Customer's Terms and Conditions.
This agreement is between KRISP Hospitality Private Limited (the “Company”, “we”). A company incorporated under the company act 1956. Having its registered office at Office No.102, Sai Empire, Near ICICI Bank above Great Punjab Hotel, Baner Road, Pune-411045.
Party of first part.
The mobile application users i.e. the passenger who are to use the service by use of mobile application Party of second part.
Third party service provider i.e. the Driver or owner of the cab who provide third party service. Party of the third part.
a) "Account" shall mean the account created by the Customer on the Application for availing the Services provided by Krisp Cabs.
b) "Additional Fee" shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare but payable to any third party / government authorities for undertaking the Ride under Applicable Law
c) "Application" shall mean the mobile application "Krisp" updated by Krisp Cabs from time to time.
d) "Cancellation Fee" shall mean the fare and Convenience Fee payable towards cancellation of a Ride by a Customer. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
e) "Customer/ You/ Your" means a person who has an Account on the Application.
f) "Driver" shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services.
g) "Fare" shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any.
h) "E-Wallet" shall mean a pre-paid instrument, which can be used to make payments
i) "Ride" shall mean the travel in the Vehicle by the Customer facilitated through the Site.
j) "Krisp Cabs" or "us" or "we" or "our" shall mean Krisp Hospitality Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office at Sai Empire, Office No. 102, 2nd floor, 182/1/2, Above Great Punjab Hotel, Near ICICI Bank, Baner Pune – 411045. 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.
k) "Service(s)" means the facilitation of transportation service by Krisp through the Application or via a telephone request at the Call Centre of Krisp, or booking on the Site, within the City of Operation
2. Description of the Services: KRISP provides the KRISP -App application for internet-enabled portable devices (“Smartphones”) via which users can access and order cabs services in various locations, subject to availability at the location of the user. All use of the Services is subject to these Terms. The Services are offered to you are paid service, The term “Paid” does not in any way affect your obligation to pay the fare for any cab transportation services ordered via the Service but refers only to your use of the Service in order to obtain such transportation services. Depending on your location and applicable law and/or regulations, KRISP may also offer you the possibility of paying your cab fare electronically via the KRISP -App installed on your Smartphone. Separate terms and conditions, which follow these Terms, apply to KRISP Payment transactions.
3. Disclaimer: KRISP DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER OR CABS COMPANY. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE ORDERED AND SCHEDULED THROUGH USE OF THE KRISP -APP. KRISP OFFERS INFORMATION AND A METHOD TO OBTAIN CABS FOR TRANSPORTATION. KRISP HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY CABS DRIVERS AND/OR CABS COMPANIES. CABS DRIVERS THAT USE THE SERVICE AND THE KRISP -APP TO OBTAIN FARES ARE NOT EMPLOYEES, AGENTS OR AFFILIATES OF KRISP. KRISP TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF CABS DRIVERS WHO USE THE KRISP -APP. THE QUALITY OF THE TRANSPORTATION SERVICES ORDERED THROUGH THE USE OF THE SERVICES AND THE KRISP -APP IS ENTIRELY THE RESPONSIBILITY OF THE CABS DRIVER OR CABS COMPANY PROVIDING SUCH TRANSPORTATION SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE, THEREFORE, THAT BY USING THE KRISP -APP YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
Booking: If a booking request is accepted by a Provider, You will receive a confirmation via e-mail, SMS or other notification systems at your registered e-mail address or phone. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is any incorrect detail then you will correct it / update it through application.
You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation SMS or email or failure to inform Krisp Cabs of the incorrect details immediately.
7. Third Party Sites and Services: The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under KRISP's control, and you acknowledge that KRISP is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by KRISP or any association with its operators. You further acknowledge and agree that KRISP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
9. Warranty Disclaimer: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KRISP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. KRISP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY AND SECURE OR ERROR FREE. KRISP, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification: You shall defend, indemnify, and hold harmless KRISP, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of KRISP). KRISP reserves the right to assume the exclusive defences and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with KRISP in asserting any available defences.
11. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED UNDER LAW, KRISP WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO THE SERVICES, EVEN IF KRISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KRISP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
KRISP reasonably believes is necessary to
(i) Satisfy any applicable law, regulation, legal process or governmental request,
(ii) Enforce these Terms, including investigation of potential violations hereof
(iii) Detect, prevent, or otherwise address fraud, security or technical issues,
(iv) Respond to user support requests, or
(v) Protect the rights, property or safety of KRISP, its users and the public.
13. Evaluations As part of the Service: You may evaluate the driver and the condition of the Cab you ordered through the Service. You agree that all such evaluations will be objective and fair. You acknowledge and agree that your evaluations may be published on the KRISP-App and that such evaluations may be accessible to other users of the Services. To the fullest extent permitted by applicable law or regulation, you hereby waive any and all intellectual property and privacy rights you may have with respect to the publication of your evaluations.
14. Responsibility for Contents: The sole responsibility for the content published and transmitted in the KRISP-App or on the Site lies with the person or persons publishing the same. All such content shall comply with legal and statutory requirements and in accordance with the requirements of decorum and objectivity. If any publications breach the above-mentioned regulations, KRISP shall be authorized to delete same immediately.
17. Copyrighted Material, Application and Trademark Information: KRISP’s product names, service names, slogans or logos referenced on KRISP’s websites and/or in the KRISP-App are trademarks or registered trademarks of KRISP. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners. All of the information, content, and materials offered by KRISP are protected by copyright and other applicable laws of the United States and other countries. Drivers may not copy, publicly display, modify or distribute such material without KRISP’s or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon. All right, title and interest in and to the KRISP-App and the Services is and will remain the exclusive property of KRISP and its licensors. The Application is protected by copyright, trademark and other laws of India.
18. Relationship of the Parties: KRISP and you are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.
19. Miscellaneous Severability: If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. Amendments. KRISP reserves the right to change these Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Service after KRISP makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at https://krispindia.in or in the Application itself on the Terminal Device. Entirety. This agreement shall constitute the complete and exclusive agreement between KRISP and the Driver. The use of the KRISP-App is expressly made conditional on the Driver’s your consent to these Terms. No Waiver. The failure of KRISP to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Force Majeure. Neither party shall be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.
20. You may contact KRISP at the following address: firstname.lastname@example.org Terms and Conditions for https://krispindia.in™ Preamble
21. Following payment terms and conditions (the “Payment Terms”): The “Payment Terms” Apply in addition to the General Terms and Conditions (the “Terms”) separately agreed between the parties. In case of a conflict between these Terms and the Terms, the provisions of these Terms shall prevail. Defined terms used in these Payment Terms have the same meanings assigned to them in the Terms.
a) Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Drive.
b) E-Wallet payment: Krisp Cabs offers you the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Krisp Cabs engages for the purpose. Krisp Cabs will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E-Wallet payments, all Additional Fee shall have to be paid by you in cash, to the authority or person concerned or if already paid by the Driver, to the Driver.
c) Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services, authorized by Krisp Cabs. Such payment gateway may either be Krisp Cabs or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the payment gateway for the successful completion of payment towards Total Ride Fee to Krisp Cabs. In this respect, it is clarified that all payment gateway’s whose services are utilized for the Krisp Cabs of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization further permits the payment gateway to use Your Card Details for the processing of transactions initiated by you at any of Krisp Cab’s affiliates. In the event you delete Your Card Details with the payment gateway or if you delete Your Account, the payment gateway will not process any further transactions initiated by you at the Site or Application and at the sites of any of Krisp Cab’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the payment gateway.
Krisp cabs shall not be responsible for any payment related issue due to an internet connection or network issues.
Insurance: The Company isn't insured for loss or damage sustained during the ride and you are responsible to unsure goods, for any loss or damage, for the trip.
Cancellation of ride: Cancellation can be done through app by login to the customer app by clicking on cancel request. In case if application is not working in that situation you can contact us.
In Micro/Mini/Prime/Sedan/SUV/Luxury/Rental and outstation categories, Cancellation Fee will be charged
• If you cancel after 5 minutes after the cab is allotted or
• If a driver cancels after waiting at your location for more than 15 minutes
• Notwithstanding the foregoing, if the Driver is delayed by more than five (10) minutes to pick You, You will not be charged any Cancellation Fee.
The mode of payment of the Cancellation Fee shall be in (terms of cash /card/ net banking)
The Cancellation Fee shall be payable by you at the completion of ride/next ride/wallet
• Peak hour charges: Krisp Cabs applies an X multiplier or flat surcharge to the normal fare based on various situations and scenarios like place of pickup, time of pickup, type of vehicle, demand situation, supply scenario etc. This enables customers to get their much needed service even during peak times when demand for cabs is high.
• Refund policy :
The refunds will be made by online transfer only and not by cash.
The amount will be refunded approximately within 7 business days (Amount will be refunded based on the Specific Situations).
22. Miscellaneous Severability: If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Payment Terms will continue in effect. Amendments. KRISP reserves the right to change these Payment Terms from time to time. Please refer to the KRISP website periodically for any changes. By continuing to access or use the Service after KRISP makes any such changes, you agree to be bound by the revised Payment Terms. The general terms and conditions may be consulted at any time online at https://krispindia.in or in the Application itself on the Terminal Device. Entirety. This agreement shall constitute the complete and exclusive agreement between KRISP and you. The use of the KRISP-App in connection with Https://krispindia.in is expressly made conditional on your consent to these Payment Terms. No Waiver. The failure of KRISP to enforce any right or provision of these Payment Terms will not be deemed a waiver of such right or provision.
KRISP attaches great importance to the protection of their user’s personal data. All personal information (title, name, address, e-mail address, telephone number, and locations) submitted by users is collected, stored, and processed exclusively in accordance with the country-specific legal provisions concerning data protection.
24. Server log files: For technical reasons, each time you access the Website, KRISP or its web-space provider collects the
• Name of the Website accessed
• Browser type and operating system used
• Page previously visited
• IP address
This data is stored for prosecution purposes in the event of illegal activities, and may also be used for statistical analyses for the optimization of our Website.
Cookies are small text files that enable the recognition of a specific device. They are primarily used to optimize ease-of-use and our Website’s offering. Users can delete cookies in their browser settings and prevent their storage in the future; however, they may not be able to use the full functionality of KRISP
b) Online Booking
KRISP Website offers its users the option of contacting KRISP via e-mail (optionally via a contact form), telephone, or similar. In this case, information provided by the user is stored for the further processing of queries. This information is not passed on to third parties.
KRISP Website incorporates a blog, on which users can post their comments. For our security, we save the IP addresses of any users posting comments, in order to identify the author in the event of inappropriate comments. This is in the interest of KRISP, since the company itself may be held responsible for any such comments.
e) Third-party Offers
Third-party offers (e.g. YouTube videos) may be included on KRISP Website, whereby the user’s IP address will be transmitted to the third-party provider for technical reasons. We have no influence over how third-party providers store this data. Clarification can be provided only where KRISP has this information itself.
f) Disclosure, Revocation, and Deletion
The user has the right to receive free of charge any information about the collection, processing, or use of personal data that is stored about them, and to request the correction, blocking, or deletion of this data, insofar as there is no legal obligation to retain such data.
(As of July 2014)
Terms and Conditions for KRISP Payment™
The following terms and conditions (the “Payment Terms”) apply in addition to the General Terms and Conditions (the “Terms”) separately agreed between the parties. In case of a conflict between these Terms and the Terms, the provisions of these Terms shall prevail.
Defined terms used in these Payment Terms have the same meanings assigned to them in the Terms.
KRISP offers you the possibility of settling certain fares procured via the Service via direct electronic payment. A precondition to use KRISP Payment is that the cabs driver has also agreed to participate in the KRISP Payment service. Payment may be made via the KRISP-App per electronic direct debit system, credit card charge, PayPal or other payment methods (collectively hereinafter "KRISP Payment").
ii) Subject Matter
Subject of these Payment Terms is the performance of transportation services via cabs and electronic payments via KRISP Payments, assuming that you have chosen to pay for the fare via KRISP Payment at the time you placed the order for transportation services by cabs via the KRISP-App. Any cabs transportation that is paid for via KRISP Payments is hereinafter referred to as a “KRISP Payment Ride.”
In order to use KRISP Payment, you must choose an individual identification code (PIN) at the time you register for KRISP Payment via the Site or the KRISP-App.
When registering, you shall determine the manner by which payment shall be made. Available payment methods are direct debit, credit/debit card and/or PayPal. The choice of payment method may be changed at any time by you via the Site or the KRISP-App. In the event you have provided KRISP with several alternative payment methods, you will be able to choose which payment method you wish to use for each KRISP Payment Ride prior to authorizing payment.
KRISP reserves the right to offer different payment methods or stop offering any payment method at any time for any reason or for no reason.
When relaying a transportation request, KRISP informs participating cabs drivers that the request is for a KRISP Payment ride. Cabs drivers who do not participate in KRISP Payment will not be eligible to accept requests for KRISP Payment Rides.
25. Term and Termination: This Agreement shall commence upon acceptance your application to participate in KRISP Payment and shall be remain in effect indefinitely until terminated in accordance with the provisions.
The agreement may by either party at any time, with or without reasons by written notice.
After termination of this Agreement, you shall no longer be able to order KRISP Payment Rides. However, you will still be able to order cabs via the KRISP-App, for which payment is then made directly to the cabs driver. Notwithstanding the termination of this agreement, all unsettled claims for payment you authorized will be paid out to the cabs driver or Cabs Company that provided you with any KRISP Payment Ride prior to termination
26. Limitation of Liability: For purposes of this Section, "KRISP" shall include KRISP and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, KRISP WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO THE CABS DRIVER/CABS COMPANY’S OR ANY DRIVER’S USE OF THE MY CABS PAYMENT SERVICES, EVEN IF KRISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES THE CABS DRIVER/CABS COMPANY SPECIFIC LEGAL RIGHTS, AND THE CABS DRIVER/CABS COMPANY MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
27. Relationship of the Parties: KRISP and Cabs Driver/Cabs Company are independent contracting parties and nothing in these Payment Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.
28. Severability: If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Payment Terms will continue in effect.
29. Amendments: KRISP reserves the right to change these Payment Terms from time to time. Please refer to the KRISP website periodically for any changes. By continuing to access or use the Service after KRISP makes any such changes, you agree to be bound by the revised Payment Terms. The general terms and conditions may be consulted at any time online at https://krispindia.in or in the Application itself on the Terminal Device.