more than 5 minutes
Cancellation fee will be added to the bill amount of your next ride.
Cancellation fee will be charged :
If you cancel after 5 minutes after the cab is allotted
Cancellation fee will be added to the bill amount of your next ride.