Terms & Conditions
- Each service provided by users on each customized services of NegotiableDesk shall constitute a separate agreement between such persons. NegotiableDesk is not a direct service provider. It is up to the third party providers servcies to offer services to you and it is up to you to accept such services. The service of NegotiableDesk is to link you with such service providers but does not intended to provide such services or any act that can be construed in any way as an act of a service provider.
- NegotiableDesk is not responsible nor liable for the acts and/or omissions of any service provider to you.
- You may only access the Service using authorised means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. NegotiableDesk is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. NegotiableDesk reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorised device or for purposes other than which the Software and/or the Application is intended to be used.
- If you are a service provider you further represent, warrant/undertake that you possess a valid license, all the appropriate licenses, approvals, qualifications, certificates at all times. You, as a driver, must inform NegotiableDesk immediately if you stop holding aforementioned licenses, approvals, qualifications, certificates.
Prices and Payments
- NegotiableDesk payment system is a system under which one user makes a suggestion for a services’s price and the service request is only confirmed (and a contract is formed between the users) only if the user that requested for service and the service provider both accept quoted price.
- You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend NegotiableDesk to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
- You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Services, and NegotiableDesk will not be held accountable in relation to any transactions between the passengers and the drivers where tax related misconduct has occurred.
- NegotiableDesk may charge a fees to the driver for the use of the Services. The terms of payment are specified in Terms of Payment located at https://NegotiableDesk.com/privacy-policy/. NegotiableDesk may at any time propose changes to the fees. When NegotiableDesk does that, it will not provide you any notice and your continued use of the Application and/or the Services after the changes it will constitute your acceptance of the updated fees.
License Grant and Restrictions
- Limitations and restrictions. You are not allowed to: (a) remove any copyright, trademark or other proprietary notices from any part of the Services; (b) modify, create derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by NegotiableDesk; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Services except as may be permitted by applicable law; (d) frame, link to or mirror any part of the Services; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Services or intentionally overloading or hindering the operation and/or functionality of any aspect of the Services; or (f) try to gain unauthorised access to or attempt to damage any part of the Services or its related systems or networks.
- You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You may use the Software and/or the Application only for your personal purpose and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorised access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- You should abstain from any conduct that could possibly damage NegotiableDesk’s reputation or amount to being disparaging or brining NegotiableDesk into disrepute.
Intellectual Property Ownership
With respect to your use of NegotiableDesk and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:
- fraudulently impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, ordinance or regulation;
- interfere with or disrupt the Services or the servers or networks connected to NegotiableDesk;
- post Information or interact on NegotiableDesk App or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use the NegotiableDesk App or Service in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through NegotiableDesk;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Software or any software used on or for NegotiableDesk;
- rent, lease, lend, sell, redistribute, license or sublicense NegotiableDesk App and the Site or access to any portion of NegotiableDesk;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of NegotiableDesk or its contents;
- create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
- link directly or indirectly to any other websites;
- transfer or sell your User account, password and/or identification to any other party;
- cause any third party to engage in the restricted activities above.
- You shall maintain in confidence all information and data relating to NegotiableDesk, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of NegotiableDesk (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from NegotiableDesk, or any of its affiliated companies, or created in the course of this Agreement (“Confidential Information”). You shall further ensure that you, your officers, employees and agents only use such confidential information in order to perform the Services, and shall not without NegotiableDesk’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
- You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of NegotiableDesk in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to NegotiableDesk with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by NegotiableDesk or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of NegotiableDesk; becomes known to you, without restriction, from a source other than NegotiableDesk without breach of this Agreement by you and otherwise not in violation of NegotiableDesk’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to NegotiableDesk to enable NegotiableDesk to seek a protective order or otherwise prevent or restrict such disclosure.
You agree and consent to NegotiableDesk using and processing your Personal Data for the purposes and in the manner as identified hereunder.
- For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card, Net Banking, payment wallet details, gender, date of birth, email address, any information about you which you have provided to NegotiableDesk in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by NegotiableDesk from time to time and includes sensitive Personal Information.
- You agree that NegotiableDesk may send you push notifications and emails, contact you by telephone or text messages or whatsapp messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a NegotiableDesk account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services from NegotiableDesk.
Disclaimer of Warranties
- NegotiableDesk makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services, application and/or the software. NegotiableDesk does not represent or warrant that (a) the use of the service, application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained by you through the application will meet your requirements or expectations, (e) errors or defects in the application and/or the software will be corrected, or (f) the application or the server(s) that make the application available are free of viruses or other harmful components, or (g) the application and/or the software tracks you or the vehicle used by the transportation provider. The service is provided to you strictly on an “as is” basis.
- Without limiting the application of the Indian Consumer Law and any other applicable laws, all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. NegotiableDesk makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third party transportation services obtained by or from third parties through the use of the service, application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third party services, including but not limited to the third party transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to NegotiableDesk.
- The Service, application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. NegotiableDesk is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Limitation of Liability
- Any claims against NegotiableDesk by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. In no event shall NegotiableDesk and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). NegotiableDesk and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software, even if NegotiableDesk and/or its licensors have been previously advised of the possibility of such damages. NegotiableDesk does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party transportation providers, advertisers and/or sponsors and you expressly waive and release NegotiableDesk from any and all liability, claims or damages arising from or in any way related to the third party providers including third party transportation providers, advertisers and/or sponsors. NegotiableDesk will not be a party to disputes, negotiations of disputes between you and such third party providers including third party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release NegotiableDesk from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
- The quality of the third party transportation services scheduled through the use of the service is entirely the responsibility of the third party transportation provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
- this Agreement is between you and NegotiableDesk and not with Apple. Apple is not responsible for the Service or any content available on the Service;
- Apple has no obligation whatsoever to furnish any maintenance and support services for the Service;
- In the event of any failure of NegotiableDesk to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be NegotiableDesk’s responsibility;
- Apple is not responsible for addressing any claims by you or any third party relating to the Service, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
- In the event of any third party claim that the Service or your use of the Service infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
- You must comply with applicable third party terms of this Agreement when using the Service; and
- Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
- Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. NegotiableDesk does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- Ratings and Reviews. You may rate and/or provide feedback to drivers and passengers regarding the services you have received and or/provided. Ratings and reviews can be viewed by any user and will remain viewable until the relevant account is removed or terminated. You must only provide true, fair and accurate information in your reviews. If NegotiableDesk considers that your review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the review and/or ban you from posting further reviews. We do not undertake to review each review. To the maximum extent permitted by law, we are not responsible for the content of any reviews.
User Provided Content
- NegotiableDesk may allow from time to time users to post their own content (“User Provided Content”) that may be accessed by other users of the Service. NegotiableDesk has no obligation to monitor the User Provided Content or the use of the Service, or to retain the content of any user posted in User Provided Content sections of the Service. You may not provide defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by NegotiableDesk in its sole discretion, whether or not such material may be protected by law.
- NegotiableDesk does not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you hereby grant NegotiableDesk a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Provided Content which you submit, post or display on or through, our website or the Application. This license is for the sole purpose of enabling NegotiableDesk to provide the Service, display, publicly perform, distribute and promote the User Provided Content and to operate its Application and website.
- NegotiableDesk reserves the right, in its sole and absolute discretion, to modify or delete any User Provider Content or any other information, stored or posted to the website or to the Application.
NegotiableDesk does not assume any responsibility for the contents of the User Provided Content. Users are prohibited from disclosing any Personal Information other than their own. Users can not disclose any sensitive data. Disclosure of sensitive data can make the User liable for civil remedies and may in some cases be subject to criminal penalties under applicable law.
- These Agreement, your rights and the rights of NegotiableDesk within this Agreement shall be governed by and construed in accordance with the law of India.
All parties irrevocably agree that the Indian Court shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
- NegotiableDesk may give notice by means of a general notice on the Application, electronic mail to your email address in the records of NegotiableDesk, or by written communication sent by registered mail or pre-paid post to your address in the record of NegotiableDesk. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to NegotiableDesk (such notice shall be deemed given when received by NegotiableDesk) by letter sent by courier or registered mail to NegotiableDesk using the contact details as provided in the Application.
- No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The section titles in the Agreement are used solely for convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, and contractually implied or other relationship is created between you and us other than pursuant to these Terms.
- We may give notice to you by email, a posting on the website, or other reasonable means. You must give notice to us in writing via email or as otherwise expressly provided.
Class Action Waiver
- By voluntarily accepting this Agreement, you agree that in its entirety as provided by the applicable law, a lawsuit or arbitration proceedings related to this Agreement are carried out exclusively on a case- by-case basis, and no disputes arising from collective claims or representative actions on behalf of third parties shall be considered.
- Disputes cannot be consolidated without the written consent of all parties. No decision or determination of a court or an arbitrator will have a prejudicial force over the issues or claims regarding any disputes with persons who are not the declared parties to such arbitration proceedings.
This means the following:
- You agree that you cannot make a claim as a plaintiff or a participant in a class action, a consolidated action or a representative action.
- The parties agree that an arbitrator or a court shall not consolidate the claims of more than one person into a single lawsuit, and shall not conduct arbitration or action proceedings of a consolidated, collective or representative nature (unless all parties agree to change this provision).
- The parties agree that the decision or determination of an arbitrator or a court in the event of a single person claim can only affect the person who filed this lawsuit, but not other persons, and cannot be used to resolve other disputes with other plaintiffs.
- NegotiableDesk is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms. NegotiableDesk has the sole right to decide whether you are in violation of any of the restrictions set forth in these Ter
If you have any questions about the quality of the Service please contact us by email: support@NegotiableDesk.com.