Terms & Conditins

This Site/ Application/ Services is/are operated /provided by Megalith consultantspvt.Ltd..

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 Mega Taxi IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://www.megataxi.in. By accepting these User Terms, you also allow Mega Taxi to send you promotional emails and SMS alerts from time to time.

IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO CORPORATE ENTITIES WHO ARE GOVERNED BY THE MEGA TAXI CORPORATE TERMS OF USE. HOWEVER, ALL AUTHORIZED USERS TAKING ‘Mega Taxi CORPORATE RIDES’ I.E., FOR CUSTOMERS WHO ARE AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN CORPORATE ENTITIES AND Mega Taxi SHALL ALSO BE GOVERNED BY THESE USER TERMS.

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 Mega Taxi.

(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 “Mega Taxi” updated by Mega Taxi from time to time.

(v) “Convenience Fee”/” Access Fee” shall mean the fee payable by the Customer to Mega Taxi for the Service i.e., for availing the technology services offered by Mega Taxi, 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 7 of these User Terms and the Cancellation Terms and Conditions available attaxi.in. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, 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) “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 Mega Taxi 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.

(x) “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.

(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 Mega Taxi.

(xiii) “Mega Taxi” or “us” or “we” or “our” shall mean Megalith Consultants Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office at BRIJ NAGAR, MIRAN SAHIB, R S PURA, Jammu, Jammu and Kashmir, 181101>, 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 Mega Taxi 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 Mega Taxi through the Application or via a telephone request at the call centre of Mega Taxi, or booking on the Site, within the City of Operation, as elaborated in Clause 4.

(xvii) “Site” shall mean the Application and the website operated by Mega Taxi or any other software that enables the use of the Application or such other URL as may be specifically provided by Mega Taxi.

(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) “TPSP” shall mean a Driver and/or an operator associated with us offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.

(xxii) “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”), Mega Taxi  does not want You to, and You should not, send any confidential or proprietary information to Mega Taxi 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 Mega Taxi 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 support@megataxi.in. 3.8 In case, You are unable to access Your Account, please inform Us at support@megataxi.in and make a written request for blocking Your Account. We will not be liable for any unauthorised 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 TPSPs. The Service allows You to send a request through Mega Taxi to a Driver on the Mega Taxi network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Mega Taxi 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 Mega Taxi may determine.

4.2. Mega Taxi 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 Mega Taxi with such information and documents which Mega Taxi 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 Mega Taxi, 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. Mega Taxi 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, Mega Taxi will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Mega Taxi on any change in the information provided by You.

4.5. Mega Taxi or an authorised representative of Mega Taxi, shall provide information regarding services, discounts and promotions provided by Mega Taxi 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.