Effective date: November 23, 2014
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Uturn services. (“Uturn services ,” “we,” “us” or “our”) governing your use of the Uturn services application, website, and technology platform (collectively, the “Uturn services Platform”).
The app does use third party services that may collect information used to identify you.
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
We may employ third-party companies and individuals due to the following reasons:
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Your information shall be shared with the end service providers like hotels, bus service providers, cab rental or any other suppliers who are responsible for fulfilling your booking. You may note that while making a booking with Uturn services you authorize us to share your information with the said service providers and suppliers. It is pertinent to note that Uturn services does not authorize the end service provider to use your information for any other purpose(s) except as may be for fulfilling their part of service. However, how the said service providers/suppliers use the information shared with them is beyond the purview and control of Uturn services as they process Personal Information as independent data controllers, and hence we cannot be made accountable for the same. You are therefore advised to review the privacy policies of the respective service provider or supplier whose services you choose to avail.
Uturn services does not sell or rent individual customer names or other Personal Information of Users to third parties except sharing of such information with our business / alliance partners or vendors who are engaged by us for providing various referral services and for sharing promotional and other benefits to our customers from time to time basis their booking history with us.
In the interests of improving personalization and service efficiency, we may, under controlled and secure circumstances, share your Personal Information with our affiliate or associate entities.
If the assets of Uturn services are acquired, our customer information may also be transferred to the acquirer depending upon the nature of such acquisition. In addition, as part of business expansion/development/restructuring or for any other reason whatsoever, if we decide to sell/transfer/assign our business, any part thereof, any of our subsidiaries or any business units, then as part of such restructuring exercise customer information including the Personal Information collected herein shall be transferred accordingly.
Uturn services may share your Personal Information to third party that Uturn services may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, and data processing platforms.
We use non-identifiable Personal Information of Users in aggregate or anonymized form to build higher quality, more useful online services by performing statistical analysis of the collective characteristics and behavior of our customers and visitors, and by measuring demographics and interests regarding specific areas of the Website. We may provide anonymous statistical information based on this data to suppliers, advertisers, affiliates and other current and potential business partners. We may also use such aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their websites. Any Personal Information which we collect and which we may use in an aggregated format is our property. We may use it, in our sole discretion and without any compensation to you, for any legitimate purpose including without limitation the commercial sale thereof to third parties.
Occasionally, Uturn services will hire a third party for market research, surveys etc. and will provide information to these third parties specifically for use in connection with these projects. The information (including aggregate cookie and tracking information) we provide to such third parties, alliance partners, or vendors are protected by confidentiality agreements and such information is to be used solely for completing the specific project, and in compliance with the applicable regulations.
In addition to the circumstances described above, Uturn services may disclose User's Personal Information if required to do so:
Such disclosure and storage may take place without your knowledge. In that case, we shall not be liable to you or any third party for any damages howsoever arising from such disclosure and storage.
You will occasionally receive e-mail updates from us about fare sales in your area, special offers, new Uturn services, and other noteworthy items. We hope you will find these updates interesting and informative. If you wish not to receive them, please click on the "unsubscribe" link or follow the instructions in each e-mail message.
When the Uturn services app is installed on your phone or tablet, a list of permissions appear and are needed for the app to function effectively. There is no option to customize the list. The permissions that Uturn services requires and the data that shall be accessed and its use is as below:
Device and App history: We need your device permission to get information about your device, like OS (operating system) name, OS version, mobile network, hardware model, unique device identifier, preferred language, etc. Basis these inputs, we intend to optimize your travel booking experience.
Identity: This permission enables us to know about details of your account(s) on your mobile device. We use this info to auto-fill your email ID’s and provide a typing free experience. It also helps us map email ID’s to a particular user to give you the benefit of exclusive travel offers, wallet cash-backs, etc. It also allows facilitating your Facebook and Google+ login.
Location: This permission enables us to give you the benefit of location specific deals and provide you a personalized experience. When you launch Uturn services app to make a travel booking, we auto-detect your location so that your nearest city is auto-filled. We also require this permission to be able to help you track your bus with respect to your location.
SMS: If you allow us to access your SMS, we read your SMS to autofill or prepopulate ‘OTP’ while making a transaction and to validate your mobile number. This provides you a seamless purchase experience while making a booking and you don’t need to move out of the app to read the SMS and then enter it in the app.
Phone: The app requires access to make phone calls so that you can make phone calls to bus operators, hotels and our customer contact centers directly through the app.
Contacts: If you allow us to access your contacts, it enables us to provide a lot of social features to you such as sharing tickets or location with your friends. This permission also allows you to select numbers from your contacts for mobile recharges done on the app.
Photo/ Media/ Files: The libraries in the app use these permissions to allow users to to save and upload multimedia reviews.
Wi-Fi connection information: When you allow us the permission to detect your Wi-Fi connection, we optimize your bandwidth usage for multimedia uploads.
Device ID and Call information: This permission is used to detect your Android ID through which we can uniquely identify users. It also lets us know your contact details using which we pre-populate specific fields to ensure a seamless booking experience.
Camera: This permission is used to capture pictures of the boarding point or bus before the journey. This images can then uploaded as part of multimedia reviews.
Calendar: This permission enables us to put your travel plans on your calendar.
Notifications: If you opt in for notifications, it enables us to send across exclusive deals, promotional offers, travel related updates, etc. on your device. If you do not opt for this, updates for your travel like booking confirmation, refund (in case of cancellation), etc. will be sent through SMS.
Contacts: This permission enables us to know about details of your account(s) on your mobile device. We use this info to auto-fill your email ID’s and provide a typing free experience. It also helps us map email ID’s to a particular user to give you the benefit of exclusive travel offers, wallet cash-backs, etc. It also allows facilitating your Facebook and Google+ login.
Location: This permission enables us to give you the benefit of location specific deals and provide you a personalized experience. When you launch Uturn services app to make a travel booking, we auto-detect your location so that your nearest city is auto-filled. We also require this permission to be able to help you track your bus with respect to your location.
Photo/ Media/ Files: The libraries in the app use these permissions to allow users to to save and upload multimedia reviews.
Camera: This permission is used to capture pictures of the boarding point or bus before the journey. This images can then uploaded as part of multimedia reviews.
Calendar: This permission enables us to put your travel plans on your calendar.
All payments on the Website are secured. This means all Personal Information you provide is transmitted using TLS (Transport Layer Security) encryption. TLS is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. Website 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.
You may withdraw your consent to submit any or all Personal Information or decline to provide any permissions on its Website as covered above at any time. In case, you choose to do so then your access to the Website may be limited, or we might not be able to provide the services to you. You may withdraw your consent by sending an email to support@Uturn.cab
You may access your Personal Information from your user account with Uturn services. You may also correct your personal information or delete such information (except some mandatory fields) from your user account directly. If you don’t have such a user account, then you write to support@Uturn.cab
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
As a technology platform, Uturn services is dedicated to maintaining safe and respectful interaction between people. Our Community Guidelines detail the standards of behaviour expected from both riders and drivers. A rider or driver who breaks the Uturn services code of conduct may be barred from using Uturn services on a temporary or permanent basis. This decision is based in part on the severity of the breach. To review a detailed list of conduct that may lead to driver account deactivation, please visit the link below.
If you are involved in an accident, please first make sure that all parties involved are safe. Contact the police and paramedics if necessary. Next, please let us know what happened. Check that you have selected the correct trip and share all available info here. A member of our team will reach out to confirm everyone's safety and gather any other required information. At the time of the accident.
This document is an electronic record in terms of information technology act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the information technology act, 2000. this electronic record is generated by a computer system and does not require any physical or digital signatures. by clicking on the "i agree" button on this electronic contract, you are consenting to be bound by this subscription agreement along with the various exhibits attached to the subscription agreement. please ensure that you read and understand all the provisions of this subscription agreement and exhibits before you start using the portal, as you shall be bound by all the terms herein upon clicking on the "terms on condition check box" button on this electronic contract. if you do not accept any of the terms contained herein, then please do not use the portal or avail any of the services being provided therein. your agreement to the subscription agreement shall operate as a binding agreement between you and Uturn services sin respect of the services of the portal.
When you're in your vehicle and ready to receive trip requests from nearby riders, tap "AGREE TO GO ONLINE" click a button to go online. Automatically you will get riders request to ride, When you receive a trip request. To accept the trip, tap the button within 25 seconds. If you do not want to accept the trip request, tap the "Cancel trip" button. following the "cancel trip" button will send the ride request to a different driver. This can be useful if a request comes in while you're preparing to go offline.
If you accept a trip request but are unable to meet the rider, you can use your app to cancel trip in button
Select your cancellation reason and go offline
You may occasionally receive a ride request with a destination that is farther from your current location than you wish to drive. Start pick up rider and complete the ride
Only customer App shows the invoice amount and if any discount or coupon applicable customer driver have to accept and get exact payment shows customer invoice amount collect from customer
The Uturn services Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Uturn services Platform. Each person may only create one User account, and Uturn services reserves the right to shut down any additional accounts. As a User, you authorize Uturn services to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
In the event Uturn services modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Uturn services reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Uturn services Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Uturn services Platform may only be used by individuals who can form legally binding contracts under applicable law. The Uturn services Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Rider, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Uturn services, plus any tips to the Driver that you elect to pay. Uturn services has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Uturn services Cities page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., Uturn services Plus, Uturn services SUV) as described on your market’s Uturn services Cities page. You are responsible for reviewing the applicable Uturn services Cities page or price quote within the Uturn services app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Uturn services . The Driver Addendum is available in the Driver dashboard when you log into your account.
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems. Communications from Uturn services , its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Uturn services Platform or Services, updates concerning new and existing features on the Uturn services Platform, communications concerning promotions run by us or our third-party partners, and news concerning Uturn services and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE UTURN SERVICES PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM UTURN SERVICES (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE UTURN SERVICES PLATFORM OR THE SERVICES.
You may be able to create or log-in to your Uturn services User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to Uturn services through an SNS Account, you understand that Uturn services may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Uturn services Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
Uturn services , at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Uturn services . Uturn services reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Uturn services determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
As part of your User account, Uturn services may provide you with or allow you to create a “Uturn services Code,” a unique alphanumeric code for you to distribute to your friends and family (each a “Referred User”) to become new Uturn services Riders (“Referred Riders”) or Drivers (“Referred Drivers”) in your country. Uturn services Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Uturn services Code. You are prohibited from advertising Uturn services Codes in any way, including through any of the following: Google, Facebook, Twitter, Bing and Craigslist. Uturn services reserves the right to deactivate or invalidate any Uturn services Code at any time in Uturn services ’s discretion.
From time to time, Uturn services may offer you with incentives to refer your friends and family to become new Users of the Uturn services Platform in your country (the “Referral Program”). These incentives may come in the form of Uturn services Credits, and Uturn services may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Uturn services Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
With respect to your use of the Uturn services Platform and your participation in the Services, you agree that you will not:
By providing Services as a Driver on the Uturn services Platform, you represent, warrant, and agree that:
All intellectual property rights in the Uturn services Platform shall be owned by Uturn services absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Uturn services Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Uturn services . Uturn services shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
UTURN SERVICES and other Uturn services logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Uturn services in the United States and/or other countries (collectively, the “Uturn services Marks”). If you provide Services as a Driver, Uturn services grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Uturn services Marks solely in connection with providing the Services through the Uturn services Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Uturn services ’s prior written permission, which it may withhold in its sole discretion. The Uturn services Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Uturn services is the owner and licensor of the Uturn services Marks, including all goodwill associated therewith, and that your use of the Uturn services Marks will confer no additional interest in or ownership of the Uturn services Marks in you but rather inures to the benefit of Uturn services . You agree to use the Uturn services Marks strictly in accordance with Uturn services ’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Uturn services determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Uturn services Marks or any derivatives of the Uturn services Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Uturn services in writing; (2) use the Uturn services Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Uturn services Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Uturn services ’s rights as owner of the Uturn services Marks or the legality and/or enforceability of the Uturn services Marks, including, challenging or opposing Uturn services ’s ownership in the Uturn services Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Uturn services Marks, any derivative of the Uturn services Marks, any combination of the Uturn services Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Uturn services Marks; (5) use the Uturn services Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Uturn services ’s sole discretion. If you create any materials bearing the Uturn services Marks (in violation of this Agreement or otherwise), you agree that upon their creation Uturn services exclusively owns all right, title and interest in and to such materials, including any modifications to the Uturn services Marks or derivative works based on the Uturn services Marks. You further agree to assign any interest or right you may have in such materials to Uturn services , and to provide information and execute any documents as reasonably requested by Uturn services to enable Uturn services to formalize such assignment.
Uturn services respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Uturn services Platform or Services infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
Registration Information:When you sign up for a Uturn services account, you give us your name, email address, and phone number. If you decide to sign up for Uturn services using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.
User Profile Information:When you join the Uturn services community, you can create a Uturn services Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Drivers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.
Payment Method:When you add a credit card or payment method to your Uturn services account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Communications:If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.
Driver Application Information:If you decide to join our Uturn services driver community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the Uturn services community.
Payment Information:To make sure Drivers get paid, we keep information about Drivers’ bank routing numbers, tax information, and any other payment information provided by Drivers.
Location Information:Uturn services is all about connecting Drivers and Riders. To do this, we need to know where you are. When you open Uturn services on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.
Your location informationis necessary for things like matching Riders with nearby Drivers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of Uturn services Users or a member of the public. In addition to the reasons described above, Drivers’ location information and distance travelled is necessary for calculating charges and insurance for Uturn services rides. If you give us permission through your device settings or Uturn services app, we may collect your location while the app is off to identify promotions or service updates in your area.
Device Information:Uturn services receives information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Drivers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.
Usage Information:To help us understand how you use the Uturn services Platform and to help us improve it, we automatically receive information about your interactions with the Uturn services Platform, like the pages or other content you view, your actions within the Uturn services app, and the dates and times of your visits.
Call and Text InformationWe work with a third party partner to facilitate phone calls and text messages between Riders and Drivers who have been connected for a ride. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the Uturn services Platform, such as those between Riders and Drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow Uturn services to monitor and/or record your call.
User Feedback At Uturn services , we want to make sure Users are always enjoying great rides. Riders and Drivers may rate and review each other at the end of every ride. We receive information about ratings and reviews and, as we explain below, give Riders information about Drivers’ ratings and reviews and vice versa.
Information from Cookies and Similar TechnologiesWe collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the Uturn services Platform and interact with Uturn services advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Uturn services Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the Uturn services Platform.
Third Party Services:If you choose to register for Uturn services or otherwise link your Uturn services account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.
Third Party Partners:We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.
Enterprise Programs:If your company, university, or organization participates in one of our enterprise programs such as Uturn services for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a ride on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your ride.
Background Information on DriversUturn services works with third party partners to perform driving record and criminal background checks on Drivers, and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.
Additionally, we use the information we collect from Drivers for the following purposes related to driving on the Uturn services Platform:
Sharing between Riders and Drivers. Riders and Drivers that have been matched for a ride are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Riders and Drivers who connect their Uturn services accounts to Facebook will also be able to see their mutual Facebook friends during the ride. Drivers see the pick-up location that the Rider has provided. Riders see a Driver’s vehicle information and real-time location as the Driver approaches the pick-up location. Riders’ ratings of Drivers are shared with Drivers on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the Rider that provided the rating or feedback.
Although we help Riders and Drivers communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Users. If you report a lost or found item to us, we will seek to connect you with the relevant Rider or Driver, including sharing actual contact information with your permission.
Sharing between Uturn services Line Riders. If you use Uturn services Line, Riders who have been matched with you will be able to see your name, photo and any information you have added to your Profile. If you connect your Uturn services account to Facebook (such as by signing up through Facebook), we may show your mutual friends with other Riders who are also connected via Facebook. During the Uturn services Line matching process we may show photos of possible matches to you and other Riders.
API and Integration Partners: If you connect to the Uturn services Platform through an integration with a third party service, we may share information about your use of the Uturn services Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.
Third Party Services: The Uturn services Platform may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the Uturn services app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.
Service Providers: We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the Uturn services Platform, including all of the things described in Section 3 above.
Enterprise Partners: If you participate in an enterprise program and charge a ride to your organization’s billing method or credits, we will provide your organization’s account holder with information about your use of the Uturn services Platform, including ride details such as date, time, charge, and pick up and drop off locations. If you create a Business Profile, at the end of each ride you will have the option to designate the ride as a business ride. If you do so, and your organization has a corporate account with Uturn services , we may share information about your use of Uturn services Platform with your organization including ride details such as date, time, charge, and region of the trip. If you change organizations, it is your responsibility to update your Business Profile with the new information. (Please remember to check and set your designation settings accordingly.) If you integrate your account with an expense platform (like Concur) we will share the ride details to your expense account.
International Partners: We’ve partnered with several ride-sharing services around the globe so Riders can continue to find rides when they open the Uturn services app abroad, and Drivers can provide services to international travelers in the U.S. When we match a ride with the partner, we share the same information that is shared between matched Riders and Drivers on the Uturn services Platform. In some cases we are unable to mask your phone number if you call an international driver, so please keep that in mind before using this feature.
Email Subscriptions: You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the Uturn services Platform.
Text Messages:You can opt out of receiving commercial or promotional text messages by texting the word END to 46080 from the mobile device receiving the messages. You may also opt out of receiving all texts from Uturn services (including transactional or relational messages) by texting the word STOPALL to 46080 from the mobile device receiving the messages, however, opting out of receiving all texts may impact your use of the Uturn services Platform. Drivers can also opt out of driver-specific messages by texting STOP in response to a driver SMS. To re-enable texts you can text START in response to an unsubscribe confirmation SMS.
Push Notifications:You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Uturn services Platform (such as receiving a notification that your ride has arrived).
Profile Information:While your name will always be shared with Drivers and fellow Uturn services Line Riders, you can delete any additional information that you added to your Profile at any time if you don’t want Drivers and Uturn services Line Riders to see it. Riders will always be able to see Drivers’ names, rating, profile photos, and vehicle information.
Location Information:While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Rider and Driver location is core to the Uturn services Platform and without it we can’t provide our services to you.
Facebook Friends:You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.
For registration on the Service Provider App, the device of such model and functionality as may be specified and notified by Uturn services to the Transport Service Provider, more specifically set out under the Commercial Term Segment in Exhibit C, may be either provided by Uturn services or the Transport Service Provider may bring his own device. The Transport Service Provider hereby agrees that Uturn services Device or Non-Uturn services Device (both the terms defined hereunder), as the case may be, shall be switched on during the performance of the Service without being any exceptions whatsoever. The provisions relating to Uturn services Device / Non-Uturn services Device shall be as set out below-
The following disclaimers are made on behalf of Uturn services , our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Uturn services does not provide transportation services, and Uturn services is not a transportation carrier. Uturn services is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Uturn services Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Uturn services Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The Uturn services Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Uturn services Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Uturn services Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Uturn services Platform will be corrected, or that the Uturn services Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Uturn services Platform or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Uturn services Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Uturn services Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Uturn services is not responsible for the conduct, whether online or offline, of any User of the Uturn services Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Uturn services Platform and participating in the Services, you agree to accept such risks and agree that Uturn services is not responsible for the acts or omissions of Users on the Uturn services Platform or participating in the Services.
You are responsible for the use of your User account and Uturn services expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Uturn services Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Uturn services Platform or through the Services. Please carefully select the type of information that you post on the Uturn services Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Uturn services or made available through the Uturn services Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Uturn services Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Uturn services Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Uturn services Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Uturn services , nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Uturn services Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Uturn services Platform may be accessible to Uturn services and certain Users of the Uturn services Platform.
Uturn services advises you to use the Uturn services Platform with a data plan with unlimited or very high data usage limits, and Uturn services shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Uturn services Platform.
This paragraph applies to any version of the Uturn services Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Uturn services . Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Uturn services Platform. Uturn services , not Apple, is solely responsible for the Uturn services Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You agree that Uturn services 's role is limited to (a) managing and operating the Portal and the Service Provider App and being a market place solely for the display of the Transport Services in the manner decided by Uturn services unilaterally, (b) being an online booking platform facilitating the provision of Transport Services by the Transport Service Provider to the users of the Portal, and (c) payment collection through an e-wallet (Uturn services Money powered by Aixs bank) to facilitate the transactions between Transport Service Provider and the users of Portal. Accordingly, Uturn services is merely an intermediary providing online marketplace services and the Service Provider App is only a platform where Transport Service Provider shall offer Transport Services to the users on execution of the Agreement and registration and acceptance by users of the customer terms and conditions on the Portal.
Uturn services disclaims and shall disclaim all representations and warranties to the Transport Service Provider, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of the Uturn services Device(s), Service Provider's App and Portal or the services provided through the Service Provider App on the Portal and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of Uturn services Device(s), Service Provider's App and Portal.
To the extent permissible under applicable laws, Uturn services disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Transport Service Provider (a) of the applicable laws in respect of the Transport Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of the Transport Service Provider T&Cs; or (d) of the duty of care the Transport Service Provider owes to the users of the Portals.
Uturn services does not warrant to the Transport Service Provider that the Transport Service Provider will be able to use the Uturn services Device(s), Service Provider App on the Portal at all times or locations or that the Uturn services Device(s) and Service Provider App on the Portal and the Transport Services provided through the Service Provider App on the Portal will be uninterrupted or virus- free or error-free or free from any technical glitches or malicious software and that the defects will be corrected by Uturn services .
If any dispute arises between the Transport Service Provider and Uturn services , in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by Uturn services . Arbitration shall be held in Bangalore. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.
This Agreement shall be governed by and construed in accordance with the laws of India. Subject to clause XII (1), the courts in Bangalore shall have the exclusive jurisdiction in connection with this Agreement.
In addition to above remedies, Uturn services shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Transport Service Provider from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies Uturn services may have at law or in equity.
The Transport Service Provider acknowledges that pursuant to this Agreement, the Transport Service Provider will have access to confidential information of Uturn services and its affiliates, which has been provided by Uturn services . The Transport Service Provider undertakes to keep confidential all data and other confidential information of Uturn services and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Transport Service Provider by Uturn services or Portal users, as the case may be, but not be limited to Portal users details (i.e., Personal Information and sensitive personal information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of the Service Provider App / Portal or any other information, whether provided orally or in writing, received or to be received by the Transport Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of Uturn services ("Competitor"). In the event, Uturn services becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, Uturn services can claim such direct and indirect damages as it may suffer due to such losses.
License Grant:Subject to the terms and conditions of this Agreement, Uturn services hereby grants the Transport Service Provider a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of this Agreement, to the Service Provider App on the Portal of Uturn services solely for the purpose of providing Transport Services to the Portal users and also for settlement of Fees between Uturn services and Transport Service Provider. All rights not expressly granted to the Transport Service Provider are reserved by Uturn services .
Ownership:The Portal, Service Provider App and Confidential Information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership ("Uturn services intellectual Property"), shall remain (as between the Transport Service Provider and Uturn services ) the property of Uturn services . Neither this Agreement, the Transport Service Provider T&C nor Transport Service Provider's use of the Portal and Service Provider App conveys or grants to the Transport Service Provider any rights: (a) in or related to the Portal and Service Provider App, except for the limited license granted above; or (b) to use or reference in any manner Uturn services 's Intellectual Property.
The Transport Service Provider agrees that it shall not reproduce, transcribe or make any copies of the Uturn services intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such Uturn services intellectual Property.
Uturn services may amend the provisions of this Agreement and Exhibits annexed to this Agreement at its own discretion and notify in accordance with the means provided in clause XI such amendments to the Transport Service Provider.
These Terms and Conditions (as defined) shall be applicable as set out below-
If the Transport Service Provider (as defined in the Subscription Agreement) is an Operator providing Services to the Customers through the Drivers employed by the Operator, these Terms and Conditions shall be interpreted in the manner so as to apply to the Operator as well as to the Drivers employed by the Operator; and
If the Transport Service Provider is an individual providing Services to the Customers directly, these Terms and Conditions shall be interpreted in the manner so as to apply to an individual Transport Service Provider Operator.
DEFINITIONS: All of the defined and capitalized terms in these Driver T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the Subscription Agreement.
"Acceptance" means your affirmative action of clicking on the box against the words "ACCEPT & CONTINUE" provided at the end of these Driver T&C, by which action, you unequivocally accept the Driver T&C and any modifications thereof.
"Account" refers to the account created by Uturn services atits sole discretion, for the Driver subsequent to the Driver submitting and Uturn services verifying the Registration Data
"Applicable Laws" shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.
"Booking" shall mean the allotted Service Request.
"Business Day" means a day on which banks are open for business in the City of Operation.
"Cancellation Fee" shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.
"City of Operation" shall mean the city in which the Subscription Agreement is executed by and between the Driver and Uturn services .
"Commercial Term Segment" shall mean Exhibit C of the Subscription Agreement, which contains the commercial terms for Service provided by the Drivers.
"Content" shall have the meaning given to it in 7.1.
"Convenience Fee" shall mean the fee payable by the Customer for availing the technology services offered by Uturn services . Convenience Fee will be charged for each Service Request placed by the Customer on the Portal.
"Device" shall mean Uturn services Device or Non-Uturn services Device, as the case may be, used for performance of the Services.
"Driver" or "You" or "Your" or "Yourself" shall mean an individual, who has an Account with Uturn services and in the event of Operator Drivers, shall include the Operator Drivers for purposes of compliance with these Terms and Conditions.
"Driver App" means the electronic interface on the Uturn services Portal from where the Driver's Account is accessible to the Driver. Login credentials (User ID and Password) for the Driver App shall be provided by Uturn services .
"Driver Proceeds" shall mean the net amount receivable by the Driver after deduction of Uturn services 's commission and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.
"Fare" shall mean the Fare payable to the Transport Service Provider as is also reflected on the Device after completion of the Service. The Driver permits Uturn services to review and revise the Fare as per the market conditions.
"Force Majeure" shall have the meaning given to in Clause 16.4.
"Information" shall mean the details furnished by the Driver at the time of signing the Subscription Agreement and/or otherwise during and after the Drivers registration on the Driver App on the Portal and successful creation of an Account.
"Uturn services " or "We" or "Us" or "Our" shall mean Uturn services inc., a company incorporated under the Companies Act 1956, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns. "Operator" shall mean a transport service provider who has listed himself / itself and his / its fleet of vehicles on the Portal to provide Services to the Customers through the Drivers employed by the Operator.
"Operator Drivers" shall mean the Drivers employed by the Operator for providing Services to the Customers.
"Parties" shall mean, collectively, the Driver and Uturn services and "Party" shall refer to any one of them.
"Portal" shall mean such features of the Uturn services mobile application or other programs, software, and Driver App, owned by, licensed to and controlled by Uturn services , and other URLs as may be specified by Uturn services from time to time.
"Posted Content" shall have the meaning given to in Clause 7.4.
"Service" means the service of picking a Customer from the pick-up point as prompted on the Device and dropping the Customer at the drop point entered by the Customer at the time of placing his / her Service Request and accepted by the Driver.
"Total Ride Fee" shall include the Fare, the Convenience Fee, Additional Fee (if any) and the Cancellation Fee (if any), reflected on the Device and such other fee, as may be applicable.
"Service Request" means a request placed by the Customer on the Portal to avail the Service offered by the Driver.
"Subscription Agreement" shall mean the agreement entered into between Uturn services and the Driver / Operator pursuant to which the Driver / Operator has agreed to provide transport Services in accordance with these Driver T&C, as amended from time to time.
"Subscription Amount" shall mean the amount paid by the Driver at the time of subscription to Portal of Uturn services , if any.
"Term" means the period commencing from the date of acceptance of the Driver T&C by the Driver up to the date of termination of the Subscription Agreement and/or these Driver T&C.
"Terms and Conditions" or "Driver T&C" refers to these Driver T&C which are available at the Portal, as may be amended from time to time.
"Vehicle" shall mean 'Motor cabs' as defined under the Motor Vehicles Act, 1988.
"Wallet" shall mean the prepaid payment instruments available for payments in the Uturn services Portal.
"Zero Tolerance Policy" shall mean the policy of Uturn services as detailed under the Annexure to these Driver T&C, as may be amended from time to time.
These Driver T&C together with the Subscription Agreement, Commercial Term Segment, Zero Tolerance Policy, Uturn services Policies, shall be deemed to be incorporated by reference into these Driver T&C and shall form the complete understanding between the Parties. By accepting the Driver T&C, You acknowledge and agree to the Subscription Agreement and various Exhibits to the Subscription Agreement, Uturn services Policies and any other policy that Uturn services makes applicable to You from time to time, to the fullest extent possible. Additionally, You hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of on boarding and background verification.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Portal / Driver App is owned, controlled or licensed by or to Uturn services and is protected under the Applicable Law.
Except as expressly provided in these Driver T&C, the Driver shall not: (i) Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations or other recast or altered versions) from the Portal / Driver App, or any portion thereof; (ii) Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Portal / Driver App; (iii) Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iv) Store or disseminate material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (v) Use the Portal / Driver App in a way that infringes or misappropriates a third party's intellectual property rights or personal rights; (vi) Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal / Driver App or any activities conducted on the Uturn services; (vii) Copy, sell, sub-license or assign the Portal / Driver App, and its rights under these Driver T&C, without the prior written consent of Uturn services ; (viii) Distribute, disclose or allow use of the Portal / Driver App by any third party in any format, through any timesharing service, service bureau, network or by any other means; or (ix) Merge or combine the Portal / Driver App with any other technology not provided by Uturn services .
You may use information on the Portal / Driver App purposely made available by Uturn services for downloading from the Portal / Driver App, provided that You: (i) do not remove any proprietary notice language in all copies of such documents; or (ii) 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; or (iii) make no modifications to any such information; or (iv) do not make any additional representations or warranties relating to such documents.
You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Portal / Driver App ("Posted Content"), provided that such Posted Content is not restricted or prohibited under Applicable Laws or such Posted Content is not infringing any third party's proprietary rights. Subject to the foregoing, such Posted Content will become Uturn services 's property and You grant Uturn services the worldwide, perpetual and transferable rights in such Posted Content. Uturn services shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by Uturn services in the manner that Uturn services deems fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Uturn services . Uturn services will use such information in accordance with the Driver T&C including any Uturn services Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and information You provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, You shall be solely responsible for any liability arising out of the Posted Content on the Portal.
Uturn services may, upon notice to the Driver, delist or remove the Information pertaining to the Driver from the Portal / Driver App.
The Parties to these Driver T&C shall be entitled to terminate these Driver T&C with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.
The Parties to these Driver T&C shall be entitled to terminate these Driver T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Driver T&C by a Party which is not the Party proposing to terminate the Driver T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.
Upon termination of these Driver T&C in the manner set out in Clause 14.1 and 14.2 above, the registration of the Driver on the Portal shall stand cancelled and the Account shall be terminated and the Driver shall not be eligible to ply his Vehicle on the Portal.
Upon the expiry or early termination of these Driver T&C: i. The Driver shall pay to Uturn services all amounts due and owing to Uturn services . ii. Uturn services may, at its own discretion, return the Subscription Amount with such deductions as may be required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Driver to Uturn services under these Driver T&C. iii. On the termination of Your registration, Uturn services will settle the Driver Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Subscription Agreement, prior to the date of termination. iv. Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Driver T&C and/or the Subscription Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party's confidential information. v. The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Driver T&C and/or the Subscription Agreement. In connection with the marketing activities, on termination or expiration of the Subscription Agreement along with the Driver T&C, the Driver shall ensure that Uturn services branding affixed / displayed on the Vehicle and / or any other branding affixed / displayed on the Vehicle (as directed by Uturn services and mutually agreed between the Parties), if any, shall be immediately removed. If the Driver is unable to remove the branding himself, Driver shall promptly approach Uturn services 's nearest office for removal of the branding. Uturn services disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Driver after expiry or termination of the Subscription Agreement and Driver T&C.
Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11 (Disclaimer), 12 (Confidentiality), 13 (Indemnification and Limitation of Liability), 14 (Termination of Driver Registration) and 15 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Driver T&C in accordance with their terms.
Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.
Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which Uturn services may have, arising out of the event which gave rise to the right of termination.
If any dispute arises between You and Uturn services , in connection with, or arising out of, these Driver T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by Uturn services . The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.
These Driver T&C shall be governed by and construed in accordance with the laws of India.
Subject to clause 15.1, the court shall have the exclusive jurisdiction in connection with this Agreement.
In addition to above remedies, Uturn services shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations. These injunctive remedies are cumulative and are in addition to any other rights and remedies Uturn services may have at law or in equity.
Entire Agreement:The Parties hereby agree that the Subscription Agreement, Exhibits and these Driver T&C along with Commercial Term Segment, Uturn services Policies, Zero Tolerance Policy and any other policy that Uturn services notifies to the Driver from time to time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Driver T&C and any other agreement executed between the parties, the terms of the Driver T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Driver T&C.
Independent Contractor Status:The relationship created by Driver T&C is that of independent contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Driver shall not be deemed for any purpose to be an employee of Uturn services or any of its Affiliates. Uturn services shall not be responsible to the Driver or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.
Assignment:Neither these Driver T&C nor any of the rights, interests or obligations hereunder shall be assigned by the Driver to any third party, without the prior written consent of Uturn services. Uturn services may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.
Force Majeure:Any delay in or failure to perform any obligations by either party under the Driver T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection ("Force Majeure"). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to Uturn services . You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which Uturn services the notice from You as above, Uturn services shall have the right to terminate these Driver T&C.
Notices:Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Driver T&C:
Waiver:Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.
Severability:Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
Amendment:These Driver T&C may be modified or amended by Uturn services atits sole and absolute discretion.
Uturn services expects partners to comply with all state, federal and local laws governing the transportation of riders with disabilities. A partner's violation of the laws governing the accommodation of riders with disabilities constitutes a breach of his or her contractual agreement with Uturn services .
Accordingly, partners are expected to accommodate riders using walkers, canes, folding wheelchairs or other assistive devices to the maximum extent possible.
Any report of unlawful discrimination will result in temporary account deactivation while Uturn services reviews the incident. Confirmed violations of the law with respect to accommodation of riders with disabilities may result in permanent loss of access to the Uturn services r platform.
E-mail : Support@uturn.cab