THESE TERMS OF SERVICE ("TERMS OF SERVICE" or “ToS”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
These terms of services shall be construed in conformity with the provisions of Rule (3) of the information technology (intermediaries’ guidelines) rules, 2011 under information technology act, 2000 that require publishing the rules and regulations and privacy policy for access or usage of mobile application.
If you are accessing TaxiBay mobile application terms of services shall apply and there may be additional terms by mobile application store Apple’s store, Android play store from time to time which will govern the use of mobile application.
By using TaxiBay mobile application and Services, you signify your acceptance of Terms of Services. If you do not agree or are not comfortable with terms described herein, your only remedy is to discontinue use of TaxiBay mobile apps. We reserve the right, to modify Terms of Services at any time.
These Terms of services of the website located at URL https://TaxiBay.in/terms and mobile application under the brand name “TAXIBAY” is in between TBay Technologies Private Limited (hereinafter “TBay” or “TaxiBay” or “We” or “Us” or “Our”) a company incorporated under laws of India having it’s registered office at KS Towers, No 10, New BEL Road, Bangalore- 560094, India and the users (hereinafter “you” or “Your” or “Yourself” or “User” ).
TBay platform provides means to enable user who seek transportation from/to certain destinations to be matched with persons driving to or through those destinations ("Taxi Owners, Travel Operators"). For purposes of this Agreement these services shall collectively be defined as the "Services". The Services provided are for personal and non-commercial use only. The Travel Operators or Indipendent Taxi owners are not employed with TaxiBay and are valid permit holders. User acknowledge that TaxiBay does not provide transportation, do aggregation or any function as transport carrier. User acknowledge that TaxiBay acts as only software provider to connect the User and Service Provider.
TAXIBAY DOES NOT PROVIDE TRANSPORTATION SERVICES, AND TAXIBAY IS NOT A TRANSPORTATION CARRIER OR AGGREGATOR. IT IS UP TO THE DRIVER OR TRAVEL LINES TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A COMMUTER CONTACTED THROUGH THE TAXIBAYPLATFORM, AND IT IS UP THE COMMUTER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE TAXIBAY PLATFORM. TAXIBAY IN NO WAY INVOLVED IN SETTING PRICE OF THE TRIPS AND IT IS THE TAXI OWNER AND TRAVEL OPERATORS WHO SET PRICE. TAXIBAY HAS CHECKS TO ENSURE PRICES ARE NOT QUOTED ABOVE GOVT PRESCRIBED RATES.
ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE TAXIBAY PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. TAXIBAY OFFERS DYNAMIC PRICE INFORMATION AND A METHOD TO CONNECT SERVICE PROVIDERS AND RIDERS WITH EACH OTHER, BUT DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY RIDER BY ANY SERVICE PROVIDER USING THE TAXIBAY PLATFORM.
The Site or Mobile application is a platform that Users utilize to meet and interact with one another for entering into vehicle hiring contract. TaxiBayis not and cannot be a party to or control in any manner any Contracts between the Site’s Users.
TAXIBAY Services are available only to, and may only be used by individuals who can form legally binding contract. You represent that you are of legal age (18 years or older) to form a binding contract and is not barred from using Services under the applicable laws of India. You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by the terms and conditions of this Agreement. You are solely authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or TAXIBAY for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. TAXIBAY has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact us immediately.
In order to access Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to TAXIBAY will always be accurate, correct and up to date. You may also register by logging into your account with your personal information from certain third party social networking sites (e.g. Facebook). You confirm that you are the owner of the social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this agreement and your use of the services.
You/User shall refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation while using our Services; You are liable to take full responsibility of your belonging and TAXIBAY shall not be liable in case of loss/theft of any belonging of Users. TAXIBAY shall do it’s best efforts to assist in locating lost belongings of Rider at it’s sole discretion.
By creating an account, you agree to receive certain communications from TAXIBAY from time to time. You may opt-out from receiving by communicating to us. You acknowledge opt-out may affect your use of Services. You also agree to the use of your data in accordance with TAXIBAY Privacy Policy
You hereby agree and assure TAXIBAY that Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws.
You agree that any mandatory amounts charged following a ride (a “Charge”) are due immediately upon completion of ride or at beginning of the ride as agreed b/w you and the service provider.
Payment terms are dictated by the service providers and you as user agree to abide by the same if availing the service. The refund and cancellation policy will be according to service provider and shall apply at all times regardless of a Rider's decision to terminate usage of TAXIBAY, our decision to terminate a rider's usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever.
TAXIBAY is free to use for commuter and doesn’t have any charges as administrative fee (the "Administrative Fee").
TAXIBAY may change its administrative fee as it deems fit for it’s business. We encourage You to check this agreement periodically if you are interested in keeping abreast of the rate of our administrative fee.
In certain instances, TaxiBay may offer its Users the facility of cancelling bookings related to Service Contracts through its platform. TaxiBay makes no guarantees expressly or impliedly, and assumes no liability in relation to the facilitation of such cancellations.
Cancellation policy will vary b/w operators and we request users to look in to details before booking. Refunds on cancellations of a scheduled trip made prior to the day scheduled journey, as listed in User’s e-mail confirmation, will be subject to additional terms and conditions related to the specific operator. These additional terms and conditions may vary from each operator.
If an operator is unavailable to provide the guaranteed vehicle at the stated time and date, the User shall have the right to cancel and receive a refund based on applicable terms and conditions for refund. TaxiBay shall not be held responsible for any delay, deviation, or cancellation of the package due to weather conditions. No package may be cancelled or changed by you at anytime on the basis of weather conditions. TaxiBay is not liable for any refund of booking amount in case of such cancellation. TaxiBay shall not be held responsible for delays due to traffic conditions, labour disputes (including strikes that are previously announced or spontaneous), border problems or other political or economic factors. TaxiBay shall not be liable for any refund of booking amount in case of cancellation for such reason.
TaxiBay shall not be held responsible for delays due to mechanical / technical failure, or other issues that may arise and are outside our control. TaxiBay shall not be held responsible for delays or cancellations due to hostile political environments or other issues that may arise due to this and are outside our control. TaxiBay at any time may deem it unsafe for vehical rental service to carried out by Operators in various destinations due to political unrest and may not be held responsible for these
TAXIBAY, at its sole discretion, may make available promotional offers with different features to it’s User. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract.
TAXIBAY may amend/ change/ update these ToS, from time to time. You shall be responsible for checking ToS from time to time and ensure continued compliance with these terms. Your continuous use of application shall be deemed as your express acceptance to such amended / changed terms and you also agree to be bound by such changed/amended ToS.
User may not transfer or assign any part of this ToS in whole or in party without approval of TAXIBAY. TAXIBAY may transfer or assign these ToS whole or in part.
TAXIBAY excepts that only one user is using the TAXIBAY account and making multiple accounts through one phone constitutes unfair usage. Further, TAXIBAY expects the account holder to be in ownership of the phone number which he has used while making the account. In case, TAXIBAY suspects unfair usage on an account, the company reserves right to take necessary actions as deemed fit by TAXIBAY.
TAXIBAY WILL REASONABLY KEEP MOBILE APPLICATION AND ITS CONTENTS CORRECT AND UP TO DATE BUT DOES NOT GUARANTEE THAT (THE CONTENTS OF) MOBILE APPLICATION SHALL BE FREE OF ERRORS, DEFECTS, UNINTERRUPTED, TIMELY. TAXIBAY SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OF (OR THE INABILITY TO USE) ELECTRONIC MEANS OF COMMUNICATION WITH MOBILE APPLICATION, INCLUDING – BUT NOT LIMITED TO – DAMAGES RESULTING FROM FAILURE OR DELAY IN DELIVERY OF ELECTRONIC COMMUNICATIONS, INTERCEPTION OR MANIPULATION OF ELECTRONIC COMMUNICATIONS BY THIRD PARTIES OR BY COMPUTER PROGRAMS USED FOR ELECTRONIC COMMUNICATIONS AND TRANSMISSION OF VIRUSES. WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER MANDATORY APPLICABLE LAW, THE TAXIBAY'S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED AN AMOUNT OF INR 1000/-. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TAXIBAY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE MOBILE APPLICATION, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
You agree to indemnify, keep indemnified and hold harmless TAXIBAY and its officers, directors, employees, representatives and agents against any claims, costs, charges, damages, losses, liabilities and legal charges, of any nature whatsoever, in connection with (a) your use of Services; (b) Your breach of ToS and (c) Your violation of any third party rights.
Terms of Services shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The courts at Chandigarh shall have exclusive jurisdiction in case of any dispute in between the parties.
THE SERVICE PROVIDERS (TRAVEL OPERATORS) REFERENCED THROUGH THE SITE ARE INDEPENDENT SERVICE PROVIDERS AND ARE NOT AGENTS, SERVANTS OR EMPLOYEES OF TAXIBAY. TAXIBAY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF THE SERVICE PROVIDERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TAXIBAY LIABILITY FOR ANY SERVICES OFFERED BY IT WILL IN ALL INSTANCES BE LIMITED TO THE TRANSACTION FEE CHARGED BY IT FROM USERS.
In the event of any difference or dispute, controversy or claim arising out of or in connection to any matter, including any breach, termination or invalidity thereof (hereinafter referred to as the “Dispute”), and ToS which cannot be settled amicably between the parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. The parties shall settle mutually by means of transparent and open oral discussion, within themselves at good will of business. In the event the parties are unable to resolve the Dispute amicably, in that event, either party may give to the other party a notice that a Dispute has arisen (“hereinafter referred to as the “Dispute Notice”). If the Parties are unable to resolve the Dispute amicably even after the expiry of 30 (thirty) days of negotiations, the service of the Dispute Notice or such longer period as the Parties may mutually agree, the Parties shall be free to opt for arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitral panel shall consist of a sole arbitrator, and the Arbitrator shall be appointed by the Parties mutually in accordance with the provisions of the Arbitration Act. Any arbitral award issued by such sole arbitrator shall be final and binding on the Parties. It is agreed and understood that the venue of the arbitration shall be at Chandigarh and the language of the arbitration shall be English.
Rights and obligations under the Terms of Service shall survive after termination/ expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms of Services will not create a continuing waiver or any expectation of non-enforcement. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter. If any provision of the Terms of Services is held invalid by any law such provision will be replaced with a new provision, and the other provisions of the Terms of Services will remain in full force and effect. None of the provisions shall be deemed to constitute a partnership or agency between You and TAXIBAY and you shall have no authority to bind TAXIBAY in any form or manner, whatsoever.
You agree that any cause of action arising out of or related to the TAXIBAY mobile application, must commence within the time period of one (1) year after the alleged harm has occurred or as prescribed in the applicable law(s) after the cause of action accrues, else such cause of action will be permanently barred.
In compliance with Information Technologies Act, 2000 and rules for any complaints, abuse, grievance or concerns regarding content and/or comments or breach of these terms shall be brought to the notice of the Grievance Officer via email at alka.singh@mail.TAXIBAY.in or write at the following address: address
Prashanth Godrehal
Grievance Redressal Officer
TBay Technologies Private Limited
No 10, KC Towers, New BEL Road,
RMV II Stage, Bengaluru-94, India
We will post details of any changes to our Privacy Policy on the Site and / or Application to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.
If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your personal information, you can do so by way of our contact page.