GoPink Cabs Terms and Conditions
GO PINK | GOPINK UNITED ENTERPRISE LLP | GoPink Cabs
Effective Date: 16-May-2024
This Site/Application/Services is/are operated/provided by GOPINK UNITED ENTERPRISE LLP ("GoPink").
Welcome to GoPink Cabs, a unique service dedicated to providing a safe, dependable, and women-friendly transportation option. Operated by [GOPINK UNITED ENTERPRISE LLP] ("GoPink" or "we"), our service is designed exclusively for women and is delivered by women drivers. By using our website, mobile application, or services (collectively, "Service"), you agree to be bound by the following terms and conditions ("Terms").
Acceptance of Terms
By registering for, accessing, or using our Service in any way, you are agreeing to these Terms and our Privacy Policy. If you do not agree with any part of these Terms, please do not use our Service.
Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Service. By using the Service, you consent to the electronic formation of this contract and acknowledge receipt of this agreement in electronic form. No signatures are required for this agreement to be binding.
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, 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 or by using GoPink's services, you are acknowledging and 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 wish to 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 GOPINK IN RESPECT OF THE USE AND SERVICES OF THE SITE. Your access and use of
the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and GOPINK. These Terms expressly supersede prior agreements or arrangements with you. GOPINK may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services.
Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at [Privacy Policy Link]. By accepting these User Terms, you also allow GoPink 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 GOPINK CORPORATE TERMS OF USE. HOWEVER, ALL AUTHORIZED USERS TAKING 'GOPINK CORPORATE RIDES' I.E., FOR CUSTOMERS WHO ARE AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN CORPORATE ENTITIES AND GOPINK SHALL ALSO BE GOVERNED BY THESE USER TERMS.
1. DEFINITIONS
All 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 GoPink.
(ii) "Additional Fee" shall mean any toll, duty, inter-state taxes, etc., that may have been incurred in providing the Services and 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 the 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 "GoPink Cabs" updated by GoPink from time to time.
(v) "Convenience Fee"/" Access Fee" shall mean the fee payable by the Customer to GoPink for the Service, i.e., for availing value-added services including but not limited to technology services, door-to-door service, customer support, and cashless payment options. Convenience Fee may also include any such fee that may be.
charged by third parties towards providing access to a particular location such as airports, railway stations, etc.
(vi) "Cancellation Fee" shall mean a fee payable by You, towards cancellation of a Ride or a booking as detailed in Clause 7 of these User Terms and the Cancellation policy.
(vii) "City of Operation" shall mean a city in which the Customers and Drivers avail and render the transportation services, respectively. For clarity, the services rendered by the Drivers 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 and persons who are registered with GoPink and own such Vehicles with necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
(xii) "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of GoPink.
(xiii) "GoPink" or "us" or "we" or "our" shall mean GOPINK UNITED ENTERPRISE LLP, a company incorporated under the provisions of the Companies Act, 1956, and having its registered office at Regent Insignia, NO 1657, Ground Floor, 10th Main,2nd Stage, A Block, Subramanya Nagar Police Station, Rajajinagar, Bengaluru, 560010, India, 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 GoPink 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 the services by GoPink through the Application or via a telephone request at the call center of GoPink or booking on the Site.
(xvii) "Site" shall mean the Application and the website https://www.gopinkcabs.com/ operated by GoPink or any other software that enables the use of the Application or such other URL as may be specifically provided by GoPink.
(xviii) "Substitute Vehicle" shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.
(xix) "Peak charge" shall mean additional charge applied in the situation where the demand is more than the available supply.
(xx) "Total Ride Fee" may comprise one or more of the following components that shall be levied to the ride based on various parameters including but not limited to distance travelled, time taken for the ride, city in which the ride is hailed, time of the day, availability of drivers nearby:
- Minimum fare
- Base fare
- Per kilometer fare (based on the total distance of the ride)
- Per minute charges (based on the time taken to complete the ride)
- Pre-wait charges (if any)
- Third party charges like insurance premium (if applicable)
- Peak charges (when applicable) *
- Past dues (if any); and
- Applicable taxes.
*Both fares and peak charges may vary based on various market dynamics such as cost of living, fuel pricing, vehicle maintenance costs, interest rates, demand, and supply situation, etc.
(xxi) 'T&Cs' and "User Terms" shall mean these Customer terms and conditions.
(xxii) "TPSP" shall mean a third-party service provider.
(xxiii) "Vehicle" shall mean a motor cab as defined under the Motor Vehicles Act,1988.
User Obligations
Account Registration: You must be at least 18 years of age to create an account and use our Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Booking and Payment
1. You Our Service requires you to book your ride at least 4 hours in advance.
2. An advance payment is required to secure your booking. This payment is part of the total ride fare.
3. Payment for rides shall be made through the payment methods provided in the Application.
3. The total ride fee, including any cancellation fees, shall be communicated to you before confirming the booking.
4. GoPink Cabs reserves the right to modify the pricing and payment terms at its discretion.
Cancellation Policy
If you cancel your booking after making an advance payment, a cancellation fee will be deducted from your refund. The specific percentage deducted is determined by GoPink and will be communicated to you.
OTP for Ride Start: Upon the cab's arrival, you must share a one-time password (OTP) with the driver to commence your ride.
Payment: After completing the ride, any pending payment must be made to finalize the transaction.
Service Availability: In the unlikely event that we cannot fulfill your booking due to all cabs being occupied, we will notify you and issue a full refund.
Customer Relationship Management
1. You may communicate any issues, opinions, or feedback regarding the Services through the Application.
2. Issues must be reported within a specified time frame for resolution.
User Conduct
1. You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Service. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Service.
2. GoPink Cabs reserves the right to terminate rides and blacklist users for violations of these User Terms.
Force Majeure
GoPink Cabs shall not be liable for any failure to perform obligations under these User Terms due to a force majeure event.
Indemnification
You agree to defend and indemnify GoPink Cabs against any claims arising from your violation of these User Terms or any applicable laws.
Liability
GoPink Cabs shall not be liable for any damages resulting from the use of the Application or inability to use the Services.
Intellectual Property
All content included on the Site, such as text, graphics, logos, button icons, images, and software, is the property of GoPink or its content suppliers and protected by international copyright laws.
Modification of Terms
GoPink reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, any changes will be displayed in popups on the mobile screen while using the app. Users will be notified of these changes within the app interface.
Contact Information
For any queries or support related to our Service, please contact us at [ operations@gopinkcabs.com /+91 97402 35556].
Governing Law
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.
By using GoPink Cabs, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
PRIVACY POLICY
1. Introduction
India is called the land of diversity, GO PINK PREMIUM CABS believe in empowering Women in the field of driving, who were once considered that driving is not a profession for them in the society.
Our Pilots are passionate about driving and will love to take care of their commuters with at most safety and care. Our Pilots are well trained and certified by Maruti Suzuki Driving School, Bangalore, India. All are fluent in multiple Indian languages, well versed in the local geographies of Bangalore also trained in self- defense tactics. Our cabs come equipped with standard security features such as GPS, SOS (panic button), fire extinguisher etc; with a central monitoring facility at our office.
The initiative of GO PINK PREMIUM CABS is to Empowering women in the field of driving, which provides a safe and secure environment to women and senior citizen commuters. We at Go Pink Premium cabs give opportunities to Women who are passionate about driving, women coming from Under privileged background, Single parent and even who are sole bread winner of the family. Women who want to prove that this profession is no less for them where they challenge themselves driving our commuters at wee hours being safe and secure to their destinations.
In this Privacy Policy "we", "our" and "us" refers to Connect and "you", "your" and/or "Users" refers to the user of the Platform. Our Platform is for teachers and students.
You must be 18 years of age or older to visit or use the Website and/or Application in any manner. If you are under the age of 18, you should review this Privacy Policy with your parent or legal guardian to make sure that you and your parent or legal guardian understands and agrees to it and further, ,if required, you shall perform or undertake such activities which will entitle you to enter into a legally binding agreement with the Company. By visiting this Website and/or Application or
accepting this Privacy Policy, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and/or Application and agree to and abide by this Privacy Policy. You also represent and warrant to the Company that you will use this Privacy Policy in a manner consistent with any and all applicable laws and regulations.
This document is published and shall be construed in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 ("Data Protection Rules") under the Information Technology Act, 2000; that require publishing of the Privacy Policy for collection, use, storage and transfer of information. The information collected from you could be categorized as "Personal Information", "Sensitive
Personal Information" and "Associated Information". Personal Information, Sensitive Personal Information and Associated Information (each as individually defined under the Data Protection Rules) shall collectively be referred to as "Information" or "Personal Information" or "Personal Data" in this Policy
This Privacy Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, rules made thereunder, and any other applicable statutes, as amended from time to time. This Privacy Policy does not require any physical, electronic or digital signature.
Please read this Privacy Policy carefully. By using the Platform, you indicate, agree and acknowledge that you understand, agree and consent to this Privacy Policy and to the collection and use of information in accordance with this Privacy Policy.
Our Privacy Policy governs your use of the Services on the Platform, and explains how we collect, safeguard and disclose information that results from your use of the Service. We reserve the right to amend and supplement to complete this Privacy Policy at any time. Whenever there is a change to our Privacy Policy, we post updates on our Website and/or Application. We encourage you to regularly review this Privacy Policy to get the latest updates to ensure you know and exercise the right to manage your Personal Information.
Our Terms and Conditions ("Terms") govern all use of our Service and together with the Privacy Policy constitutes your agreement with us ("Agreement").
2. Definitions
Unless otherwise defined elsewhere in this Privacy Policy, the following terms shall have the meanings assigned to them as herein below for the purposes of this Privacy Policy:
"USAGE DATA" means information and data collected and captured as a result of the use of Service.
"COOKIES" mean small data files stored on your device (computer or mobile device).
"DATA CONTROLLER" means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
"DATA PROCESSORS" OR "SERVICE PROVIDERS" means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
3. Information Collection and Use
3.1 Collection of Data
In order to avail the Services under the Platform, registration by the User is mandatory. You are fully responsible for all activities that occur under your account. You specifically agree that the Company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Platform. By registering, you consent to provide information including Personal Data.
The Company respects the privacy of the Users of the Services and is committed to reasonably protect it in all respects.
In order to provide Services and to maintain and improve the Platform, we require certain information (including Personal Data) and may obtain your Personal Data when you register with us, when you express an interest in obtaining information about us or our products and Services, when you participate in activities on our Platform or otherwise contact us. Such Personal Data may be collected in various ways including during the course of your:
1. Registration as a User on the Platform;
2. Availing Services offered on the Platform. Instances of such Services include but are not limited to, communicating with the Company customer service by phone, email or otherwise or posting user reviews in relation to Services/products available on the Platform;
3.2 Types of Data Collected
We collect different types of information, including Personal Data, for various purposes to provide and improve our Service for you.
1. Personal Data
While using our Service, we may ask you to provide us with certain Personal Data i.e. personally identifiable information that can be used to contact or identify you. Personal Data may include, but is not limited to:
o Email address
o First name and last name
o Phone number
o Address, Country, State, Province, ZIP/Postal/Pin code, City
o Other contact information
o Cookies and Usage Data
2. Usage Data
We may also collect information that your browser sends whenever you visit our Platform and/or use the Service or when you access the Platform by or through any device ("Usage Data").
3. Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Platform and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.
Examples of Cookies we use:
o Session Cookies: We use Session Cookies to operate our Service.
o Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
o Security Cookies: We use Security Cookies for security purposes.
3.1.1 Purpose for Collection and Use of Data
All required information is Service dependent and the Company may use the above said user Information to, maintain, protect, and improve the Services. The Company uses the collected data for various purposes including as follows:
. To create and maintain an online account with the Platform;
. to maintain our Platform and enable you to avail the Services;
. to notify you about changes to our Service;
. to allow you to participate in interactive features of our Service when you choose to do so;
. to provide customer support;
. to analyse information so that we can improve our Platform and Services;
. To maintain records and provide you with an efficient, safe and customized experience while using the Platform;
. to detect, prevent and address technical issues;
. to fulfil any other purpose for which you provide it;
. to verify your identity and prevent fraud or other unauthorized or illegal activity;
. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
. in any other way we may describe when you provide the information;
. to comply with applicable laws, rules, and regulations; and
. for any other purpose with your consent.
You agree that we may use Personal Information about you to analyse site usage, improve the Platform's content and Service offerings, and customise the Platform's content, layout, and Services. These uses improve the Platform and better tailor it to meet your needs, so as to provide you with an efficient, safe and customized experience while using the Platform.
3.1.2 Retention of Data
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
We reserve the right to retain the aggregated and anonymized data derived from the Personal Data collected from the users of the Platform including your Personal Data, for any purposes (commercial and non-commercial) as the Company deem fit and proper.
3.1.3 Withdrawal of Consent
You may withdraw your consent given for collecting any Information and Personal Data under this Privacy Policy and pursuant to use of the Services, at any time by sending an email to operations@gopinkcabs.com In such an event, the Company reserves the right to not allow you further usage of the Website and the Application or provide/use any Services thereunder, without any obligations or liability, whatsoever, whether in contract, tort, law, equity or otherwise, in this regard.
4. Disclosure of Data
We may disclose Personal Data that we collect, or you provided on our Platform as follows:
4.1 Disclosure for Law Enforcement and other legal necessity.
We reserve the right to use or disclose your Personal Data in response to any statutory or legal requirements. We will use and disclose your Personal Data if we believe you will harm the property or our rights or right of the other Users of our Platform. Finally, we will use or disclose your Personal Data if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of the Platform’s other policies, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
We reserve the right to use or disclose your Personal Data and other information if we believe that disclosure is necessary or appropriate to protect rights, property and safety of the Company, its users, customers, Service Providers, officers and shareholders. We may also in good faith share information with other organizations and entities for the purposes of fraud protection and credit risk reduction.
4.2 Business Transaction
If we or our subsidiaries are involved in a merger, acquisition or asset sale, and/or in the event the ownership or control of our Platform changes, we may transfer your information to the new owner.
4.3 Other Disclosures
We may also disclose your Personal Data as follows:
. to our subsidiaries and affiliates;
. to fulfill the purpose for which you provide it;
. for the purpose of including your institution / company’s logo on our website;
. for any other purpose disclosed by us when you provide the information; and
. with your consent in any other cases.
5. Data Security Practice and Procedure
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
5.1 Security of Data
We maintain strong security safeguards to ensure the security and confidentiality of the User’s data, protect against any anticipated threats to the security of your Personal Information, protect against unauthorized access to your information, and ensure the proper disposal of your Personal Information. We have adopted a comprehensive security policy that complies with laws and regulations and reflects industry standards. We have in place appropriate safeguards and security measures to protect the personal data you provide on this Platform against accidental or any other unlawful forms of processing.
Our security policy requires us to consistently monitor the risk of any threats to the administrative, technical, and physical safeguards we have put in place to protect your information. The safeguards include, at a minimum, firewalls and data encryption and restricting access to your Personal Information only to those employees who have a need to know such information to carry on our operations. These safeguards are reviewed and adjusted periodically based on ongoing risk assessments.
5.2 Transfer of Data
The information, including Personal Data, we obtain from or about you may be maintained, processed and stored by us on the systems situated in the territory of Republic of India.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
The Company will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other Personal Information.
We comply with generally accepted industry standard regulations regarding the collection, use, and retention of data under the Information Technology Act, 2000 and Data Protection Rules. By using the Platform and/or Services, you consent to the collection, transfer, use, storage and disclosure of your information as described in this Privacy Policy, including to the transfer of your information outside of your country of residence.
6. Changes to This Privacy Policy
This Privacy Policy will remain in effect except with respect to any changes in its provisions in the future. We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Privacy Policy at any time and you are advised to review this Privacy Policy periodically for any changes. Your continued use of the Platform and our Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
7. COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY PROTECTION
Connect is an intellectual property of the Company, all materials on the Platform are protected by copyright laws, trademark laws, and other intellectual property laws. Any unauthorized use of any such information or materials may violate copyright laws, trademarks laws, intellectual property laws, and other laws and regulations.
8. Contact Us
For any queries or support related to our Service, please contact us at [ operations@gopinkcabs.com /+91 97402 35556].