These Terms & Conditions, as may be amended from time to time, apply to the use of our GoTaxa. Any use after amendment constitutes acceptance of the new terms.
For the purposes of this Agreement, the following terms shall have the following meaning:
“Account” means the account that each driver must apply for to use the Go Taxa App and the Platform to access information and documents regarding the use of the Go Taxa.
“Agreement” means any agreement between the Driver and the Company regarding the use of Go Taxa consisting of these Terms & Conditions and any other additional terms and conditions or documents referred to herein or agreed in the future between Driver and the Company
“Company Fee” means the fee that Driver is obliged to pay to the Company for using the Platform and any GST and IGST /or any other applicable tax due.
“Driver”, “you”, “your” or “yours” mean the driver who has completed the registration for drivers and is accepted by us to participate as a Driver.
“Payment Method” means cards, carrier billing and other payment methods used by the Passenger using the Go Taxa App to pay for the Transport Services.
“Go Taxa” means the services that the Company provides, including provision and maintenance of Go Taxa App, the Platform, Payment Method, customer support, communication between the Driver and the Passenger and other similar services.
“Go Taxa App” means the smartphone and/or any portable device and/or any web application for Drivers and Passengers to request and receive Transport Services.
“Passenger(s)” means the customer using or booking a Transport Service through our Go Taxa App.
“Passenger Fee(s)” means the fee a Passenger is obliged to pay the Driver for provision of the Transport Services which shall be inclusive of GST if applicable and/or any other applicable tax due as determined by us from time to time.
“Platform” means the technology connecting Passengers with Drivers to assist them to travel between locations of their choice.
“Transport Service(s)” means the transport service rendered by Drivers to Passengers.
“Us", “we" or “our" mean the Company.
“User(s)” means any user of the Go Taxa App.
Through our Platform, Drivers have the opportunity to receive transport orders and the option to be contracted by potential passengers looking for a transport service.
For this purpose, your identification details will be transmitted to the Passengers every time the Passenger searches for a Transport Service through the Go Taxa App. Passenger will be provided with your first name and surname, telephone number, image photo, your vehicle registration number, type and specifications of vehicle, location, languages spoken and performance rating. As soon as you start the Go Taxa App and set yourself as available, your location can be identified by all Passengers and other users. The respective geo-location of the Passenger will be specified after the Passenger hails you through the Go Taxa App.
We do not provide transportation services but act solely as a channel of communication between you and the Passenger. From the point at which you accept to transport a Passenger, you enter into a direct contractual relationship with the Passenger that has booked you. It is up to you to offer Transport Services which may be scheduled through use of the Go Taxa App and to comply with all applicable legislation, including compulsory insurance legislation and passenger safety. We have no responsibility or liability whatsoever for any claims, suits, losses, damages, expenses, consequential loss or otherwise, arising out of or in connection with or in respect of any death or injury to any person whatsoever, and in respect of any loss or damage to any property whatsoever, which may arise in relation to a Transport Service. Consequently you, and not us, are responsible and liable for any such claims, suits, losses, damages, expenses, consequential loss or otherwise, arising out of or in connection with or in respect of any death or injury to any person whatsoever, and in respect of any loss or damage to any property whatsoever, which may arise in relation to a Transport Service. Neither are we responsible or liable for damages you may incur while providing a Transport Service.
The information that we disclose is based on the information provided to us by the Users. As such, the Users are fully responsible for informing us with their updated information and indicate directly by themselves their availability, which is displayed on our Go Taxa App. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors, any interruptions however due including breakdown, repair, upgrade or maintenance of our Go Taxa App or otherwise, inaccurate, misleading or untrue information or non-delivery of information. Each User remains responsible at all times for the accuracy, completeness and correctness of the information displayed on our Go Taxa App.
You may not download or reproduce or use in any other manner any content or information, software, products or services available on our Go Taxa App for any commercial or competitive activity or purpose. In order to maintain the Account, you may be required from time to time to provide further information and/or documentation.
In order to make use of the Go Taxa, you must sign up by providing the requested information and uploading necessary documentation as required by us. Upon successful completion of the signup application, we will provide you with a personal Account that you may access through a username and password.
By signing up, you represent, warrant and agree as follows –
Payment to you of any amounts due to you in terms of these Terms and Conditions will be effected as indicated in the signup application. We will incur no liability whatsoever for any incorrect money transactions in case you have provided wrong details.
From time to time we may send you additional requirements and conditions that will be applicable to use our Go Taxa. Failure to comply with such requirements and conditions may lead to termination of this Agreement and the right to use the Go Taxa and this without us incurring any liability whatsoever therefor.
You are considered to be a legal person, if the recipient of the fees is marked as a legal person in payment details provided to us upon application. In such cases, the indicated legal person is considered to be the provider of Transport Services and a party to this Agreement and any further agreements. Only the specific natural person indicated in the signup process may actually provide the Transport Services. Such natural person may use the account of the Driver only if he/she has read and agrees to be bound by this Agreement. The legal person in the payment details and the natural person factually providing the transport services under the Account shall remain jointly and severally liable for any infringement of this Agreement conducted by the driver.
Upon concluding a separate agreement, a legal person may itself register an account to be used by its employees and/or service providers. In such cases the legal person shall be required to ensure that its employees and/or service providers conform to the requirements of the Agreement and any further agreements and agrees to act in accordance and be bound with its conditions and obligations. The legal person and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.
Upon successful completion of the signup application we will grant you a licence to use the Go Taxa App and the Account. Regardless of the above and if so agreed separately, legal persons may sub-license the Go Taxa App and the Account to its employees/service providers.
Except as specifically permitted herein, without the prior written consent of the Company you agree not to:
The licence granted herein ends contemporaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Go Taxa App and the Account whereupon we will be entitled to block and delete the Account without a prior notice.
We may ask you to use tags, labels, stickers or other signs that refer to our Go Taxa brand or we may otherwise indicate that you are using the Platform. We grant you a non-exclusive, non-sublicensable, non-transferable licence to use such signs and only for the purpose of indicating you are providing Transport Services via the Platform. After termination of the Agreement you must immediately remove and discard any signs that refer to the Go Taxa brand.
Any and all content, including but not limited trademarks, logos, symbols, domain names, trademarks, designs, industrial designs, images, photographs, backgrounds, icons, navigation tools, texts, among others, of the present software or products related to the Go Taxa are protected by copyright and intellectual property and are owned by us or third parties authorized by us to develop activities thereon. You are to respect our intellectual property rights and that of others.
We are not liable for any damages, costs or expenses that may be suffered or incurred by you as a result of any breach of the obligations herein specified.
You are to provide the Transport Services in accordance with the provisions of this Agreement as well as any applicable laws and regulations. You are to ensure that you are in possession of valid licences and permits at all times and are covered by a motor insurance policy as required by the Laws of India and other insurance that may be deemed prudent in relation to the provision of the Transport Services. You may be required to furnish evidence of any such licences and permits, approvals or other registrations, policies and certifications that may be necessary for the provision of the Transport Service in terms of all applicable laws and regulations
You are to act professionally in the provision of the Transport Service and to respect at all times the Passengers making use of the Transport Service. You are also to act in the best interest of the Passenger and ensure that you take the most cost-efficient route for the Passenger unless otherwise explicitly requested by him or her. You may not make any unauthorized stops during the provision of any Transport Service. You are to adhere at all times with traffic laws and regulations. You are not to allow any other person to accompany you or otherwise make use of the Transport Service other than the Passenger and any accompanying passengers.
You will retain the discretion as to when to provide the Transport Service and you also have the right to accept, decline or ignore any requests made by potential Passengers for Transport Services.
All costs incurred in the provision of the Transport Service are incurred by you. Such costs include the equipment for the provision of the Transport Service and the costs, expenses and taxes incurred in the course of performing the Transport Services.
For every Transport Service provided to Passengers accepted on the Platform you are to charge the Passenger Fee based on a default base fee, the distance of the specific journey as informed
Any and all fiscal obligations arising in connection with the provision of the Transport Service in relation to this Agreement shall be your sole responsibility. Likewise, any obligation relating to income tax, social security contribution or other applicable tax or any obligation relative to employment shall be your sole responsibility.
In consideration of our Go Taxa provided to you, we will charge you a Company Fee levied as a percentage of the Passenger Fee of each and every Transport Service provided by you together with GST due on the Company Fee. The percentage amount will be communicated to you either through the Go Taxa App, email or your Account. You agree that the Company Fee may vary from time to time. We will inform you of any such variations prior to implementation. Company Fees are payable monthly in arrears. Interest at the highest rate allowed by law will be charged in case of late payments.
You hereby acknowledge and agree that we are not transport service providers but an information society service. The provision of Transport Service is provided by you independently or via a company as an economic and professional activity.
You further hereby acknowledge and agree that you are not our employee and that there is no employment relationship between you and us. There is neither a joint venture or a partnership between you and us. In this respect, you may not act as an employee, agent or our representative nor bind us in any manner whatsoever.
To the maximum extent permitted by law, you agree that the Company, its shareholders, officers, directors, employees, representatives, or others are not liable for:
Without prejudice to the above, our total aggregate liability arising out of or in connection with this Agreement shall in no case exceed five hundred Rupee (5,00/-).
We are not liable for the actions or non-actions of the Passenger or co-passengers and are not liable for any loss or damage that may incur to you or your vehicle as a result of actions or nonactions of the Passenger or co-passengers.
You are liable for breach of this Agreement or any other applicable laws or regulations and must remedy such breach immediately after receipt of a written notice from us or any competent authority. You are to indemnify us and hold us harmless for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may incur in connection with your breach of this Agreement and laws and regulations.
In the event that a Passenger presents any claims against us in connection with your provision of Transport Services, then you are to compensate for such damage, costs and expenses to us in full within seven (7) days from the date of written request by us together with legal costs.
In addition to the right to terminate this Agreement as elsewhere provided in this Agreement, we may, in our sole discretion, suspend or terminate, temporarily or permanently, the Account of a User at any time:
You are to immediately notify us of any changes to the information provided.
This Agreement shall be governed by and construed in all respects in accordance with the laws of India. Any dispute concerning the interpretation, breach or enforcement of this Agreement shall be subject to the exclusive jurisdiction of the Durgapur Court.
If any provision of this Agreement is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.