According to the Information Technology Act of 2000 and its implementing regulations, this document qualifies as an electronic record. The fact that this electronic document is computer-generated means that neither a physical nor digital signature is necessary. This electronic material has been published in accordance with the Information Technology Act of 2000 and any rules that have been made thereunder.
Please be aware of the following: (a) the website located at https://www.ohmlogistics.com (hereinafter referred to as "the Website"); and (b) the Android and iOS mobile applications, which can be used on desktop or laptop computers as well as small, wireless computing devices like smartphones and tablets (the "Application"). OHM eLogistics Pvt. Ltd., Hyderabad & Jugnoo App Development Company from Chandigarh, a private limited company incorporated in accordance with the laws of India, either directly or through its parent company, its subsidiaries, or its affiliates (here in after collectively referred to as the ("Company" or "OHM Electric Cabs"). ((a) and (b) hereinafter collectively referred to as the "Electronic Media"), is owned, controlled
This legal agreement (the "Agreement") between the Company and you/yourself/yourselves (the "User(s)") governs how to use and access electronic media as well as how to utilise the services (described below) on electronic media. You agree to abide by and be governed by the Terms of Use if you use, access registration, utilise the services provided by the OHM Electric Cab's platform, and/or browse the electronic media.
In addition to the aforementioned, your use and access to the Electronic Media and the services we provide through it are subject to the terms and conditions, rules, privacy statement, and other policies and procedures ("Company Policies") applicable to such service, which will occasionally be posted on the Electronic Media. The Company Policies shall be deemed to be included into and considered a part of this Terms of Use, unless expressly stated otherwise in any particular Company Policy. Therefore, you also agree to be bound by the Company Policies, as they may be updated, changed, or rewritten from time to time, by implicitly or explicitly agreeing to be bound by the Terms of Use.
Please refrain from accessing and using in other way the Electronic Media associated with the Company or our Service (defined hereafter) if you disagree with the Terms of Use.
OHM Electric Cabs maintains the right to change, suspend, block, discontinue, or restrict your use of all or any feature of the Service or Electronic Media at any time, as well as to modify or replace any of these Terms of Use, in whole or in part.
Any amendments to these Terms of Use are not subject to notification to the User by OHM Electric Cabs. On the Electronic Media, the updated Terms of Use should be made available. To access the most recent Terms of Use, the User is encouraged to visit the Website and/or Application. The "Last Updated" legend above can be used by the User to determine the most recent time OHM Electric Cabs changed the Terms of Use. The User shall be responsible for reviewing these Terms of Use on a regular basis for updates. Before continuing to use the Electronic Media and the Services, OHM Electric Cabs may need the User to express their agreement to the amended Terms of Use in a specific way. If no such separate consent is requested, the User's continued use of the Electronic Media after the Terms of Use have been modified will be deemed an acceptance of those modifications. The most recent version of the Terms of Use made available on the Electronic Media at the time of such use governs User's use of the Electronic Media and the Services.
The definitions provided below for all capitalized and defined terms in these Terms of Use shall apply:
"Account" refers to the user account set up on electronic media by the user to access the services offered by the company.
"Additional Fee" refers to any additional charges that might be made while using third-party providers' services for the ride for the consumption of any additional services, such as Wi-Fi, partner service providers' services, food, water, beverages, etc.
All applicable statutes, enactments, acts of the legislature or the parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental body, tribunal, or court of India shall be deemed to be "Applicable Law(s)" and shall include any such laws.
The term "application" refers to the frequently updated mobile application "OHM Electric Cabs" from the Company.
The terms "OHM Electric Cabs," "us," "we," and "our" refer to OHM eLogistics Pvt. Ltd., a business with its corporate headquarters at H.O., 20B, ASCI Campus, Road No 5, Banjara Hills, Hyderabad, 500034, and which, unless the context or meaning otherwise requires, is deemed to include all of its permitted successors, affiliates, and assigns.
"Cancellation Amount" refers to the fee assessed in accordance with Clause 11 for cancellation terms for all cancelled Rides and communicated to the User through the method of booking.
A city in which Users use and provide transportation services is referred to as the "City of Operation."
"Driver(s)" refers to and includes any independent contractors hired by or affiliated with the Company, its subsidiaries, or its affiliates to provide the User with transportation service(s). They are individuals who have registered with OHM Electric Cabs after claiming to hold the required licences to offer transportation services inside the City of Operation.
The term "E-Wallet" refers to a pre-paid instrument, such as the user's linked PayTM wallet or the OHM Electric Cabs wallet, where the user can make further payments using the various methods accepted by the relevant Payment Gateway or Payment Processor.
Any occurrence that results from a cause outside the Company's reasonable control is referred to as a "force majeure incident."
Any toll duty, interstate taxes, airport fees, or other charges/fees levied by governmental entities or any other third party with regard to operating the Vehicle (defined below) at particular places are all included in the term "Location Fee," which also includes any of these.
"Registration Data" refers to and may include the User's current, true, accurate, and legitimate name, email address, phone number, and any other information OHM Electric Cabs may from time to time demand for registration on the Application.
The term "Ride" refers to a User's trip in a vehicle made possible by electronic means.
"Service(s)" refers to the availability of technology platform services on/through the Electronic Media that allow Users operating the Electronic Media to request, arrange, and schedule transportation services from independent third-party service providers, including Drivers who are employed by OHM Electric Cabs or some of its affiliates ("Third Party Providers"). In order to avoid any misunderstanding, it is made clear that this also includes the facilitation of transportation services between the User and the Driver by OHM Electric Cabs through the Application, via telephone request at the OHM Electric Cabs call centre, or through booking on the website or app, within the City of Operation, as explained in Clause 8.
"Total Ride Fee" refers to the total amount reflected in the electronic media or communicated to the user as a payment for the transportation services and the services made available through the electronic media, as well as any other fees that may be communicated by OHM Electric Cabs in the electronic media or through a mode of booking for each User, as well as any/all taxes that may be applicable from time to time.
These terms and conditions for the User are referred to as the "Terms of Use."
"Third-Party Advertiser(s)" are sponsors who use OHM Electric Cabs to promote their own products and services in online or offline advertisements.
Any individual who uses the application or website and has an account is referred to as a "User" or "You."
According to the Motor Vehicles Act of 1988, a "vehicle" is a four-wheeled automobile.
"Website" refers to the Application, the Company's website at https://www.ohmlogistics.com, any other software that makes it possible to use the Application, or any other URL that the Company may specifically offer.
"Waiting fee" refers to the cost incurred when a driver waits longer than expected at the rider's pickup point and/or intermediate stops after being advised to do so.
By agreeing to the terms of this Clause 4 and providing their Registration Data, the User hereby understands and acknowledges that they are at least 18 (eighteen) years old and legally capable of entering into contracts under the Applicable Law(s). As a result, they are able to register on the Electronic Media.
The User is responsible for ensuring that the Registration Data they enter into their Account is true, accurate, current, and complete, as well as periodically updated. Inaccurate, outdated, incomplete, or false registration data given by the User shall not be the responsibility of the Company.
The User shall be held accountable for any activities and transactions carried out through his or her Account, whether they were started by the User or a third party, and is entirely responsible for maintaining the confidentiality of his or her Registration Data. It has been agreed that the User will not permit any other parties to use his or her Account and will not permit anybody under the age of 18 to use Third Party Providers' transportation services unless the User is also present. The User's Account cannot be given away or delegated to another person. If a third party uses the Services provided by OHM Electric Cabs through the User's account, whether with or without the User's knowledge, the Company shall not be liable for any loss that the User may have incurred as a result of the third party using the User's password or Account, either with or without the User's knowledge.
If the Company has reason to believe that the Registration Data or any other data provided by the User is incorrect or false, that the security of the User's Account has been compromised in any way, that there has been a violation of the terms and conditions of these Terms of Use, or upon any unauthorised use of the User's Account by any third party or for any other reason, the Company reserves the right to suspend or terminate User's Account with immediate effect and for an indefinite period.
It is the User's obligation to confirm and make sure they are downloading the appropriate app for their device. If the User downloads the incorrect version of the Application for his or her mobile device or does not have a mobile device that is compatible with the Application, the Company is not responsible.
The User is only permitted to open one Account in conjunction with the Registration Data supplied by the Users, according to the Company. If you discover any illegal use of your account, please contact the company right once at support@ohmlogistics.com
In the event that the User is unable to access his or her Account, the User must contact the Company in writing at support@ohmlogistics.com and request that the User Account be blocked. When a user requests in writing that their account be blocked, the Company will not be held responsible for any unauthorized transactions made through that user's account until 72 (seventy two) hours have passed. In addition, the company will not be held responsible in the event of a Force Majeure Event.
OHM Electric Cabs maintains the right to alter, suspend, or discontinue the User's access to the Services at any time and without prior notice in the event that internal policies change, applicable laws change, the User violates these Terms of Use, or for any other reason. By sending a request to OHM Electric Cabs at support@ohmlogistics.com or by contacting +91-9322793228, the User may cancel his/her Account. In either scenario, though, all prior service requests shall stand void, and neither a refund nor a deliverable relating to the Service shall be given. OHM Electric Cabs will try its best to answer the User's request for termination as soon as possible. However, the User will still be liable for any transactions that took place before the User's Account was terminated.
The Company does not want the User to, and the User should not, send any confidential or proprietary information to the Company on the Electronic Media or otherwise, unless otherwise is required by Applicable Laws, with the exception of the Registration Data or any other data provided, posted, uploaded or submitted by the User on the Electronic Media during the use of any of the services offered through the Electronic Media. By agreeing to these Terms of Use, the User acknowledges that any information or materials provided to the Company through the Electronic Media by the User or anyone acting on the User's behalf that are not specifically indicated above will not be treated as secret or proprietary.
In order to carry out OHM Electric Cab's obligations under these Terms of Use, Company Policies, and Applicable Laws, OHM Electric Cabs will have the right to process and transfer User information as and when it sees fit. It may also store or transfer User information on a server located outside of India or the country where the User is located.
The User consents to granting OHM Electric Cabs the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) right to exercise any copyright, publicity, database, or other rights the User may have with respect to the User's information in any media now known or not currently known. ACCORDING TO THE APPLICABLE LAWS AND PRIVACY POLICY, THE USER AGREES AND PERMITS OHM Electric Cabs TO SHARE USER'S INFORMATION WITH THIRD PARTIES.
Additionally, OHM Electric Cabs will keep a record of the information that the User provides, including without limitation any call recordings between the User and an executive of the Company regarding any and all service-related topics. Any changes to the information the User has provided OHM Electric Cabs regarding the Services used on the OHM Electric Cabs platform must be promptly reported by the User to OHM Electric Cabs.
OHM Electric Cabs maintains the right to monitor the programme or content materials uploaded on the electronic media, but they are under no duty to do so. Any content that OHM Electric Cabs determines, in its sole discretion, violates, or is alleged to violate, any Applicable Law or either the spirit or language of these Terms of Use, may be removed or edited. Despite OHM Electric Cabs having this privilege, the user is still fully liable for the content of any things they put on electronic media and in private messaging (as applicable). Please be aware that any uploaded content may not always represent the opinions of OHM Electric Cab. OHM Electric Cabs will never be held liable or responsible for any claims, losses, damages, or other consequences arising from the use of, or presentation of, any content on, electronic media. The User hereby represents and warrants that he/she has all necessary rights in and to all content that the User provides and all information therein, that such content does not violate any proprietary or other rights of third parties, and that it does not contain any libellous, tortious, or otherwise illegal information.
You will give us some information and other data as aforementioned when you register as a User, as well as while using the Electronic Media and/or Services. This information and other data may or may not be otherwise publicly available. According to our Privacy Policy, which is available at https://www.ohmlogistics.com/privacy_policy.html, we shall respect the privacy of such data. Your continuing use of the Electronic Media and/or the Services constitutes personal acceptance of our Privacy Policy, which governs how we may collect, use, disclose, and process your data. Only in the ways specified in our Privacy Policy will we share your data with other parties.
You acknowledge, accept, and agree that the Company uses standard security configurations for securing data and information on the Electronic Media, which is reasonable and sufficient security practise and procedure in accordance with industry standard and for the purposes of Information Security, in addition to and not in contravention of the terms, measures, and procedures regarding storing and securing the data and information on the Electronic Media as stipulated in the Privacy Policy. The User acknowledges and agrees that they are giving up their right to sue the Company for damages under any applicable laws in the event that information held on its electronic media is disclosed, destroyed, subjected to illegal access, or otherwise harmed.
The User affirms, agrees, and undertakes that the following laws and regulations will be rigorously followed when using electronic media:
Any of the following information is not permitted by the user to host, display, upload, change, publish, transmit, update, or share:
(1) belongs to a third party and over which the User has no legal authority; interferes with another user's use and enjoyment of any electronic media; or prevents any other person from using or enjoying comparable services; or
(2) that is unlawfully threatening or harassing, including but not limited to "indecent representation of women" as defined by the Indecent Representation of Women (Prohibition) Act of 1986, or that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invading another person's privacy, hateful, or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise
(3) in any way deceptive; or
(4) is obviously offensive to the online community, such as sexually explicit material or anything that encourages paedophilia, racism, prejudice, hatred, or any other kind of physical violence against a person or group; or
(5) entails sending "junk mail," "chain letters," unwelcome bulk mailings, or "spamming";
(6) violates any third party's rights, such as those related to intellectual property, privacy (such as, but not limited to, unauthorized disclosure of a person's name, email address, home or mobile phone number), or publicity; or
(7) contains password-protected or restricted pages, hidden pages, or pictures (those not connected to or from another page that is accessible); or
(8) solicits personal information from anyone or publishes content that sexually, violently, or otherwise abuses persons; or
(9) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
(10) 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
(11) tries to gain unauthorized access or exceeds the scope of authorized access to the Electronic Media or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Electronic Media or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(l2) engages in commercial activities and/or sales without OHM Electric Cab’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of"virtual" items related to the Electronic Media. Throughout theseTerms of Use, our "prior written consent" means a communication coming from OHM Electric Cab’s authorized representative, specifically in response toUser’s request, and specifically addressing the activity or conduct for whichUser’s may seek authorization; or
(13) interferes with another user's use and enjoyment of the Electronic Media or any other individual's user and enjoyment of similar services; or
(14) refers to any website or URL that, in OHM Electric Cab’s sole discretion, contains material that is inappropriate for the Electronic Media, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or
(15) harm minors in any way; or
(16) is fraudulent or involve the sale of counterfeit or stolen items; or
(17) violates any law for the time being in force; or
(18) 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
(19) impersonate another person; or
(20) 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 thatmay damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable informationor attempt to interfere with the proper working of the Electronic Media or anytransaction being conducted on the Electronic Media; or
(21) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or publicorder or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
(22) is false, inaccurate or misleading; or directly 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
(23) creates liability for OHM Electric Cabs or cause OHM Electric Cabs to lose (in whole or in part) the services of it’s vendors.
The User 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 Electronic Media or any content, or in any way reproduce or circumvent the navigational structure or presentation of theElectronic Media or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available throughthe Electronic Media. We reserve the right to bar any such activity as and when detected or deemed appropriate.
The User shall not probe, scan or test the vulnerability of the Electronic Media or any network connected to the Electronic Media nor breach the security or authentication measures on the Electronic Media or any network connected to the Electronic Media. The User maynot reverse look-up, trace or seek to trace any information on any other user of or visitor to the Electronic Media, or any other customer of OHM Electric Cabs, including any of OHM Electric Cab’s account not owned by the User, to its source, orexploit the Electronic Media or any Service or information made available oroffered by or through the Electronic Media, in any way where the purpose is toreveal any information, including but not limited to personal identification orinformation, other than User’s own information, as provided for by the Electronic Media.
The User agrees he/she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Electronic Media or OHM Electric Cab’s systems or networks, orany systems or networks connected to the Electronic Media.
The User may not use the Electronic Media or any content for any purpose that is un lawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activitythat infringes the rights of OHM Electric Cabs or others.
The User shall not use the cervices or Electronic Media in any manner that could damage, disable, overburden, block or impair any of the server connected to the Electronic Media. The User may not attempt to gain unauthorized access to the services through hacking, password mining or any other means.
The User may not reverse engineer, decompile and disassemble any software used to provide the Services by OHM Electric Cabs.
The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about OHM Electric Cabs or the brand name or domain name used by OHM Electric Cabs or the Services provided by OHM Electric Cabs or the Third Party Providers or otherwise engage in any conduct or action that might tarnish the image or reputation, of OHM Electric Cabs or its merchants on platform or otherwise tarnish or dilute any of OHM Electric Cab’s trade or service marks, tradename and/or goodwill associated with such trade or service marks, trade name as may be owned or used by OHM Electric Cabs.
The User, by creating an Account under the provisions of these Terms of Use, authorizes us to call or SMS or email on his/her registered mobile number/ registered email address for the purposes of communicating information pertaining to the Services, Rides, feedback or offers or providing customer support. The Users shall also have the option to request OHM Electric Cabs to send him/her information regarding service, discounts and promotions provided by it. If the User requires OHM Electric Cabs to provide him/herwith information regarding offers, discounts and promotions relating to theservices availed by him/her, click "Yes", otherwise click"No". If User clicks "Yes", we or an authorised representative,shall provide the above information to the User by way of call or an SMS oremail to the User’s registered mobile number/registered email id. The User alsohas the option to discontinue receiving such information at any point of time.To discontinue receiving such information, User may at any point of time visitthe specific link provided on Electronic Media to discontinue the same. Solelyto enable OHM Electric Cabs to use the information so that it is not violating anyrights Users might have in the Information, User hereby agrees to grantOHM Electric Cabs 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 User has the information, in anymedia now known or not currently known, with respect to User’s information. Wewill only use User’s information in accordance with these Terms of Use and thePrivacy Policy.
The User shall not engage in advertisingto, or solicitation of, other users of the Electronic Media to buy or sell anyproducts or services, including, but not limited to, services related beingdisplayed on or related to the Electronic Media. It shall be a violation ofthese Terms of Use to use any information obtained from the Electronic Media inorder to harass, abuse, or harm another person, or in order to contact,advertise to, solicit, or sell to another person outside of the ElectronicMedia.
The User understands that OHM Electric Cabs always has the right to disclose any information (including the identity of the persons providing information or materials on the Electronic Media) as necessary to satisfy any law, regulation or valid governmental request. Thismay include, without limitation, disclosure of the information in connectionwith investigation of alleged illegal activity or solicitation of illegalactivity or in response to a lawful court order or subpoena. In addition, OHM Electric Cabs can (and User hereby expressly authorize OHM Electric Cabs to) disclose anyinformation about User to law enforcement or other government officials, as it,in OHM Electric Cab’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially thosethat may involve personal injury.
It is possible those other users(including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Electronic Media and that User may be involuntarilyexposed to such offensive and obscene materials. It also is possible for othersto obtain personal information about Users on the public forum due to User’suse of the Electronic Media, and that the recipient may use such information toharass or injure the User. OHM Electric Cabs does not approve of such unauthorized usesbut by using the Electronic Media. The User acknowledges and agree thatOHM Electric Cabs shall not responsible for the use of any personal information that theUser publicly discloses or shares with others on the Electronic Media. The Usershould carefully select the type of information that he/she publicly disclosesor shares with others on the Electronic Media, or from the Electronic Media onother social platforms (e.g., but not limited to Facebook).
OHM Electric Cabs shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way through User or through group/s of people, intentionally or unintentionally causing hindrance in provision of Services.
OHM Electric Cab’s performance of these Terms of Use is subject to existing laws and legal processes of Government of India, andnothing contained in the Terms of Use is in derogation of OHM Electric Cabs's right tocomply with law enforcement requests or requirements relating to User’s use of this Service or information provided to or gathered by OHM Electric Cabs with respect tosuch use. The User agrees that OHM Electric Cabs may provide details of User’s use ofthe service to regulators or police or to any other third party, or in order toresolve disputes or complaints which relate to the service, at OHM Electric Cab’scomplete discretion.
The Electronic Media is a technological platform that enables and permits the Users to arrange, obtain and avail thetransportation services offered by the Third-Party Providers through theElectronic Media. It has been agreed between the parties that upon booking ofServices through the Electronic Media, the arrangement constitutes a separateand bilateral association between the User and the Third-Party Providers. It ishereby clarified that for the purpose of facilitation of interaction,communication and transaction between the Third Party Provider and the User isan independent and separate transaction between such Third Party Provider andUser and Electronic Media is only acting as an intermediary service providerand/or facilitator for the purpose of facilitation of interaction,communication and transaction between the Third Party Provider and the User;and hence, OHM Electric Cabs shall not be liable and responsible for any and allliabilities, losses, claims and damages that may arise out of or in connectionwith the interaction, communication and transaction between the Third PartyProvider and the User and the User agrees to hold harmless and indemnifyOHM Electric Cabs in this regard.
You hereby acknowledge and agree that ThirdParty Providers are not the employees, agents, representatives, contractors, advisers, staff members of the Company and the Company has no responsibility for any act, omission, advice, service, representation, etc. of any such ThirdParty Provider. As further described in this Terms of Use, the Company makes norepresentation. warranty or guarantee whatsoever as to (a) the availability ofthe Third Party Providers; (b) the accuracy of the representations made or theinformation posted on the Electronic Media by the Third Party Provider; (c) theaccuracy of the information exchanged between the Third Party Provider and theaccuracy of the information posted on the Electronic Media by the Third PartyProvider and the User; (d) the quality, nature, usefulness, relevance, accuracyof the services provided by the Third Party Providers.
The Service allows You to send a request through OHM Electric Cabs Electronic Media to a Driver/Third Party Provider on the OHM Electric Cabs network. The Driver has the discretion to accept or reject eachrequest for the Service. If the Driver accepts a request, OHM Electric Cabs notifies theUser and provides information regarding the Driver - including Driver’s name,Vehicle license number, telephone contact details of the Driver and such otherdetails as the Company may determine.
The Company shall procure reasonable efforts to bring the User into contact with a Driver, subject to the availability of a Driver in or around User’s location at the moment of User’s request for such Services.
By using the Application or the Service, the User further agrees that:
The User will only use the Service or download the Application for his/her sole, personal use and will not forcommercial purposes resell or assign it to a third-party;
The User will not use an account that is subject to any rights of a person other than the User without appropriate authorization;
The User will not use the Service or the Electronic Media for unlawful purposes or carry any materials equipment or material that is prohibited under the Applicable Law or the use of which can beused for any illegal purposes/activities;
The User will not try to harm the Driver, Electronic Media or OHM Electric Cab’s network in any way whatsoever or cause any damage to the Vehicle;
The User will provide OHM Electric Cabs with such information and documents which OHM Electric Cabs may reasonably request;
The User will only use an authorized network to which it has access to for the purpose of availing service;
The User is aware that when requesting Services, whether by message, via Electronic Media or calling the call centre of OHM Electric Cabs, standard messaging charges, data charges, voice charges, as applicable, for the User and/or User’s phone network service providers, will apply;
The User will comply with all Applicable Law from the User’s country of domicile and residence and the country, state and/or city in which the User is present while using the Electronic Media or Service;
The User is aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
The User will not, in his/her use of the Services, cause nuisance, annoyance, inconvenience, or property damage, to the Vehicle, Third-Party Provider or any other party. In certain instances, theUser may be asked to provide proof of identity to access or use the Services,and the User agrees that the User may be denied access to or use of the Services if you refuse to provide proof of identity.
OHM Electric Cabs reserves the right to immediately terminate the Service and the use of the Electronic Media in the event of non-compliance with any of the above requirements by the User.
The User is strictly prohibited from doingthe following acts including without limitation:
Smoking and/or drinking in the Vehicle, misbehaving with Driver, harass, slap, hurt, torture, extort, or assaulting theDriver in any manner, tear off any advertisement(s) material or promotional material placed in the Vehicle, disturb or distract the Driver while driving, make unnecessary noises, leave without paying, jump out of the Vehicle, abuse the Driver in any manner, doing acts which may harm the interiors of the Vehicle, causing fire in the Vehicle or doing any act in violation of the ApplicableLaws.
In the event the User is found to be involved in the activities as set out above, the User shall be liable to pay a fine to OHM Electric Cabs and OHM Electric Cabs shall also have the right to terminate the Ride and/or User’s Account, immediately.
In the event User fails to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law for recovery of the fine or any amount dueand payable by User on account of loss, damages, costs and expenses that are incurred by the Company and/or Third Party Providers arising out of/or inrelation to the illegal or unauthorised use of services or any act and omission on the part of the User in complying the terms herein. The User shall also beblacklisted as a result of non-payment of the fine or misbehaving or causing the a forementioned acts, as the case may be, and in such event, User’s Accountmay be terminated by OHM Electric Cabs.
The Company, upon receipt of a booking forthe Service, uses various algorithms to appoint a Driver closest to therequested location of the User. Upon assigning the Driver towards the requestof the User or the Service booking request, the Driver has the discretion toaccept or decline the booking made by the User through the Electronic Media orthrough phone call.
OHM Electric Cabs shall, upon receiving the bookingrequest from the User and confirmation from the Driver in the manner set outabove, proceed to communicate the confirmation or non-acceptance of the bookingbased on the availability of the Vehicle at the pickup time, which shall beinformed to the User vide an SMS or email or notification on the Application.In the event the booking is confirmed, the User shall check the booking detailsincluding but not limited to pick up time and pick up place, and if there isany incorrect detail, the same needs to be informed to OHM Electric Cabs immediately bycalling on call centre on this number – +91-9322793228.
The User shall bear the consequences anddamages for any delay that may be caused to the User due to the User’s failureto provide the correct pick up details and time or to check the confirmationSMS or email or failure to inform OHM Electric Cabs of the incorrect detailsimmediately.
The User will be charged the Total Ride Feeby OHM Electric Cabs in respect of each Ride towards the transportation services and theServices availed by the User through the Electronic Media The User expresslyacknowledges that the Total Ride Fee indicated on the platform at the time ofbooking is indicative only and may vary at the time of payment and ending ofthe Ride based on the actual trip undertaken (i.e exact kilometres travelled,time taken to arrive at the location, change of location during the trip etc.)or such fee may change due to any exigencies in certain specific geographicalareas (like curfews, road closures etc.), or due to the User opting foradditional services; and the User will be liable to pay the actual Total RideFee as calculated and appearing on the Electronic Media at the end of eachtrip/Ride or as may be notified to the User through OHM Electric Cab’s call centres ifthe booking is made through a call. OHM Electric Cabs will use reasonable efforts toinform you of the charges that may apply, provided that you will be responsiblefor any such charges incurred under your Account regardless of your awarenessof such charges or the amounts thereof.
In addition to the above, User will becharged with a Location Fee charged for fees attributable to any toll duty,inter-state taxes, airport charges or any other charge/fee imposed by thegovernmental instrumentalities or any third party with regard to operation ofthe Vehicle at specific locations. The User acknowledges that the AdditionalFee may be revised at the sole and absolute discretion of OHM Electric Cabs and suchrevised fee will be notified on the Electronic Media from time to time on themode of booking by the User from time to time.
Further, the User shall be required to payCancellation Fee in case of a cancellation of the Ride in accordance with theterms of Clause 11 (Cancellation Policy).
Upon the User opting for payment by cashoption at the time of the booking, the Total Ride Fee will be collected by theDriver from the User at the end of the Ride.
OHM Electric Cabs shall provide a receipt andacknowledgement in respect of the Ride for the Total Ride Fee payable by theUser at the end of the Ride and the User may raise a request for a copy of theinvoices from the support page on the Electronic Media.
OHM Electric Cabs or Third-Party Providers reservethe right to charge you any reasonable costs required to clean or repair theVehicle attributable to you during a Ride and OHM Electric Cabs will collect payment forsuch costs as the agent of the Third Party Providers. You shall be responsiblefor such cost of repair for damage to, or necessary cleaning of, the Vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by OHM Electric Cabs in OHM Electric Cab’s reasonable discretion, OHM Electric Cabs reserves the right to facilitatepayment for the reasonable cost of such Repair or Cleaning to be paid by the User using the payment method designated in the User’s Account.
This payment structure is intended to fullycompensate the Third-Party Provider for the Services or goods provided.OHM Electric Cabs does not designate any portion of your payment as a tip or gratuity tothe Third-Party Provider. Any representation by OHM Electric Cabs (on the Website, in the Application, or in OHM Electric Cab’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments youmake for services or goods provided is not intended to suggest that OHM Electric Cabs provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides youwith services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received Services or goods obtained through the Service, you will have the opportunity to rateyour experience and leave additional feedback about your Third-Party Provider.
The User shall choose to pay for the Total Ride Fee (whether in whole or in part) by either of the following four methods:
Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver. Inaddition, the Location Fee and/or the Additional Fee may also be paid by theUser in cash, in which event the same will not be calculated while charging theTotal Ride Fee.
E-Wallet payment: OHM Electric Cabs offers Usersthe facility of making an online payment through an E-Wallet as per clause 3.9,powered by a third-party payment processor ("Payment Processor"). Theprocessing of payments, in connection with Users use of the E-Wallet will besubject to the terms, conditions, and privacy policies of the Payment Processorthat OHM Electric Cabs engages for this purpose. OHM Electric Cabs will not be responsible forany errors by the Payment Processor in any manner. The money added to OHM Electric Cabs Walletis strictly non-refundable and holds no expiry date.
Credit Card/ Debit Card/ Net BankingPayment: The User shall have the facility of making a payment online for theTotal Ride Fee as maybe charged by OHM Electric Cabs for the Ride undertaken by the User.The Total Ride Fee in this regard may be paid by using the services of anentity providing a payment gateway/processor services ("PaymentGateway"), authorized by OHM Electric Cabs. Such Payment Gateway may either beOHM Electric Cabs or any of its affiliates or partners or unrelated third parties. TheUser hereby agrees and undertakes to share relevant payment details includingtheir credit/debit card details (“Card Details”) with the Payment Gateway forthe successful completion of payment towards the Total Ride Fee to OHM Electric CabsApplication and authorize the Payment Gateway to complete such transaction(s).In this respect, it is clarified that all Payment Gateways whose services areutilized for the purposes of the Website and/or Application and/or servicesshall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant.
The User’s authorization permits the Payment Gateway to debit or credit thebank account associated with the User’s payment details. User’s authorizationfurther permits the Payment Gateway to use User’s Card Details for theprocessing of transactions initiated by the User at any of OHM Electric Cab’saffiliates. The User shall have the option to save the Card details or bankdetails for ease of payment in the next trip or Ride through OHM Electric Cabs as User’sauthorization, as long as the User maintains an Account with OHM Electric Cabs on theirApplication. In the event the User deletes his/her Card Details with thePayment Gateway or if the User deletes the Account, the Payment Gateway willnot process any further transactions initiated by the User at the Website orApplication and at the sites of any of OHM Electric Cab’s affiliates. User’sauthorization under this clause is subject to any other terms and conditions ofthe Payment Gateway.
Any payment related issue, except when suchissue is due to an error or fault in the Application and/or Website, shall beresolved between the User and the Payment Processor/Payment Gateway. OHM Electric Cabsshall not be responsible for any unauthorized use of the User’s E-Wallet/Credit Card/ Debit Card/ Net Banking Payment during or after availing theServices on the Application and/or Website.
If the Company has a reason to believe thatany payment instructions made on the User’s Account have been fraudulentlymade, the Company will suspend and deny the User any access to his/her Accountin order to investigate and report the suspicious activity. Such suspensionwill continue in effect till the conclusion of the investigation.
The User hereby agrees and acknowledges thatthe User may cancel the request for a Vehicle from a Driver at any point oftime subject to a Cancellation Fee charged by OHM Electric Cabs, in accordance withOHM Electric Cab’s Cancellation & Waiting Policy, in the manner as described below:
For the purpose of Vehicles requestedand/or scheduled by the Users through the Application or on the call directlythrough the operator’s at OHM Electric Cabs, the Cancellation Fee will be charged in thefollowing manner:
(a) If the User cancels after the Vehicle isallotted; or
(b) If the Driver assigned to the User, waits formore than a pre-decided time at the User’s location after the scheduled slot.
Notwithstanding the foregoing, if the Driver hasdelayed reaching the User’s location by more than even 1 (One) minute to pickthe User, the User will not be charged any Cancellation Fee for such Ride.
The User shall be notified regarding theapplicable Cancellation Fee in advance whenever the User attempts to cancel abooking/service request with OHM Electric Cabs. The notification regarding the sameshall be on the Application and/or the Website.
OHM Electric Cabs shall provide a receipt of theCancellation Fee, if any, payable by the User for every cancellation in termsof the clauses above for such cancellations. The User may raise a request for acopy of the invoices regarding such cancellation from the support page on theElectronic Media.
The Cancellation Fee shall be due andpayable by the User at the time of cancellation which may be recovered from theUser immediately at the time of Cancellation or at the completion of the User’ssubsequent Ride.
A nominal Waiting Fee shall get added to thefare of the ride in case the driver waits at the rider’s pickup location and/orintermediate stops for more than a pre-decided time, in accordance withOHM Electric Cab’s Cancellation and Waiting Policy.
OHM Electric Cabs shall not cancel any ride unlessexplicitly requested by the rider via OHM Electric Cabs app, email or phone. This isvalid for all situations unless arising out of adverse weather, traffic, lawand order or any other condition as deemed appropriate by OHM Electric Cabs.
In the even the User is of the view thathe/she has been over charged in respect of any particular Ride by the Driver,then he/she may raise a refund request on the Electronic Media. Where theCompany determines that a refund request is valid, it shall make reasonableefforts to grant the refund request and return the requisite funds to therespective source of payment. In the event that the User desires a refund onany amount that has been debited from the User’s account either through thirdparty wallet or OHM Electric Cabs Wallet or through the saved credit card/debit card/net banking and the same was not authorised by the User, the User shall berequired to email support@ohmlogistics.com or contact OHM Electric Cabs on +91-9322793228 andmake a refund request clearly explaining the circumstances of the User’s refundrequest.
In case User has erroneously paid an amountin excess of the applicable Total Ride Fee through the payment methods madeavailable on the platform, which was not required to be transferred, after assessingthe validity of the written request from the User, OHM Electric Cabs shall process tocredit the funds to the same source from where these were received.
The Company will make reasonable efforts torespond to the User’s refund request at the earliest. Please note that OHM Electric Cabswill not be responsible for delays, which may be caused by any third partiessuch as banks, Payment Processors, Payment Gateways and third party -merchants,on whom OHM Electric Cabs relies while processing refund request or any delay caused incase of any force majeure events which are beyond OHM Electric Cab’s reasonablecontrol. Therefore, OHM Electric Cabs shall bear no liability for the processing of therefund requests.
Except for OHM Electric Cab’s limited role inprocessing payments that User’s authorize or initiate, OHM Electric Cabs is not involvedin any underlying transaction between the User, Third Party Provider, any othercustomer, merchant, bank, Payment processor, Payment Gateway or other thirdparty.
OHM Electric Cabs shall not be liable for thequality, safety, reliability, legality, delivery or any other aspect of anygoods or service that User may purchase through any Third-Party Advertisers. The User’s use of the service is at his/her sole risk.
The service is provided on an "asis" and "as available" basis. OHM Electric Cabs disclaims all warrantiesof any kind whether express or implied including without limitation, anyrepresentation or warranty for accuracy, availability, continuity,uninterrupted access, timeliness, sequence, quality, performance, security,merchantability, fitness for any particular purpose, non-infringement orcompleteness. Without prejudice to the forgoing paragraph, OHM Electric Cabs does notwarrant that:
This Website and Application will beconstantly available, or available at all; or
This Website: information, content,materials, product (including software) or Services included on or otherwisemade available to the User through the Website; their servers; or electroniccommunication sent from OHM Electric Cabs are free of viruses or other harmfulcomponents; and
Nothing on the Website will constitutes,or is meant to constitute, advice of any kind.
OHM Electric Cabs makes no express or impliedrepresentations or warranties about it’s Services or the Website andApplication and disclaim any implied warranties, including, but not limited to,warranties or implied warranties of merchantability or fitness for a particularpurpose or use or non-infringement. OHM Electric Cabs do not authorize anyone to make awarranty on OHM Electric Cab’s behalf and User may not rely on any statement ofwarranty as a warranty by OHM Electric Cabs.
OHM Electric Cabs 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 orindirectly from the User’s use or non-use of the Service or the ElectronicMedia, or User’s reliance upon the Service or the information contained uponthe Electronic Media (whether arising from OHM Electric Cabs or any other person'snegligence or otherwise).
The User furthermore acknowledges andaccepts that OHM Electric Cabs may not encrypt any content or communications from and toour Electronic Media.
THE EXCHANGE OF INFORMATION,PROVISION/AVAILING OF SERVICES, TRANSACTION BY AND BETWEEN THE THIRD PARTYPROVIDER AND USER IS DONE AT YOUR SOLE RISK, AND HENCE YOU AGREE THAT THECOMPANY SHALL BE IN NO EVENT LIABLE FOR ANY INJURY, LOSSES, CLAIM, DAMAGE ORANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANYKIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR ISANY WAY CONNECTED WITH THE AFORESAID.
THE USER SHALL NOT HAVE ANY PLEA, CLAIM ORDEMAND AGAINST THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS,DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS ETC. IN RESPECTOF ANY EXCHANGE OF INFORMATION, PROVISION/AVAILING OF SERVICES, TRANSACTION BYAND BETWEEN THE THIRD-PARTY PROVIDER AND USER. THE COMPANY WILL NOT BE DEEMEDTHE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH BY A USER THROUGHTHE ELECTRONIC MEDIA OR PURSUANT TO REGISTRATION OF A PERSON AS A USER WITH THECOMPANY AND THE ELECTRONIC MEDIA.
IN THE EVENT OF A DISPUTE BETWEEN THE THIRDPARTY PROVIDER AND THE USER REGARDING ANY TRANSACTION CONDUCTED VIA THEELECTRONIC MEDIA, BOTH THE USERS HEREBY RELIEVES THE COMPANY, ITS AFFILIATES,THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORSAND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALLLOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OREXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICHA USER MAY HAVE AGAINST THE OTHER.
THE USERS EXPRESSLY UNDERSTANDS AND AGREESTHAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT ORACTION BROUGHT BY THE USER OR ANY THIRD PARTY IN RELATION TO ANY USEOF/AVAILING OF THE SERVICES OFFERED/PROVIDED BY THE THIRD PARTY PROVIDER; ANDTHE THIRD PARTY PROVIDER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANYHARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
THE USERS EXPRESSLY UNDERSTANDS AND AGREESTHAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT ORACTION BROUGHT BY A THIRD PARTY PROVIDER IN CONNECTION WITH PAYMENT FORSERVICES BY THE USER AND THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD THECOMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
THE AFORESAID, DISCLAIMERS, WAIVERS,RELEASES, LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSEOF ACTION OR THE LIABILITY ARISES IN LAWS, CONTRACT, TORT OR OTHERWISE.
OHM Electric Cabs may facilitate and allow thirdparty advertisers (“Third- Party Advertisers”) to place advertisements on theElectronic Media or through physical presence by placing tags, stickers,pamphlets, articles, promotional offers etc. as may be placed in theVehicle(s). OHM Electric Cabs has guidelines and policies to be followed by suchThird-Party Advertisers for placing such advertisements (the “AdvertisingPolicy”).
OHM Electric Cabs distinguishes between the contentposted by it and the content that is created or provided by one of theThird-Party Advertisers. The advertisements will be labelled as from OHM Electric Cab’sadvertisers, or advertisement. The content posted is not reviewed by OHM Electric Cabs,but it shall be subject to the Advertising Policy.
Please note that We do not verify anycontent or information provided by the Third Party Advertisers on theElectronic Media and to the fullest extent permitted by Applicable Law(s),disclaim all liability arising out of Third Party Advertisers’ use or relianceupon the Electronic Media or the Vehicle, availing the Services, content postedby Third Party Advertisers, representations and warranties made by the ThirdParty Advertisers on the Electronic Media or towards the Vehicle or any lossarising out of the manner in which the Services have been availed by the Users.
The Electronic Media may be linked to thewebsite of third parties, affiliates and business partners. By clicking on theadvertisements by Third Party Advertisers, the User may be redirected to awebsite or other electronic platform of any Third-Party Advertisers or receiveother messages, information or offers from such Third-Party Advertisers. Wehave no control over, and not liable or responsible for content, accuracy,validity, reliability, quality of such websites or made available by/throughthe Electronic Media. Inclusion of any link on the Electronic Media does notimply that we endorse the linked website. The User is wholly liable for allcommunications and transactions with such Third-Party Advertisers. The Useracknowledges and agrees that the Company is not liable or responsible for thecontent, products or services of such advertisers or the websites, links,information, messages, offers or privacy practices of such Third-Party Advertisers.
The User understands that advertising playsan important role in the provision of this Service, and that we will displayadvertisements and other information adjacent to or as part of the Services,which the User may use. OHM Electric Cabs may periodically send promotional emails, SMSsor push notifications to the User about Services offered by it’s advertisersand ourselves.
Wherever OHM Electric Cabs publishes or providescontent or advertisements as part of a Service we do not: warrant or representthat the content or advertisements are suitable, accurate, correct, complete,reliable, appropriate, or lawful; or endorse the content or advertisements; andthe User will obtain independent professional advice at User’s own cost beforetaking any action based upon such content or advertisements.
User’s correspondence or dealings with, orparticipation in promotions of Third Party Advertisers found on or through theElectronic Media and/or Vehicle, including payment and delivery of relatedgoods or services, and any other terms, conditions, warranties orrepresentations associated with such dealings, are solely between the User andsuch Third Party Advertiser. User agrees that OHM Electric Cabs shall not be liable forany loss or damage of any nature incurred as the result of any suchinteractions, or as the result of the presence of such Third-Party Advertiserson OHM Electric Cab’s Electronic Media and/or Vehicle.
In many cases, OHM Electric Cabs provides services ofthird parties, or it’s Services in conjunction with that of third parties. Inthose cases, the following conditions apply: OHM Electric Cabs provides such servicessubject to the terms, conditions and limitations imposed by those thirdparties. If those third parties change, suspend or stop providing suchservices, OHM Electric Cabs may similarly change, suspend or stop providing the Servicesto the User without notice. OHM Electric Cabs may nevertheless endeavor to provide sucha service in another way or by using another third party. User’s authorizeOHM Electric Cabs to provide any of User’s Personal Information (as defined in OHM Electric Cab’sPrivacy Policy) to those third parties to the extent that it may be necessaryto enable the third parties and ourselves to provide the services to the User.To the extent that there is a conflict between the third party's Terms andConditions and these Terms of Use, these Terms of Use will prevail.
When the User acquires goods, softwares orany other services from a third party through any of OHM Electric Cab’s ElectronicMedia, User understands and agrees that: OHM Electric Cabs is not a party to thecontract between User and the third party; OHM Electric Cabs is under no obligation tomonitor the third party service used by the User; the third party will beresponsible for all obligations under the contract including (withoutlimitation) warranties or guarantees; User will evaluate the product, softwareor service and the applicable terms and conditions before acquiring theproduct, software or service; and User will indemnify OHM Electric Cabs against anydamages, howsoever arising from your acquisition and use of the goods, softwareor service.
OHM Electric Cabs also reserves the right to rejector refuse any third-party service used by the User in conjunction withOHM Electric Cab’s Electronic Media.
All issues, opinions, suggestions, questionsand feedback while availing OHM Electric Cab’s Services shall be communicated to usthrough the following email address support@ohmlogistics.com. In case of a Ride booked on the Application, User shall be required to rate the Driver after completionof the Ride. User hereby agrees to be fair, accurate and non-disparaging whileleaving comments, feedbacks, testimonials or reviews on or about the Rides or Services.
Reporting of any issue needs to be within 7(seven) days of the happening of the issue, failing which, such issue will notbe addressed. The User agrees and acknowledges that any and allissues/complaints/grievance a User has, must be communicated to OHM Electric Cabs onlythrough the Electronic Media or to consumer helpdesk or grievance offices asstipulated in these Terms of Use of the Electronic Media and not on any otherthird party platform/ social media channels.
The User shall be responsible and liable inrespect of the wrongful allegation made and any issues posted on such otherthird-party platforms/social media. OHM Electric Cabs takes no liability for inabilityto get back or respond to any complaints made or content posted by the Userabout the Driver or OHM Electric Cabs on other channels.
OHM Electric Cabs shall endeavor to respond to User’sissues within 2 (two) working days of User’s reporting the same and endeavor toresolve it at the earliest possible. It is hereby clarified that issues areresolved on severity basis, and certain may be resolved earlier than the other.However, OHM Electric Cabs shall not be liable for any damages or losses in the eventthe User is not satisfied with any such resolution.
In addition and not in derogation of the specificindemnities provided by you to the Company under these Terms of Use and/orCompany Policies, you agree to indemnify, defend and hold harmless the Companyand its affiliates, officers, directors, employees, consultants,representatives, shareholders, contractors, users and agents etc. (“IndemnifiedParties”) against any/all losses, liabilities, claims, damages, demands, costsand expenses (including legal fees and disbursements in connection therewithand interest chargeable thereon) arising out of or in connection with anyclaim, suit, action, or other proceeding brought against Indemnified Parties,to the extent such Losses are based on or arising out of or in connection with:
(a) any breach or non-performance or non-compliance of any of the Terms of Useand/ or other terms and conditions of Platform with respect to use and accessof the Platform and/or availing Services on/through the Platform and/ orpurchase of the product or services of Third Party Advertisers;
(b) fortruthfulness and correctness of the information provided by the User at thetime of registration and/ or availing the Services;
(c) any claim which theDriver/Third Party Providers may have with respect to interaction,communication, dealing, dispute, and transaction between the Driver/Third Partyproviders and the User;
(d) any content posted by the User on the Platform andUser's use of the Services available on or through the Platform;
(e) any claimof third party due to, or arising out of, or in connection with, your use ofthe Platform and/ or availing of Services by the User;
(f) breach of any thirdparty rights (including, but not limited to, claims in respect of defamation,invasion of privacy, or infringement of any other intellectual property right)by you.
The information, recommendations and/orServices provided to the User on or through the Electronic Media, theApplication and OHM Electric Cab’s call center are for general information purposesonly and does not constitute advice. OHM Electric Cabs will reasonably keep theElectronic Media and its contents correct and up to date but does not guaranteethat (the contents of) the Electronic Media is free of errors, defects, malwareand viruses or that the same is correct, up to date and accurate.
OHM Electric Cabs shall not be liable for Usermissing trains/flights/events or delays etc as the Service is dependent on manyfactors not in OHM Electric Cab’s control. User must book the Ride after taking intoaccount the check-in time, traffic and weather conditions, political rallies,natural calamities, traffic barricades, car breakdowns and other un-expecteddelays.
In the event, there is a delay by the Vehiclein reaching the pickup location beyond 10 (Ten) minutes of the pickup time,OHM Electric Cabs shall only endeavour to get the User in touch with the Driver assignedfor the Ride.
OHM Electric Cabs shall not be liable for any damagesresulting from the use of or inability to use the Electronic Media, includingdamages caused by wrong usage of the Electronic Media, error in call centrenumber, network issues, malware, viruses or any incorrectness or incompletenessof the information or the or Application.
The User shall take full responsibility ofhis/her items and luggage. In case of lost items inside the Vehicle during thejourney, OHM Electric Cabs 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 thesame. If the User leaves any goods in the Vehicle or have any complaint inrespect of the Services or the use of the Vehicle, User shall have to informOHM Electric Cabs of the same in writing within 24 (twenty four) hours of using theVehicle or the Services of OHM Electric Cabs. In the event it is found, User shall beinformed about the OHM Electric Cabs office from where the User can collect it after 3(three) working days from the date User was informed. OHM Electric Cabs however shallnot be responsible for delivering the same back to the User. If requested,OHM Electric Cabs may deliver the misplaced item/s back to the User after 3 (three)working days from the date User was informed, subject to the place of deliverybeing within twenty (20) kms from the OHM Electric Cabs office. OHM Electric Cabs shall chargethe User a flat fee of Rs 500 for such delivery.
OHM Electric Cabs does not assure a completesustainability of its Service and shall not be held responsible or liable forthe same, in any manner.
OHM Electric Cabs shall not be responsible for anyloss of communication / information of status update and benefits under theprogram. All this information will be sent on mobile number and/or email IDregistered with OHM Electric Cabs. OHM Electric Cabs will not be responsible for appropriatenessof mobile or email or any other communication medium. The User shall beresponsible for immediately reporting the errors, if any, occurred in theinformation sent to the User regarding booking confirmation.
IN NO EVENT SHALL OHM Electric Cabs BE LIABLE FOR ANYDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FORANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICTLIABILITY OR OTHERWISE, EVEN IF OHM Electric Cabs HAS BEEN ADVISED OF THE POSSIBILITYTHEREOF.
IN ADDITION, AND WITHOUT LIMITING THEFOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILLOHM Electric Cab’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMSOF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDINGNEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEEDTHE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
If Applicable Law does not permit theexclusion of certain warranties or the limitation or exclusion of liability,the scope and duration of such warranty exclusions and the extent of theliability of OHM Electric Cabs shall be the minimum permitted under Applicable Law.
OHM Electric Cabs alone (and its licensors, whereapplicable) shall own all right, title and interest, including all relatedintellectual property rights, in and to the Electronic Media and the Serviceand any suggestions, ideas, enhancement requests, feedback, recommendations;text, graphics, user interfaces, visual interfaces, photographs, trademarks,logos, sounds, music, artwork and computer code; or other information providedby the User or any other party relating to the Electronic Media or the Service.
Third party trademarks may appear on thisElectronic Media and all rights therein are reserved to the registered ownersof those trademarks. For use of any third party's intellectual property, Userneeds to get permission directly from the owner of the intellectual propertyfor any use.
These Terms of Use do not constitute a saleand do not convey to the User any rights of ownership in or related to theElectronic Media or the Service, or any intellectual property rights owned byOHM Electric Cabs. The User shall be solely responsible for any violations of any lawsand for any infringements of any intellectual property rights caused by use ofthe Services or the Electronic Media.
The User may use information on theElectronic Media purposely made available by OHM Electric Cabs for downloading from theElectronic Media, provided that the User:
Does not remove any proprietary noticelanguage in all copies of such documents and make no modifications to theinformation;
Use such information only for User’spersonal, non-commercial informational purpose and do not copy or post suchinformation on any networked computer or broadcast it in any media; or
Does not make any additionalrepresentations or warranties relating to such information.
You agree that the Company, in its solediscretion and for any or no reason, may terminate the account (or any partthereof) you may have with the Company or use of the Electronic Media andremove and discard all or any part of your account or any content uploaded byyou, at any time. The Company may also in its sole discretion and at any timediscontinue providing access to the Electronic Media, or any part thereof, withor without notice. You agree that any termination of your access to theElectronica Media or any account you may have or portion thereof, may beeffected without prior notice, and you agree that the Company will not beliable to you or any third party for any such termination.
In addition to the reasons and the groundsof termination expressly provided for in these Terms of Use above, the Company,in its sole discretion, reserves the right to terminate any account (or anypart thereof) or deny access to any account or use of the Service or remove anddiscard any content within the Service, for any reason, including, withoutlimitation:
Registration of any account using false ormisleading information; or
Volation or inconsistent acts with theletter or spirit of the Terms of Use; or
Violation of any Applicable Laws.
You acknowledge and agree that the Companymay immediately deactivate or delete your account and all related informationand files in your account and/or bar any further access to such files or theService. Further, you agree that the Company shall not be liable to you or anythird-party for any termination of your account or denial of access to theService. In the event of termination of your account by the Company due to anyof the aforementioned reasons, the Company shall have the sole discretion toterminate or cancel any of your past acts without any liability to the Company.
The Company does not permit copyrightinfringing activities on the Electronic Media and reserves the right toterminate access to the Electronic Media and remove all content submitted byany persons who are found to be infringers. Any suspected fraudulent, abusive,or illegal activity that may be grounds for termination of your use of theElectronic Media may be referred to appropriate law enforcement authorities.These remedies are in addition to any other remedies the Company may have underlaw, contract and/or equity.
You may, by giving a written notice to us atthe following link support@ohmlogistics.com, terminate or deactivate your account atany time and/or remove any data or files uploaded by you on the account orrequest us to do the same. Provided that such deactivation or terminationeither by you or by us will not prejudice any of your past lawful acts on theElectronic Media.
Unless terminated in accordance with thisClause, the agreement between OHM Electric Cabs and the User is perpetual in nature upondownloading the Application and for each Ride booked through the Website orApplication or through call center.
The User is entitled to terminate theagreement at all times by deletion of the User Account, thus disabling the useby the User of the Electronic Media. The User can close the User Account at anytime by following the instructions on the Electronic Media.
Termination of this agreement will notprejudice accrued rights of either OHM Electric Cabs or User.
These Terms of Use are subject to the lawsof India.
All disputes arising out of or in connectionwith the Terms of Use shall be attempted to be settled through negotiationbetween senior management of the Company and the User. If any dispute arisingbetween the parties is not amicably settled within reasonable period of sixty(60) days of the initiation of the aforesaid dispute resolution mechanisms,then, the same shall be resolved by arbitration in accordance with theprovisions of the Rules of Arbitration of the Indian Council of Arbitration forthe time being in force, which rules shall be deemed to be incorporated byreference in this Clause 20. The dispute shall be referred to one (1)arbitrator to be appointed/ nominated by the Company. The place of arbitrations hall be Hyderabad. The language of the arbitration will be English. Thedecision of the arbitrator will be final, binding and incontestable and may beused as a basis for judgment thereon in India or elsewhere. The Company and theUser will bear its own costs of the arbitration.
We are not liable for any infringement ofcopyright, trademark, patterns and/or any intellectual or proprietary rights ofany third party, arising out of contents and/or materials posted on ortransmitted through the Electronic Media or items advertised thereon.
We shall have no liability to you for anyfailure and/or delay in performance of Services or any interruption or delay,to access the Electronic Media, if that failure and/or delay is due to reasonsor circumstances beyond our reasonable control (and the time for performance ofthe same shall be and is extended accordingly). However, if we decide to grantyou an indulgence on the performance of any obligation under these Terms ofUse, such indulgence shall not constitute waiver of any of our rights.
These Terms of Use and the Company Policiesincorporated herein by reference constitute the entire agreement between theparties with respect to the subject matter hereof and supersedes and replacesall prior or contemporaneous understandings or agreements, written or oral,regarding such subject matter.
The rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
If any provision of the Terms of Use becomes or is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable then such invalidity, illegality or unenforceability shall notaffect the validity of the other provisions of the Terms of Use, which shall remain in full force and effect.
No representation of our employees, officers or agents or those contained and advertised on the Website or the Electronic Media shall represent an addition or amendment to these Terms of Use unless the same has been set out in writing and signed by one of our directors.
You agree not to assign, transfer or novate your rights or obligations under these Terms of Use, without our prior written consent, if applicable.
The laws of India will govern these Terms of Use. By accepting to these Terms of Use you agree to irrevocably submit to the exclusive jurisdiction of the courts at Hyderabad, Telangana in respect of any disputes, acts, matters or controversies arising as a result of breach of these Terms of Use those relating to the validity, enforcement and/or interpretation of the terms of these Terms of Use.
Failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms of Use.
In our discretion we may serve any noticeor communication on you by email, fax or mail. In the case of notices sent by(a) fax, you will be deemed served at the time and date of dispatch and receipt of confirmation regarding successful transmission of the fax; (b) email, you will be deemed served at the time and date of receipt of such email by you; and(c) mail, you will be deemed served 5 (five) business days after dispatch ofthe same.
No person other than you has any rights under these Terms of Use and cannot enforce these Terms of Use.
As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, email and/or fax as we may deem appropriate to send you in connection with our Website and Services. For further details relating to the same, please refer to our Privacy Policy.
The invalidity of any term of these Terms of Use shall not affect the validity of the other provisions of these Terms of Use. If and to the extent that any provision of these Terms of Use is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these Terms of Use.
OHM Electric Cabs may give notice by means of a general notice on the Service or Electronic Media, or by electronic mail to User’s email address or a message on User’s registered mobile number, or by written communication sent by regular mail to User’s address on record in OHM Electric Cab’s account information.
The User may contact OHM Electric Cabs by electronic mail to the compliance Officer at the email address meet@ohmlogistics.com or by written communication sent by regular mail to support@ohmlogistics.com.
OHM Electric Cabs shall not be liable for any failure to perform any obligations under these Terms of Use, 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.
Any complaints, abuse or concerns with regards tocontent and or comment or breach of these Terms of Use shall be immediately informed to Mr. Meet Goradia ("Chief Operating Officer") through email at meet@ohmlogistics.com with the electronic signature or in writing at thefollowing address to:
Attn: Meet Goradia
Designation : Chief Operating Officer, OHM Logistics Pvt. Ltd.
Corporate Address : H.O, 20B, ASCI Campus, Road No 5, Banjara Hills, Hyderabad - 500034.