Updated on: 05th December 2015
Effective Date: 19th April 2015
Kindly read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean (Kool Car Services).
- http://www.coolcabservices.co (“Website”) is an e-commerce portal for booking rides in India. A company incorporated under the laws of India.
- Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Kool Car Services at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kool Car Services of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Kool Car Services cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
http://www.coolcabservices.co provides a number of Internet-based services through the Website (all such services, collectively, the “Service”). One such service enables users to book cabs and also offers travel services. Upon placing an order, Kool Car Services shall offer its services to you and be entitled to its payment for the Services.
The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Kool Car Services name is stated as the source and prior written permission of Kool Car Services is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India; and
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
- You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Kool Car Services, its franchisor, associates and partners on any property owned by Kool Car Services.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Kool Car Services.
Exactness Not Guaranteed:
Kool Car Services hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as specification, size, colour, shape, units, weight etc. may be required, due to limitations caused by availability of product difference. In this instance you agree that a representative from Kool Car Services will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Kool Car Services may re-request that you accept a product alteration one additional time if an alternative method to send your required product is available. If you reject this 2nd request (re-request) your order will be cancelled and all amount paid by you for the order will be fully refunded via your initial method of payment, within 15 days of your final refusal.
Links to Third Party Sites:
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of Kool Car Services or the Website and Kool Car Services is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kool Car Services is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Kool Car Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kool Car Services or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability:
It is the customer’s responsibility to login earlier if they want to avail better products or styles because Kool Car Services sales are “first come, first served”. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out if you are buying any products that we are offering or any additional special services which are provided by a third party service provider.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Our Online website is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
For any purchases made through http://www.coolcabservices.co you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the respective product packaging/leaflets if you buy any.
You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
You agree to indemnify, defend and hold harmless Kool Car Services from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Kool Car Services that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for our services and products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Kool Car Service’s discretion.
- Kool Car Services may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
- If you or Kool Car Services terminates your use of the Website or any Service, Kool Car Services may delete any content or other materials relating to your use of the Service and Kool Car Services will have no liability to you or any third party for doing so.
- You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty benefits as per the Policy that has or is legally deemed accrued to you.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Kool Car Services does not review the contents in any way before they appear on the Website. Kool Car Services does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc.
If you come across any abuse or violation of these Terms, please report to our Customer Care Team.
Cancellation of Fraudulent Orders:
To provide a safe and secure experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Kool Car Services reserves the right to cancel all past, pending and future orders without any liability.Kool Car Services also reserves the right to refuse or cancel orders in scenarios like unavailability of vehicles due to change in political situation, weather changes and or any scenario which is not directly under our control. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your account has been charged, the said amount will be reversed to your Account.
Cancellation of Bulk Orders:
Kool Car Services may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Kool Car Services:
- Products ordered are for commercial resale
- Multiple orders placed at the same address
- Invalid address given in order details
- Any malpractice used to place the order
Ownership of materials on the site:
Kool Car Services, unless otherwise stated, the owner of all copyright and database rights in the site and its contents. You may not publish, distribute, extract, re-utilize, or reproduce any part of the site in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice or as permitted by the Indian Copyright Act, 1957 or The Trademark Act, 1999 as applicable or any equivalent legislation as may apply in India.
All brand, product and service names used in this site are the trademarks, trade names or service marks of Kool Car Services unless otherwise stated. You may not market or distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks without the prior written permission of Kool Car Services or the owner of such trademarks, trade names or service marks.
The contents of the pages of this website solely belong to Kool Car Services. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:-
- License to copy for personal use: You may make copies of the site as necessary incidental acts during your viewing of it, and you may take a print for your personal use of so much of the site as is reasonable for private purposes.
- License to recopy for limited purposes:
You may recopy the material to individual third parties for their personal information only, but only if:
- You acknowledge the web pages of Kool Car Services as the source of the material. You must include such acknowledgement along with the top-level URL from Kool Car Services website in the copy of the material; and
- You inform the third party that these conditions apply to him or her and that he/she must comply with them. This license to recopy does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of a page from the website of Kool Car
Cab Services may be distributed or copied for any commercial purpose.
No part of the website of Kool Car Services may be reproduced or transmitted to or stored in any other web site or other form of electronic retrieval system.
Amendments of the terms:
We reserve the right to amend these Terms without notice to you from time to time. Any such amendment shall be effective once the revised terms have been posted on the site.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.