CUTOMER

IN ACCORDANCE TO THE PROVISIONS 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

These, these terms and conditions apply you when you use the platform of the company or avail its services.

I. DEFINITIONS AND INTERPRETATION

Unless the context requires otherwise, mean terms in these Customer Terms have the following meaning:

  • Account means the account created by you, ‘the user’ on the Application for accessing the Services.
  • Additional Fee means any toll, duty, taxes, levies or similar fees or charges that are not included in the Fare but are payable by the Customer to any third party (including government agencies and regulatory authorities) under any Applicable Laws in connection with the Services. It also includes fee levied for cancelling the ride by you after the prescribed time and the fee you would be liable to pay for making the driver waiting.
  • Applicable Laws means all statutory and procedural laws and legal principles applicable in India, which includes principles of equity, regulations, proclamations, by-laws of the company, rules, statutory rules of an industry body, and judgments of the competent courts and generally accepted accounting principles applicable from time to time.
  • Application means such features of the “Locome” mobile application which is also referred as ‘app’. It is the electronic interface of the company from where you can access your account, book ride and avail the services of the company.
  • Area of Operation means the State or Territory of India in which this term and conditions are accepted by you.
  • Booking Confirmation means when a ride requested by you has been accepted by the driver. Also referred as booked ride. 
  • Business Day means and includes all days on which banks are open for the business.
  • Cancellation Fee shall means the fee levied on you when you cancels your booked ride as per the cancellation policy of the company.
  • Company would mean the SUMAAYAT INFOTECH pvt. Ltd. and its platform in the name of ‘Locome’ which is also referred to as us/ we.
  • Driver means the individual driver of vehicle used for conveyance for the ride booked by you who is registered with us and operates the Vehicle. Also referred to as a independent contractor.
  • Eligibility or Eligible means the competence to enter into a contract under the applicable laws i.e. one should be above 18 years of age and provide us with the accurate, complete, current and valid and true registration data.
  • Fare means the amount specified on the Application inclusive of taxes payable for the specific ride provided to you by the driver.
  • Force Majeure means any act beyond the control of the parties to this terms and condition because of which any of the obligation/ terms could not be followed by the party. Any breach of this Driver Terms caused by force Majeure which includes the acts of any government authorities, acts of gods, natural calamity, explosions, riot, war, rebellion, insurrection or other event.
  • Payment Option means and include the relevant payment details which include your credit/ debit card/ UPI/ Net Banking details for us to process and collect your ride fare or debit/ credit the bank account linked to the payment detail.
  • Payment Processor means the online gateway or route from where the online monetary transactions made by you for every ride would be collected online and settled.
  • Platform means the ‘locome’ app/ application of the company and its website https://locome.in/.
  • Registration Data means basic information asked from you at the time of registering on the Application.
  • Ride means the travel in the Vehicle from your pick up location to your destination by facilitating through the Application conditions.
  • Services mean the technology services we provide which facilitate Rides and other products and services accessed through the Application or via an offline mode including an SMS or phone calls within the Area of Operation including any other future products or services which we may introduce or offer from time to time.
  • Total Ride Fee means the final amount to be paid for the ride. This includes the fare, convenience fee, prior cancellation fees (if any), (additional fees) and the levied taxes.
  • Vehicle means a vehicle, owned or operated by the Driver, for the carriage of passengers.
  • You / Your means you, the customer or user of the company or its platform service.
  • Your Content means the electronic data transmitted through your device to the application like photos, videos, messages etc.

II. INTERPRETATION

Unless the context requires otherwise, in these Customer Terms:

  • a person includes a natural or artificial or legal person, an individual, partnership, joint venture, trust, corporation or any other entity or association whether or not it is incorporated or has a separate legal identity;
  • Party includes that Party’s successors, administrators, successors and permitted substitutes and assigns including any person taking by way of novation.
  • No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Customer Terms or any part of them.

III. GENERAL

All services proided by the company to you will be guaranteed by your use of the platform. These terms govern the relationship between you and the company in connection with the provision of the service. These terms govern your access/ interaction with or use of the Platform and/or your use of the services.

Please read these Terms carefully before using or registering on the Platform or accessing data or information on the Platform or using the Services. By using the Platform or utilizing the services, you acknowledge that you have read and understood these terms and agree to be bound by them without limitation or qualification. If you do not agree to these terms, please do not access the Platform or use the services.

These Terms set out any prior agreement or arrangement with you. your use of and access to the platform is subject to your unconditional acceptance of all the terms, conditions and notices contained in these Terms and Conditions, the Privacy Policy incorporated herein by reference) and any amendments made by the company, in its sole discretion from time to time. To time throughout its future life, published on the platform.

IV. SERVICES

We provide the following services (“Services”) to you:

  1. A platform that helps support and deliver packages from one place to another by our independent workers (driver or drivers)
  2. A platform that facilitates the booking of three wheeled vehicles (“Driver” or “Electric Vehicles”) or four wheeled taxis or bike (collectively “Vehicles”) and the use of transportation services by our freelancer which are drivers or riders.

V. YOUR REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

In relation to your use and access of the Platform or for availing the Services, you represent, warrant, and provide the following undertakings:

  1. To register/create an account on the platform, you confirm that you are over 18 years of age.
  2. The Service is not directed to persons under the age of 18. You may not authorize third parties to use your account (as defined below) and you may not permit persons under the age of18 to receive services from our drivers or selfemployed drivers unless you are present and/or supervised. However, you agree to assume full responsibility for minors’ use of the Services, including ensuring their safety while using such Services, and the Company is not responsible for what happens.
  3. If the Company discovers or receives credible information that you have lied to us about your age, the Company has the right to disable the account and you will not be liable for any prosecution (such as insurance) against the Companies.
  4. These Terms impose valid and legally binding obligations on you and are enforceable against you.
  5. You confirm that you will not be subject to any commercial proceedings against you or be unlawfully prosecuted by a court or other body.
  6. Your access to the Platform or use of the service (including for commercial purposes for which the service is used) shall not be restricted by any legal, regulatory, court, arbitration or other authority.
  7. You agree to use the Services only for purposes permitted by these Terms and in accordance with applicable law.
  8. By using the Platform or services, you authorize the Company (either directly or indirectly through a third party) to collect information about you or conduct any necessary investigations to verify your identity in accordance with our privacy policy or company policies. Please read the Privacy Policy to understand how we collect, process and share your information, including your personal information and personal data or information (collectively, “Information”).
  9. In addition, we will require you to take steps to clarify your rights regarding your email address or financial instrument, or to provide information or documents that will allow us to appropriately identify you, requiring you to collect information based on third party information or Verification information. If we are unable to obtain or verify this information, we reserve the right to terminate, suspend or restrict access to the Service.
  10. When you provide information to the Company, you agree to provide only true, accurate, current and complete information. Contact information, bank information, etc. You understand and agree that it is your responsibility to provide accurate information regarding the Service. You should take extra care to ensure that the information you provide is errorfree and accurate. We are not responsible for verifying the accuracy of the information you provide.

VI. OPERATION OF PLATFORM

  1. You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate information during registration. You are solely responsible for maintaining the confidentiality of the identification information (username, password, etc.) you provide when registering, and the Company is not responsible for any losses that may occur due to someone else using your account, whether or not the account is your responsibility.
  2. Your Account cannot be transferred, assigned, or sold to a third party.
  3. You accept responsibility for all activities that occur through your account. You agree to establish appropriate security procedures and controls to prevent unauthorized access to your password or other identification information, including selecting passwords and other identification information to protect the security of your information. Your credentials include your account username and password and any third-party accounts you use to access your account.
  4. You agree to notify us immediately if you have reason to believe that your login information is known to others or that your password or account has been used or used without permission.
  5. The company will not be liable for any breach of security or unauthorized use of Your Account.
  6. The Company will forward your reservation request via the Platform to the Driver via GPS-GPRS according to the Driver request form.
  7. The Company may monitor and record drivers’ phone calls for training and customer development purposes, including customer service complaints.
  8. The Drivers will have the sole discretion to accept or reject each Service Request.
  9. If the driver accepts the request, you will receive a notification with the driver’s information including name, contact number and vehicle registration number.
  10. The Company will establish a good relationship with the driver to receive the service, depending on whether the driver is with you or around you at the time you request the service.
  11. Even after accepting the request, the driver may not be able to reach your waiting area or may decide not to provide service, in which case the company will not be responsible.
  12. The Company will not be liable if you do not download the correct mobile application to access the Platform or do not visit the appropriate web portal.
  13. For the avoidance of doubt, it is clearly stated that the company itself does not provide shipping and package services, but only facilitates these services through the platform. Drivers are responsible for providing transportation and cargo. You acknowledge that the Company is merely an intermediary and does not provide services such as transportation and transport services, and that packages are provided by third-party operators (drivers) that are not operated directly by the Company or any of its affiliates.
  14. The Company reserves the right to terminate or implement service requests and/or service models.

VII. YOUR CONDUCT

  1. You will use the Services for lawful purposes and in compliance with applicable laws, and refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India.
  2. You will treat the Drivers with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their Vehicle.
  3. The Company is not responsible for the behavior, actions, or inactions of Drivers or quality of Vehicle which may be provided to you by the Drivers. Any contract for the provision of Vehicle and/or for the Services is exclusively between you and the Drivers and the Company is not a party to the same.
  4. By using the Platform, you acknowledge and agree that:
  5.     You will download Locome App for your sole, personal use and will not resell it to a third party;
  6.     You will not authorize others to use Your Account;
  7.      You will not assign or otherwise transfer Your Account to any other person or legal entity;
  8.     You will not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  9.     You will not use the Platform to cause nuisance, annoyance or inconvenience to either Company, Drivers or third parties;
  10.       You will not misuse the Platform or attempt to defraud either the Company, Drivers or third parties;
  11.     You will not interfere with the proper functioning of the Platform and you will not use any equipment, software, routines, information or other tools or technology, including viruses, Trojan horses, worms, Timers. Bombs or cancelbots designed to disrupt, disrupt or interfere with the operation or performance of the Platform or Services, disrupt or delete any system, data or information associated with the Services or hosted/provided on the Platform, or disrupt any other website or website. Internet Transactions;
  12.    You will not take any action that would cause unnecessary or significant loss of infrastructure related to the Platform or Services, including but not limited to denial of service attacks, “spamming” or other unsolicited technical overload;
  13.       You will not try to harm the Platform in any way whatsoever;
  14.       You will not copy or distribute the Platform or its contents without written permission from the Company;
  15.     You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Platform;
  16.       You will provide the Company with whatever proof of identity we may request;
  17.  You will only use an access point or at least a 3G, 4G or 5G data account access point which you are authorized to use;
  18.    You will not use the Platform with an incompatible or unauthorized Device;
  19.     You will not indulge in any fraudulent activities including, but not limited to intentionally falsifying Information, create dummy/duplicate accounts for fraudulent purposes, manipulate the settings on a phone/Device to prevent or impair the proper functioning of the Platform, abuse promotions and/or not use them for their intended purpose, dispute charges for fraudulent or illegitimate reasons, falsify documents, records, or other data for fraudulent purposes, or any other activity which is in contravention of applicable laws, is in violation of these Terms, or is not intended or permitted under these Terms; and
  20.     If you create more than one account per User, Locome has the right to terminate such accounts

5. In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:

  1. Belongs to another person and to which you do not have a right to such information;
  2. Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  3. Infringes any patent, trademark, copyright or any other proprietary rights;
  4. Harms minors in any way or is harmful to child;
  5. Any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
  6. Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
  7. Impersonates another person;
  8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  10. Is in the nature of an online game that is not verified as a permissible online game;
  11. Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
  12. Violates any law for the time being in force.

6. If you fail to comply with any of the requirements set out in these Terms, the Company has the right to immediately terminate your use of the Platform and not provide you with services.

VIII. COMMUNICATION AND NOTIFICATION

  1. You agree that the Company (directly or indirectly through its affiliates or third parties) may communicate with you about the Platform or Services by electronic means (for example, as a push notification) or by telephone, WhatsApp Messenger request, email or in writing through other modes. 
  2. All electronic communications will be deemed received within 24 hours after we send you a notification (e.g. via email, SMS or other online notifications on the WhatsApp messenger application). We will assume you receive notice within 3 business days of the date we send it.
  3. If you are a customer who registers on the Platform and shares your contact information with us, we may need to contact you about the Service and you consent to the rights of us and our agents and third party agents to contact you in any way. Communications such as calling, texting or emailing:
  4.     a mobile phone number or telephone number that you provide to us to contact us or where we believe we can contact you (even if it is not yours);
  5.     a mobile phone number or phone number that you provide to us or from which we believe we can contact you;
  6.      any email address associated with your account;
  7.     automatic dialing systems and automatic telephone dialing systems;
  8.     prerecorded or manual sounds Messages and other forms of communication.

4. Accuracy, readability, accuracy and timeliness of communications depend on many factors. Our Company is not responsible for incorrect delivery, late delivery or any interruption of communication.

IX. PAYMENT FOR SERVICES

  1. You must pay for the services you use using the online payment site provided by the platform or pay the driver. Once the license is obtained, the company collects the service fee on behalf of the driver and transfers the money back to the driver’s bank account registered with the company.
  2. The rates of the Services and any cancellation fee, if applicable, will be notified on the Platform.
  3. The Company may change or revise service fees from time to time in its sole discretion and it is always your responsibility to understand the service fees.
  4. You agree to pay all services and platform fees purchased by drivers via online payment or cash. If payment via online payment or other methods cannot be accepted, you must pay for the services you use in cash. You acknowledge and agree that the Company is in no way responsible for the payment of cash received from you directly to the captain.
  5. Before we can process UPI payments, we require bank verification and Virtual Payment address (“VPA”) verification, and you agree to such verifications. We use third-party service providers to perform these verifications.
  6. All payments are nonrefundable. At the end of the transportation service, we will help you receive a copy of the company invoice from your email account registered with the company.

X. DISCLAIMERS

  1. The information and advice provided to you on the website or platform is for general information purposes and does not constitute advice.
  2. The Company will keep the platform and its content reasonably accurate and up-to-date and provide you with uninterrupted access, but does not and does not warrant that the platform will be error-free, defect-free, free of malware and viruses. The content of the platform will be free from errors, defects, malware and viruses. The Company is not responsible for any financial or other damage or loss you may suffer due to any delay, malfunction, interruption or error in the operation of the Platform.
  3. The Company is not liable for any damages arising from the use or inability to use the Platform, including, but not limited to, damages resulting from failure or delay in the connection of electronic messages or interception or control of electronic communications by third parties. Parties or computers used for electronic communication and transmission.
  4. If you choose to access the Platform from a location outside India, you do so at your own risk and are solely responsible for compliance with local laws and regulations and regulations used in that location. The fact that you may access the Platform via the Internet from a country other than India should not mean that these Terms or the use of the Platform are governed by the laws of that country. We do not accept any responsibility or liability for any failure to comply with the laws of any country other than India.
  5. Platform Application Processing Delays (Deletions) Due to the nature of the Internet and other reasons, access to the Platform or Services may be unavailable, delayed, limited or delayed from time to time. Because:
  6.      Malfunction of server, network, hardware (such as your personal computer or mobile phone), telecommunications lines and connections, and other electronic equipment and systems;2. Software malfunction, including bugs, errors, viruses, problems, system, electronic or application incompatibility, operation of firewalls or filters, code reading error or inappropriate behavior in certain information or other content;
  7.     Capacity is too much;
  8.     Damages caused by severe weather conditions, earthquake, war, riot, violence, conflict, natural disaster, accident, fire, flood, explosion, mechanical failure or natural disaster;
  9.     Interruption (partial or total) of the use of electrical or other electronic equipment, strike or other work stoppage (partial or total);
  10.     Governmental or administrative restrictions, exchange orders, court or tribunal orders, or other human intervention; or
  11.     Other causes beyond Locome’s control (whether similar or different to those above).
  12.     The quality of transportation/transportation requested by using the Platform is solely the responsibility of the driver who ultimately provides these services to you and the Company does not bear the same responsibility. However, all complaints regarding transportation services and package services provided by drivers must be forwarded to the Company via e-mail as notified from time to time.
  13. The company makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services and/or the platform. the company does not represent or warrant that (a) use of the services and/or the platform will be secure, timely, uninterrupted or error free or used in conjunction with any other hardware, software, technology or equipment, (b) the services will be secure, timely, uninterrupted or error free. will meet your needs or expectations, (c) the information stored will be accurate or reliable, (d) the quality of the services and information you will receive from the platform will meet your needs or expectations, (e) errors or defects in the services and / or the content of the platform can be edited, or (f)the platform or the servers are free of viruses or other harmful material. this portal is provided to you strictly “as is”.

All conditions, representations and warranties, whether expressed, implied, statutory or otherwise, including but not limited to warranties of merchantability, security for a particular purpose or noninfringement of rights of others, are hereby excluded and disclaimed to the fullest and fullest extent. You agree that your use of the platform and/or services is at your sole risk and that you will have no liability to the company.

XI. INTELLECTUAL PROPERTY RIGHTS

  1. The Company owns and copyrights all rights to the platform or other digital media and its content. Its design, layout, text, images, graphics, audio, video, etc. Details about. The Website, Platform or other digital media contents contain trade secrets and intellectual property rights that are protected by copyright and other international laws. All title, ownership and intellectual property rights in the Platform and its content belong to the Company, excluding thirdparty content on the Platform and links to third-party websites.
  2. The term “intellectual property” means all intellectual property rights or similar rights, including: (i) patent rights and utility models, (ii) laws and instruments, including moral rights, (iii) commercial trademarks, trade names, registered names and trade dress and goodwill, (iv) trade secrets and (v) trade secrets; The above includes registration, application for registration and extension and extension of notification in any order in the world.
  3. All rights not granted under these Terms or by Company are hereby reserved. The information contained on this platform is for the personal use of readers only and readers are responsible for its use.
  4. The Company does not represent or warrant the accuracy or reliability of the information or advertisements or the quality or reliability of the products, information or other content contained, distributed, linked, downloaded or accessed through the services on this platform. Information submitted or obtained by you from products, information or other information appearing or obtained through advertising or other information or offers on or in connection with the Services.
  5. All images and related symbols are trademarks or service marks or trademarks of the Company in various jurisdictions and are protected by applicable laws, trademark copyrights and other copyrights. Unauthorized copying, modification, use or publication of these trademarks is strictly prohibited.
  6. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Platform on any mobile device owned or controlled by you and on any mobile device running copies of the Platform. For your personal use only.
  7. Customer Data: All right, title and interest of the Company and the Customer in and to: (i) data, (ii) other data that the User or users using the Product are permitted to have on the Platform (“Other Materials”), and (iii)) all of the above products proprietary rights belong to the User and are retained by the Customer. These documents and other information are collectively referred to as “Customer Information”. Customer grants Company a limited, non-exclusive, royalty free, worldwide license, and this license is nonexclusive, to use Customer Data and to take all reasonable actions in connection with Customer Data in order for Company to operate, maintain and improve the Platform or provide services to Users. Perpetual, irrevocable, worldwide, royalty free, full license to use, reproduce, modify and distribute other data as part of Aggregate Statistics (as defined below). Customer is solely responsible for the accuracy, quality, correctness, completeness, legality, reliability and suitability of all user information. Company agrees to access and use customer information only in accordance with the instructions in the Terms or Privacy Policy.
  8. Aggregate Statistics: Notwithstanding any other provision contained in these terms, the Company may monitor the use of the Platform and Services by Users (including Authorized Users) and use usage related data and information, such as aggregated and anonymous data and customer data. Statistical data and performance related provisions and performance of the Platform and Services (“Aggregate Statistics”). As between the Company and the Customer, all right, title and interest in and to the Aggregate Statistics and all intellectual property therein shall vest and be held solely by the Company. Customer acknowledges that the Company may collect statistics based on Customer and other Customer data entered into the Platform. Customer agrees that the Company may: (i) disclose aggregate information and (ii) use and provide such information and data in accordance with applicable laws and for the purposes of information collection, analysis, service development and marketing. I won’t tell the customer.
  9. You are not allowed to:
  1. License, sublicense, sell, resell, assign, assign, distribute or otherwise market or make available the Platform to third parties;
  2. Modify or create different devices according to platform;
  3. Create a network “connection” or “frame” or “mirror” an application on another server or wireless or Internet-based device; or
  4. Reverse engineer or access the platform to:
  5. Create or create competitive products or services,
  6. Create or create products using similar ideas, features, functions or graphics from the platform,
  7. Copy or copy any ideas, features, functionality or graphics of the Platform
  8. Automated programs or scripts, including but not limited to spiders, crawlers, robots, ants, indexers, bots, viruses or worms, or any other software that may cause multiple server requests per second or make the Services unduly burdensome or affect operation and/or functionality The platform to start everything.

XII. THIRD-PARTY LINKS

  1. While using the Platform, you can communicate with third party drivers, advertisers or sponsors, purchase products and/or services, or participate in the promotion and promotional activities of their products and/or services through the links on the Platform. These links will take you outside of the Platform and beyond the control of the Company. Therefore, you enter or access these websites at your own risk.
  2. Please note that these other websites may send users cookies, collect information, or request personal information; Therefore, you are advised to check the terms of use or privacy policies of these websites before using them.

XIII. EMERGENCY SOS

  1. The Company provides SOS functionality in the Locome App. In the event of a safety issue or other emergency, customers can call emergency services by pressing the “red” button on the Locome App. This is linked to Locome’s emergency response team and all incidents will be escalated and prioritized.
  2. In case of an emergency, customers can immediately call an ambulance through the Locome app and share the above information with trusted customers/emergency contacts provided to Locome.
  3. You agree not to abuse the Emergency/SOS feature and to use it only in emergencies. If you abuse SOS, you will be punished/prosecuted according to the law and/or Locome’s internal rules.

XIV. TERM AND TERMINATION

  1. These Terms are a contract between the Company and you that will last indefinitely. You have the right to terminate the contract between you and the Company at any time by deleting your account from the platform.
  2. The Company reserves the right to terminate your access to the platform and/or services at any time with immediate effect (prohibiting your use of the platform and services) if: (a) you breach or violate any of these Terms, (b) the Company terminates your use of the Platform or Services. or (c) has reason to believe that the account is being used fraudulently.
  3. The Company does not have any warranty prior to termination. Upon completion, the Company will issue a notice in accordance with these Terms.
  4. Neither party hereto shall be liable for any delay or failure resulting from any act beyond its reasonable control and without its fault or negligence. Any delays or failures may be caused by strikes, lockouts, walkouts, accidents, floods, storms, natural disasters and similar events.
  5. In addition to the right to terminate or suspend access to your account and/or services, Company reserves the right, in its sole discretion, to file a lawsuit if Company violates these Terms, the Privacy Policy, or any applicable law. If you believe that your actions relate to fraud or abuse of the Platform or cause harm to the company or other users, the captain or other third parties involved, your actions are for you.
  6. The Company’s failure to express or require your strict compliance with these terms does not mean that the Company has waived its rights.

XV. INDEMNITY AND LIMITATION OF LIABILITY

  1. You will, at your expense, defend, indemnify and hold harmless the Company, its affiliates, licensors, and their officers, directors, agents and employees from and against all claims, losses, liabilities, damages, expenses and costs. (i) your use or misuse of the Platform or Services; (ii) claims of third parties arising from or relating to your use of the Platform or Services.
  2. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter you owe to Company, including the right to compromise, and You agree to cooperate with Company in any Defense. Upon becoming aware of any request, order or action by a third party subject to Customer’s purchase, Company will use its best efforts, at its own expense, to notify you and retain separate counsel to protect and participate in the defense of Customer’s client. However, the company reserves the right to control the defense and settlement.
  3. In no event will the company be liable for any indirect, punitive, incidental, special or consequential loss or damage of any kind, whether in contract, tort, negligence, liability or otherwise, even if expressly stated.
  4. Regardless of the necessary time period required to receive school aid in accordance with the school law, any warranties or other amounts exceed inr. 1000/-.

XVI.    GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

  1. These Terms will be governed by and interpreted in all respects in accordance with the laws of the Republic of India and the local laws of the state of Madhya Pradesh (India).
  2. Subject to the provisions made in Clause XVI (3), the Parties hereby submit to the exclusive jurisdiction of the courts of Bhopal, Madhya Pradesh, India.
  3. All disputes arising out of or in relation to these Terms will be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of fifteen (30) days from the date of first initiation of the dispute by one party to the other, the parties will resolve the dispute by means of proceeding in the District and Sessions Court at Bhopal (M.P.).

XVII.   ASSIGNMENT

You may not assign your rights under these Terms without the prior written approval of the Company.

XVIII.    SEVERABILITY

If any provision or part of a provision of these Terms is deemed invalid, unenforceable or prohibited by the applicable laws of the Republic of India or the local laws of the State of Madhya Pradesh, then the provision or part of the provision shall be deemed severable by the Terms and Conditions or part thereof. and the content thereof or any part thereof shall be void and shall not form part of any transaction between you and the Company, and the remainder of these Terms shall be and shall be valid and binding, and notwithstanding this rule does not exist herein.

XIX.    CHANGES TO THESE TERMS

The Company may change the terms from time to time. If the Company makes any changes to the Terms that it considers material, the Company will use reasonable efforts to notify you of these changes, but it is your responsibility to check the Platform Terms from time to time to see if they have been changed. Any revisions to these Terms will replace the current version and the revised version will become effective immediately upon its posting on the Platform. Continued use of the Platform after notification of a modified or updated version of the Platform will be confirmed by the above modification.

XX.    NOTICES

The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account, or by written communication sent by regular mail to your address on record in Company’s account or through post at its registered postal address

XXI.   CUSTOMER CARE AND GRIEVANCE REDRESSAL

Any opinions, issues, or suggestion regarding the Platform and / or Services can be provided / resolved by reaching out to the customer care number or email mentioned below:

Customer Care details: support@locome.in

Please note, concerns pertaining to a specific Service Request or a Drivers may be reported not beyond 24 hours from when the Services were availed. In case the issue or grievance is criminal in nature, the complaint may be filed within 72 hours of the event / availing the Service.