Terms and Conditions
These terms and conditions (“User Terms”) apply to Your visit to and use, of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND TIRTH TRAVELS IN RESPECT OF THE USE AND SERVICES OF THE SITE.
1. DEFINITIONS
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
(i) “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Tirth Travels.
(ii) “Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party / government authorities for undertaking the Ride under Applicable Law.
(iii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
(iv) “Application” shall mean the mobile application “Tirth Travels” updated by Tirth Travels from time to time.
(v) “Convenience Fee”/” Access Fee” shall mean the fee payable by the Customer to Tirth Travels for the Service i.e., for availing the technology services offered by Tirth Travels, door to door service, wi-fi access, customer support and cashless payment options. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
(vi) “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause of these User Terms and the Cancellation Terms and Conditions available at https://www.tirthtravels.in/. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.—Need to mention specific if any
(vii) “City of Operation” shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Customers shall be in the same city.
(viii) “Customer/ You” means a person who has an Account on the Application.
(ix) “Corporate Customer” Shall mean any company or organization who want to take services of Tirth Travels for the business purposes. The Tirth travel has rights to decide specific rates and services for the corporate customers.
(x) “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with Tirth Travels and own the Vehicles and who have necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
(xi) “Fare” shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any. In relation to Auto (a motor cab), the Fare shall be as prescribed by law and/or as stipulated by relevant authorities.
(xii) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Tirth Travels.
(xiii) “Tirth Travels” or “us” or “we” or “our” shall mean proprietary firm as per the Indian law and having its corporate office at 305,306, 3rd Floor, Anand Complex, Behind Aditya Complex, Kasak, Bharuch-392002, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
(xiv) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Tirth Travels from the Customer from time to time for registration on the Application.
(xv) “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
(xvi) “Service(s)” means the facilitation of transportation service by Tirth Travels through the Application or via a telephone request at the call center of Tirth Travels, or booking on the Site, within the City of Operation, as elaborated in Clause 4.
(xvii) “Site” shall mean the Application and the website https://www.tirthtravels.in/ operated by Tirth Travels or any other software that enables the use of the Application or such other URL as may be specifically provided by Tirth Travels.
(xviii) “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.
(xix) “Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
(xx) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
(xxi) “Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act,1988.
2. ELIGIBILITY
You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
3. REGISTRATION AND ACCOUNT
3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3.3 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, whether initiated by You or any third party. Your Account cannot be transferred, assigned or 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.
3.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any
other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Tirth Travels does not want You to, and You should not, send any confidential or proprietary information to Tirth Travels on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Tirth Travels other than the Permitted Information will not be considered confidential or proprietary.
3.6 It is Your responsibility to check to 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 download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
3.7 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at admin@tirthtravels.in. 3.8 In case, You are unable to access Your Account, please inform Us at admin@tirthtravels.in 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, and shall not have any liability in case of Force Majeure Event.
4. SERVICES
4.1. The Site permits you to avail the transportation services offered by us. The Service allows You to send a request through Tirth Travels to a Driver on the Tirth Travels network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Tirth Travels notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Tirth Travels may determine.
4.2. Tirth Travels shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
4.3. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide Tirth Travels with such information and documents which Tirth Travels may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the call center of Tirth Travels, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply; (viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
4.4. Tirth Travels reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Tirth Travels will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Tirth Travels on any change in the information provided by You.
4.5. Tirth Travels or an authorized representative of Tirth Travels, shall provide information regarding services, discounts and promotions provided by Tirth Travels to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.
4.6. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, Tirth Travels on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.
4.9. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site.
4.10. Tirth Travels bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.
5. CONFIRMATION OF BOOKING
5.1. Tirth Travels shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call center.
5.2. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Tirth Travels of the incorrect details immediately.
6. PAYMENT
6.1. Tirth Travels shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Tirth Travels. The Convenience Fee or Access Fee shall be payable by you to Tirth Travels and shall be informed to you before you begin your ride.
6.2. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
6.3. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
6.4. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
6.5. The Total Ride Fee will be collected by the Driver or Tirth Travels from You at the end of the Ride, as set out in Clause 6.6 below.
6.6. Tirth Travels shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the Tirth Travel for the Fare and Additional Fee, and the Convenience Fee or Access Fee raised by Tirth Travels shall be provided to You on request. You may raise a request for a copy of the invoices from our Support page.
6.7. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, and Cancellation Fee shall be borne and payable by you to Tirth Travels, as the case may be.
6.8. You shall choose to pay for the Service Fee by any of the following four methods: (i) Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver. (ii) E-Wallet payment: Tirth Travels offers you the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”) as an when available.
6.9. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. Tirth Travels shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
7. CANCELLATION POLICY
7.1. You agree and acknowledge that you may cancel your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below: In Micro/Mini/Prime/Sedan/SUV/Luxury/Rental categories, 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 10 minutes
• Notwithstanding the foregoing, if the Driver is delayed by more than five (15) minutes to pick You, You will not be charged any Cancellation Fee.
7.2. You shall be notified of the applicable Cancellation Fee in advance whenever you attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
7.3. Tirth Travels shall provide a receipt of the Cancellation Fee, if any, payable by you for every cancellation in terms of the table above for such cancellations. You may raise a request for a copy of the invoices from the Support page.
7.4. The Cancellation Fee shall be payable by you at the completion of your subsequent Ride.
7.5. The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms.
7.6. This Clause 7 shall not apply to corporate rides availed pursuant to the terms and conditions.
8. USER TERMS
8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act as per the Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Tirth Travels.
9. CUSTOMER RELATIONSHIP MANAGEMENT
9.1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address: admin@tirthtravels.in. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
9.2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
9.3. Any issue reported on channels other than the above may be addressed by Tirth Travels only on a best-effort basis. Tirth Travels takes no liability for inability to get back on other channels.
9.4. Tirth Travels shall endeavor to respond to Your issues within 7(Seven) working days of Your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Tirth Travels shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
10. FORCE MAJEURE
10.1 We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
11.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and Tirth Travels call center are for general information purposes only and does not constitute advice. Tirth Travels will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
11.2. Tirth Travels shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Tirth Travels’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
11.3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Tirth Travels shall only endeavour to get You in touch with the Driver assigned for Your Ride.
11.4. Tirth Travels shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
11.5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Tirth Travels will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Tirth Travels of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Tirth Travels. In the event it is found, You shall be informed about the Tirth Travels office from where You can collect it after 3 (three) working days from the date You were informed. Tirth Travels however shall not be responsible for delivering the same back to You. If requested, Tirth Travels may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the Tirth Travels office. Tirth Travels shall charge You a flat fee of Rs 500 for such delivery.
11.6. Tirth Travels does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
11.7. Tirth Travels shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Tirth Travels. Tirth Travels will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
11.8. IN NO EVENT SHALL TIRTH TRAVELS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TIRTH TRAVELS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
11.9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIRTH TRAVELS’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
12. INTELLECTUAL PROPERTY OWNERSHIP
12.1. Tirth Travels alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual
property, You need to get permission directly from the owner of the intellectual property for any use.
12.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Tirth Travels. You shall be solely responsible for any any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
12.3. You may use information on the Site purposely made available by Tirth Travels for downloading from the Site, provided that You:
(i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) 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 (iii) do not make any additional representations or warranties relating to such information.
13. TERM AND TERMINATION OF LICENSE AGREEMENT
13.1. Unless terminated in accordance with this, the agreement between Tirth Travels and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
13.2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
13.3. Tirth Travels is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) breach any term of these User Terms, or (b) in the opinion of Tirth Travels, misuse the Application or the Service. Tirth Travels is not obliged to give notice of the termination of the agreement in advance. After termination Tirth Travels will give notice thereof in accordance with these User Terms.
13.4. Termination of this agreement will not prejudice accrued rights of either Tirth Travels or You.
14. CONFLICT In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Tirth Travels, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
15. DISCLAIMER
15.1. Tirth Travels does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Tirth Travels also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.
15.2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
15.3. Tirth Travels and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance
upon the Service or the information contained upon the Site (whether arising from Tirth Travels or any other person's negligence or otherwise).
15.4. This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Tirth Travels shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
16. MODIFICATION OF THE SERVICE AND USER TERMS
16.1. Tirth Travels reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
16.2. Tirth Travels shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Tirth Travels last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Tirth Travels may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
17. NOTICE
17.1. Tirth Travels may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Tirth Travels’s account information.
17.2. You may contact Tirth Travels by electronic mail at Our email address admin@tirthtravels.in or by written communication sent by regular mail to Our address at 305,306, 3rd Floor, Anand Complex, Behind Aditya Complex, Kasak, Bharuch-392002
18. ASSIGNMENT
18.1. You shall not assign Your rights under these User Terms without prior written approval of Tirth Travels. Tirth Travels can assign its rights under the User Terms to any affiliate.
19. APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Tirth Travels as Tirth Travels may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Tirth Travels and You. The place of the arbitration shall be Bharuch, Gujarat, unless otherwise mutually agreed by Tirth Travels and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bharuch, Gujarat, India.
20. ADMINISTRATIVE AND LEGAL REASONS
We cooperate with Government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Protected Information, IP address, Device Information or geo-location data), to Government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, Governmental requests or legal process; (ii) to protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential thereof; (iii) to protect the safety, rights, property or security of the Company, our Services or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; and /or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.
21. WITH THE OWNER OF TIRTH TRAVELS ACCOUNTS THAT YOU MAY USE
If you use an account or profile associated with another party we may share the details of the trip with the owner of the profile. This may occur:
A. If you use your employer’s profile under a corporate arrangement;
B. If you take trip arranged by a friend.
22. THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SERVICES
The Services may contain content that is supplied by a third party, and those third parties may collect website usage information and your Device Identifier when web pages from any online or mobile Services are served to your browser. In addition, when you are using the Services, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. For example, if you click on a banner advertisement, the click may take you away from one of our websites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Protected Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Services and to read the privacy statements of all third party web sites or applications before submitting any Protected Information to third parties.
23. SOCIAL MEDIA FEATURES AND WIDGETS
Our online and mobile Services may include social media features, such as the Facebook Like button, and widgets such as a “Share This” button, or interactive mini-programs that run on our online and mobile Services. These features may collect your IP address, photograph, which page you are visiting on our online or mobile Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our online Services. Your interactions with these features and widgets are governed by the privacy policy of the company providing them.
24. INFORMATION COLLECTED BY DRIVERS
This Privacy Policy shall not cover the usage of any information about you which is obtained by the driver or the company to which the driver belongs, while providing you a ride on a cab booked using the Services, or otherwise, which is not provided by us.
25. CHANGE OF INFORMATION AND CANCELLATION OF ACCOUNT
(a) You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Protected Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through email address mentioned on our website or Mobile Application. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.
(b) You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.
(c) If upon modifying or changing the information earlier provided to Us, we find it difficult to permit access to our Services to you due to insufficiency/ inaccuracy of the information, we may, in our sole discretion terminate your access to the Services by providing you a written notice to this effect on your registered email id.
(d) If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through email address mentioned on the trip bill received. We will retain your Protected Information and Usage Information (including geo-location) for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Protected Information and Usage Information (including geo-location, trip history, and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account, investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.
26. SECURITY
The Protected Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone.
27. GRIEVANCE OFFICER
Tirth Travels hereby appoints Tirth Travels Support Manager as the grievance officer for the purposes of the rules drafted under the Information Technology Act, 2000, who may be contacted at support@tirthtravels.in. You may address any grievances you may have in respect of this privacy policy or usage of your Protected Information or other data to him.
28. CHANGES TO THE PRIVACY POLICY
From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
13. Limitations