The App is owned by Truvim Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at RZ-129, STREET NO.2 KAILASH PURI PALAM COLONY, South West Delhi 110 077, India and operated under the name of 'Early Shuttle'.
'Vehicle(s)' shall mean the vehicles belonging to the Operator, the use of which is available to the User through the use of the App.
'Payment Facility' refers to the third party payment processors as recognized and authorized by the Reserve Bank of India, used to facilitate the purchase of Credits (as defined hereinafter) on the App.
I. USER(S) ELIGIBILITY
1. User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided on this App.
3. The Services offered on the App are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, the User(s) must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services.
4. Early Shuttle advises its User(s) that while accessing the App, they must follow/abide by the related laws. Early Shuttle is not responsible for the possible consequences caused by your behavior during use of App. Early Shuttle may, in its sole discretion, refuse the Service to anyone at any time.
II. USER(S) ACCOUNT AND OBLIGATIONS
1. Early Shuttle reserves the right to collect user data including name, contact information and other details to facilitate Services or use of its platform to avail Services. All information collected from the User is on a bonafide basis.
2. You are solely and entirely responsible for maintaining the confidentiality and security of your account, display name and password and for restricting access to your mobile device.
3. You will only use the Service or download the App for your sole and personal use and will not resell it to a third party.
4. You shall not license, sublicense, transfer, assign or distribute or otherwise commercially exploit or make available to any third party the Service or the App in any way.
6. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the User.
7. Early Shuttle is entitled at all times to verify the information that you have provided and to refuse the Service or use of the App without providing any reason.
8. In the case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Early Shuttle reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.
9. You agree to accept responsibility for all activities that occur under your account or password including any content stored, posted or otherwise transmitted through your account even when certain content is posted by others who have access to your account with or without your consent/authorization. Early Shuttle will not be responsible for any changes to the content in your account that are attributable to use of your account by any third party, with or without your consent and You hereby expressly agree not to hold us liable in such a case. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by You to protect your password or account and the loss or damage arising there from.
10. If You know or suspect that someone unauthorized knows your password or any other security breach, then You should notify Us by contacting Us immediately and in no event later than 24 hours through the address provided in the "Contact Us" section of the website. If Early Shuttle has reason to believe that there is likely to be a breach of security or misuse of the App, We may require You to change your password or We may suspend your account without any liability to Early Shuttle and without any prior notice to You. Without prejudice to the above, Early Shuttle reserves the right to recover from You any and all damages, losses or costs that are levied on or suffered by Early Shuttle due to misuse of your account or password whether due to reasons attributable to You or not.
11. You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information that
a. belongs to another person and to which the User does not have any right to;
b. is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt,destroy or limit the functionality the App;
i. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
When You use the App or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Early Shuttle through electronic records and You consent to receive communications via electronic records from Early Shuttle periodically and as and when required. Early Shuttle may communicate with You by email, phone call, SMS for feedback and promotional purposes.
IV. PLATFORM FOR TRANSACTION AND COMMUNICATION
1. It is agreed and understood by the User that Early Shuttle through the App provides transportation services to the User from one point to another on the Vehicles on pre-determined specified routes and times as previously agreed to between Early Shuttle and the Operator. By using the App, You enter into a contract with Early Shuttle for the purpose of availing the Service in accordance with the terms and conditions contained herein.
2. The User shall at the time of entering the Vehicle is required to validate his/her identity in order to comply with the regulations/ law concerning a contract carriage.
3. The App acts as a facilitator for the User to avail of the Services. By registering for the use of the App, the User enters into a bipartite agreement, for the purpose of availing the transportation services on the Vehicles as offered through the use of the App.
4. It is hereby agreed that Early Shuttle itself does not provide transportation services. It merely enters into a contract with the Operators for the use of their Vehicle as a whole and the User by entering into this agreement, agrees to use the App in order have access to the transportation services by the use of this App.
5. Early Shuttle under no circumstance accepts liability in connection with the quality of the Service provided by the Operator. Early shuttle accepts no liability in connection with and/or related to the acts, actions, behavior, conduct and/ or negligence on the part of the Operator.
6. Early Shuttle does not make any representation or warranty as to specifics (such as quality, value, etc) of the Services offered through the App and accepts no liability for any errors or omissions thereof.
V. TERMS & CONDITIONS FOR USE OF APP
The following terms and conditions shall apply to User(s) using the App and / or utilizing the Services:
1. The User shall pay the fare, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
2. The User agrees and accepts that the use of the Services is at the sole risk of the User, and further acknowledges that Early Shuttle disclaims all representations and warranties of any kind, whether express or implied.
3. The User shall ensure that he/she will not indulge in any of the following activities while in a Vehicle:
a. Smoking or consuming any kind of intoxicants inside the Vehicle. The driver has the right to refuse the pick-up or ask the User to alight the Vehicle if the User is found to be in an intoxicated state or is found misbehaving with other passengers or the driver / conductor, or is causing a nuisance.
b. Littering the Vehicle
c. Soiling or damaging the seats and/or any other interiors of the Vehicle.
d. Misusing, soiling or damaging any of the devices (technical/non-technical) in the Vehicle.
e. Asking the driver to break any traffic/RTO/city police and/or Government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the User. The driver also has the right to refuse such a pick-up or ask such passenger(s) to alight from the Vehicle.
4. The User shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App, by hacking, password 'mining' or any other illegitimate means.
5. The User shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App. Further, You may not reverse engineer or access the App in order to
(a) design or build a competitive product or service;
or (b) copy any idea/feature/functions of the App
6. The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Early Shuttle or the brand name or domain name used by Early Shuttle, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Early Shuttle on any platform or otherwise tarnish or dilute any of Early Shuttle's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Early Shuttle. The User agrees to not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or Early Shuttle's systems or networks, or any systems or networks connected to Early Shuttle.
8. The User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations and regarding the User's use of App. The User shall not engage in any transaction which is prohibited by the provisions of any applicable law for the time being in force.
9. The User acknowledges and agrees that Early Shuttle is not responsible for any unauthorized use of any personal information that the User publicly discloses or shares with others on the App.
10. Credit for the cancelled ride will expire with in 3 business days in case they are not used.
11. Credit ride that has already been cancelled 3 times cannot be cancelled further.
1. The User shall avail of the Services by purchasing credits on the App through the use of the Payment Facility. On making a payment through the Payment Facility, the recharged amount will be reflected on the User's account in the form of 'Credits'.
2. The Credits would be reflected on the User's wallet, which is a closed system payment instrument within the meaning of the master circular issued by the Reserve Bank of India. The User agrees and understands the limitations on the use of the credits as a consequence of it being a closed system payment instrument.
3. On making a booking through the App, the Credits of an equivalent amount for that particular journey shall be deducted from the Users Account.
4. It is agreed by the User that once the Credits are purchased, they are non-refundable. To clarify, there shall be no refund of the money equivalent of Credits, once the amount is transferred using the Payment Facility.
5. The Credits in the account of the User may be transferred to the account of another User registered on the App. However, the transferee cannot obtain any money equivalent for the unused Credits transferred.
6. While availing of the Payment Facility, Early Shuttle will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
Lack of authorization for any transaction/s, or Exceeding the preset limit mutually agreed by and between the User and bank(s), or Any payment issues arising out of the transaction, or Decline of transaction for any other reason/s.
7. All payments made by the User against the Services through the Payment Facility shall have Indian Rupees as the underlying currency. The App will not facilitate transaction with respect to any other underlying currency with respect to the transactions done on the App.
8. All commercial terms relating to the Services are as per bipartite contractual obligations between the User and Early Shuttle and the Payment Facility is used by the User to facilitate the completion of the transaction. Use of the Payment Facility shall not render Early Shuttle liable or responsible for the non-payment, damage, breach of representations and warranties, non-provision of Services or fraud as regards the Services offered through the App.
9. You understand, accept and agree that the Payment Facility provided on the App is neither a banking nor financial service but is merely a facility providing an electronic, automated online electronic payment and remittance for the transactions on the App using the existing authorized banking infrastructure and payment gateway networks. Further, by providing Payment Facility on the App, Early Shuttle is neither acting as a trustee nor acting in a fiduciary capacity.
10. Early Shuttle reserves the right to refuse to process requests for Services by Users with a prior history of questionable charges including without limitation breach of any agreements by the User with Early Shuttle or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
11. The Users acknowledge that Early Shuttle will not be liable for any damages, interests or claims etc. resulting from not processing a request for Services by the User or any delay in processing such request for Services which is caused for technical reasons and/or is beyond the control the control of Early Shuttle.
12. The User shall be issued an online receipt on making a booking through the use of the App. The receipt shall contain details of the Vehicle and the time of the provision of the Service.
VII. LIMITATION OF EARLY SHUTTLE'S LIABILITY
1. Early Shuttle will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
2. Early Shuttle is hereby authorized to use the location based information provided by any of the telecommunication companies when the User uses the mobile phone to make a booking for the Services. The location based information will be used only to facilitate and improve the probability of locating a Vehicle for the User.
3. Early Shuttle shall be entitled at any time without giving any reason to terminate the booking on the Vehicle done by the User.
4. If any User misses the Vehicle, Early Shuttle will not be liable for any compensation to the User.
5. The User shall make an alternate arrangement if the Vehicle has not reached due to any reason.
6. Early Shuttle encourages all the Users to take full responsibility of his/her items. In case of lost items during the journey, Early Shuttle will assist in locating the items, but is not responsible for the same in case of loss or damage to the same. If the User leaves any goods in a Vehicle or has any complaint in respect of the Services or the use of the vehicle, the User has to inform Early Shuttle of the same in writing within 24 hours of using the Services.
7. Early Shuttle shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions as available on the App on the date that Early Shuttle may indicate that such addition, variation or amendment is to come into effect.
8. It is expressly made clear to You hereby that Early Shuttle does not own any of the Vehicles nor does it directly or indirectly employ any drivers/conductors for the Vehicles. Vehicles are owned and the staff therein are employed by the Operator and Early Shuttle disclaims any and all liability in respect of the drivers, the conductors and the Vehicles alike. However, Early Shuttle encourages You to notify it of any complaints that You may have against the driver/conductors of any Vehicle that You may have hired using the App.
9. If Early Shuttle has suspicion or knowledge, that any User is involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Early Shuttle may while reserving its rights to initiate civil and/or criminal proceedings against such User may also at its sole discretion suspend, block, restrict, disqualify that User and any related users from using the App.
10. Early Shuttle reserves its right to initiate civil and/or criminal proceedings against a User who files invalid and/or false claims or provides false, incomplete, or misleading information.
11. Every effort is made to keep the App up and running smoothly. However, Early Shuttle takes no responsibility for, and will not be liable for, the App being temporarily unavailable due to technical issues beyond our control.
12. Cancellation of any ride is deactivated 15 minutes before the travel time. You are required to make cancellations before the said time. For pass users, the cancellation is deactivated 5 minutes before travel time. The ride can only be rescheduled once after cancellation.
13. Credit ride against any refunds/changes shall be valid for three working days.
14. In case of bus breakdown, Early Shuttle will credit ride into your account within 2 working days.
VIII. DISCLAIMER OF WARRANTIES AND LIABILITY
This App and the Services, included on or otherwise made available to You through the App are provided on an 'as is' and 'as available' basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Early Shuttle does not warrant that:
1. This App will be constantly available, or available at all times; or
2. The information on this App is complete, true, accurate or non-misleading; or
3. The Services will meet the User's requirements; or
4. The Services will be uninterrupted, timely, secure, or error-free.
IX. INTELLECTUAL PROPERTY RIGHTS
1. Early Shuttle is the sole owner or lawful licensee of all the rights to the App and its content. App content means its design, layout, text, images, graphics, sound, video etc. All title, ownership and intellectual property rights in the App and its content shall remain with Early Shuttle.
2. All rights not otherwise claimed under this agreement or by Early Shuttle are hereby reserved. The information contained in this App is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Early Shuttle does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this App, or information displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
3. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this App is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
4. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
5. Early Shuttle reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the App.
6. You may use information, if any, on the Services purposely made available on the App, provided that, You (1) do not remove any proprietary notice language in all copies of such documents, (2) 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, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
7. Material on App is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
8. Trademark complaint: Early Shuttle respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Early Shuttle at firstname.lastname@example.org
Early Shuttle reserves the right to terminate access to certain areas or features of the App at any time for any reason, with or without notice. Early Shuttle also reserves the universal right to deny access to particular User(s) to any/all of its Services without any prior notice/explanation in order to protect the interests of Early Shuttle and/or other Users of the App. Early Shuttle reserves the right to limit, deny or create different access to the App and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
XII. APPLICABLE LAW AND JURISDICTION
XIII. ENTIRE AGREEMENT
XIV. CONTACT US
Please contact Us at email@example.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this App.
XV. GRIEVANCE OFFICER:
1. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Address: RZ -129, STREET NO 2, KAILASH PURI PALAM COLONY, NEW DELHI 110045 INDIA
Time: 10 AM - 6 PM (Monday - Friday)
2. Any person aggrieved or suffers as a result of access or usage of the App can notify the Grievance Officer in the form of a written complaint within () hours of the act. The Grievance Officer shall redress the complaints within 1 month from the date of receipt of the complaint.
1. Collection of Personally Identifiable Information and other Information
When you use our App, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our App to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the App.
We use data collection devices such as "cookies" on certain pages of the App to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. Cookies are small files placed on your mobile phone that assist us in providing our services. We offer certain features that are only available through the use of a cookie.
If you transact with us, we collect some additional information, such as your physical location, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details.
If you choose to leave feedback or post messages where possible, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the App, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up an account with us. While you can browse some sections of our App without being a registered member, certain activities (such as placing a request for services offered on the App) do require registration. We do use your contact information to send you offer.
Permissions in Android App
To use your camera in order to help you locate your pickup point using augmented reality. This feature might not be available to all users. To use your microphone in order to help you board your Early Shuttle seamlessly.
To access the information about your phone's identity to help prevent fraud and provide you with a better experience. The app cannot be used without this permission.
To access your email address to get a more personalized experience.
To access your contacts to make it easy for you to transfer money to your friends.
2. Use of Demographic / Profile Data / Your Information
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses.1 We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our services, inform you about offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our service offerings, we collect and analyze demographic and profile data about our users' activity on our App.
We identify and use your IP address to help diagnose problems with our server, and to administer our App. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our App.
3. Sharing of personal information
We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
4. Security Precautions
Our App has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.
If you want to remove your contact information from our lists, please write to us at firstname.lastname@example.org.
Please note that you shall have the option to review the information as provided by you from time to time and to correct/ amend any information provided accordingly.
6. Advertisements on the App
We use third-party advertising companies to serve ads when you visit our App. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other Apps in order to provide advertisements about goods and services of interest to you.
7. Your Consent
8. Third Party Services
9. Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Address: RZ - 129, STREET NO 2, KAILASH PURI PALAM COLONY, NEW DELHI 110045 INDIA
Time: 10 AM - 6 PM (Monday - Friday)
10. Intellectual Property Rights
You agree that we are the sole owner or lawful licensee of all the rights to the App and its content. App content means its design, layout, text, images, graphics, sound, video etc. All title, ownership and intellectual property rights in the App and its content shall remain with us.
We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the App. Material on App is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. You acknowledge that without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use.
11. Governing Law & Jurisdiction