AGREEMENT FOR USE OF APPLICATION OF “KABBY” FOR SERVICES RENDERED BY “KABBY”

TERMS & CONDITIONS

Welcome to Kabby,operated by Blaze Management Services Private Limited. These User Terms apply to your use of our site, application, and services, whether you are a driver,cab owner, or customer. This document serves as an electronic record under the Information Technology Act, 2000, and related rules and statutes. By using Kabby's services or clicking "I ACCEPT," you are agreeing to be bound by these User Terms.

If you do not agree to these terms, please refrain from using our site or services. Your acceptance of these User Terms establishes a binding agreement between you and Kabby. Your access and use of our services create a contractual relationship with us. These terms supersede any prior agreements and may be terminated by Kabby at any time for any reason.

Certain services may have additional terms, such as event policies or promotions, which will be disclosed to you when applicable. These supplemental terms are considered part of the overall terms for those specific services.

By accepting the user terms, you are also consenting to the privacy policy located at www.Kabby.in. Further more, by agreeing to these terms, you are authorizing Kabby to send you promotional emails, WhatsApp messages, and SMS alerts on a regular basis. Please be aware that these user terms are applicable to all approved users who reserve cabs through Kabby, including customers who utilize third-party providers for transportation between locations.

SERVICES

The Services provided by KABBY encompass a cutting-edge technology platform that empowers users of our mobile applications or websites to easily arrange and schedule transportation services with independent third-party providers, all under agreement with Kabby (“Third-party Service Providers”). It is important to note that Kabby does not directly provide transportation services; rather, all transportation is carried out by independent third-party contractors who are not affiliated with Blaze Management Services, Kabby, or any of its affiliates.

CUSTOMER GUIDELINES

 i. To access Kabby's Services, customers must create a single account on the application.

ii. Accuracy in providing pick-upand drop-off addresses is essential for customers.

iii. Customers are responsible for their luggage and belongings. Kabby assists in finding and booking rides based on customer needs. Customers are not allowed to carry any illegal or dangerous items.

iv. Customers are urged to avoid abusive behavior,fighting, or arguing with drivers. In case of a dispute, customers should contact Kabby customer care for help.

v. Customers are expected to pay the total fare displayed on the mobile application at the conclusion of each ride. The total fare will encompass charges quoted by the driver, parking fees (if applicable), pre-wait charges (if applicable),third-party charges such as insurance premiums (if applicable), past dues (ifany), and applicable taxes. Should any disputes arise, customers are encouraged to contact Kabby for resolution.

Fares may fluctuate based on various market dynamics, including fuel costs, inflation, cost of living, vehicle maintenance expenses, interest rates, demand and supply conditions, toll tax increases, and other factors.

“Additional Fee” refers to any tolls, duties, inter-state taxes, etc., that may have been incurred during the provision of services and are payable to third parties or government authorities in accordance with applicable laws.

vi. Customers are kindly requested to refrain from smoking or consuming alcohol in the vehicle. Many of our vehicles run on CNG, which can pose a serious risk to the safety of both the customer and the driver. However, if necessary, drivers can be asked to make a brief stop to accommodate such needs.

vii. We kindly ask customers to provide ratings for both the vehicle and the driver, as per government guidelines. Your feedback is essential for us to improve our services and better serve you.

viii. Customers are required to report any issues within 2 days of their occurrence. Failure to do so may result in the issue not being addressed. Reports can only be made through the Kabby app, website, or email, and responses will be provided within 2 working days. Please note that issues are prioritized based on severity.

ix. Please refrain from littering by disposing of wrappers, plastic bags, tissues, fruit peels, and leftover food properly during halts or at the end of the ride.

x. To ensure thewell-being of our drivers, there will be a 20-minute break midway after every 2hours of driving or 100 kilometers. These breaks will include time for refueling and meals.

xi. In accordance with government regulations, we ask customers not to pressure drivers to exceed the speed limit. All drivers will adhere to prescribed speed limits for everyone's safety.

xii. Our inspection team may conduct vehicle and driver inspections midway through the journey. Please do not hesitate to approach them if you encounter any issues.

xiii. GPS monitoring is installed in all vehicles to enhance safety measures. Customers are advised to use the SOS switch on the app in case of an emergency. Our control room will immediately respond by reaching out to the driver, the nearest police station, and third-party security providers to ensure you get the help you need. Your details, including name, mobile number, location, andother pertinent information, will be shared with the relevant authorities via Kabby.

xiv. Customers are kindly asked to share their location for safety purposes.

xv. Eligibility: To be eligible to use our services, you must meet the following criteria:
      a) You must be at least 18 years of age.
      b) You must be legally capable of entering into a contract under the applicable laws.

xvi. Each customer is permitted to create only one account. It is crucial to input accurate and valid information during registration, as all data will be securely stored on servers in India. You are responsible for safe guarding the confidentiality of your registration data and will be accountable for any activities or transactions carried out through your account, whether by you ora third party. Your account cannot be transferred, assigned, or sold to another party. We are not liable for any losses incurred due to unauthorized access to your account.

xvii. We retain the right to immediately and indefinitely suspendor terminate your account if we suspect that the information provided during registration is inaccurate or false, if the security of your account has been compromised, or for any other valid reason.

xviii. Account Access: In case you encounter issues accessing your account, kindly inform usat support@kabyy.in by sending a written request to block your account. We will not be accountable for any unauthorized transactions made on your account within 72 hours of submitting a written request to block it. Furthermore, we will not be held responsible in the event of a Force Majeure.

xix. Force Majeure: We are not responsible for any failure to meet obligations in these user terms if it is caused by a Force Majeure event. Our responsibilities will be put on hold during this event. Indemnification: By agreeing to these user terms and using our service, you agree to protect and hold Kabby, its affiliates, licensors, officers, directors, other users, employees, attorneys, and agents harmless from any claims, costs, damages, losses, liabilities, and expenses (including legal fees).

xx. Liability: The information, recommendations, and services provided to you on or through the site, the application, and Kabby call center are intended for general information purposes only and should not be considered as advice. While Kabby will make reasonable efforts to ensure the accuracy and currency of the siteand its contents, we cannot guarantee that the site is free from errors, defects, malware, viruses, or that it is completely accurate and up to date.

Kabby shall not be held liable for any direct, indirect, punitive, incidental, special, orconsequential damages, regardless of whether they are based on contract, tort, negligence, strict liability, or any other legal theory, even if Kabby has been made aware of the possibility of such damages.

Furthermore, to the fullest extent permitted by applicable law, Kabby's total liability arising from these user terms or the services provided under them, whether in contract,tort (including negligence, product liability, or any other theory), warranty,or otherwise, shall not exceed the amount of Rs. 1000/- (Rupees One Thousandonly).

If you have any unresolved queries or complaints, or if you have not received a satisfactory response from our 24x7 support team, you have the option to escalate the matter to our Grievance Officer. You can do so by sharing the details of the complaint ticket created with the following information:

Grievance Officer:
Name: Mr. Pankaj
Location: D-159, Industrial Area, Phase – VIII, Sector – 73, S.A.S. Nagar,Mohali, Punjab - 160071
Email: support@kabby.in
Phone: 8288834464

Please feel free to reach out to our Grievance Officer if you require further assistance or if you feel that your concerns have not been adequately addressed. Your satisfaction is our top priority, and we are committed to resolving any issues you may have in a timely and efficient manner.

Applicable Law and Dispute Resolution

These user terms are governed by the laws of India. In the event of any dispute, claim, or controversy arising from these user terms, the parties involved will strive toresolve the issue amicably through negotiation and consultation at Kabby's designated offices. If a resolution is not reached after at least 30 days of good faith negotiation, the matter will be subject to binding arbitration inaccordance with the Arbitration and Conciliation Act, 1996, or any applicablelaw at the time.

The arbitration will be conducted by a sole arbitrator mutually agreed upon by Kabby and the user. The location of the arbitration will be Mohali, Punjab, unless otherwise agreed upon in writing. Any disputes not resolved through arbitration will be under the exclusive jurisdiction of the courts in Mohali, Punjab, India.

Privacy Policy(Blaze Management Services Private Limited, Kabby) Blaze Management Services Private Limited, also known as the “Company”, “We”, “Kabby”, or “Us”, places a high priority on protecting your privacy. Our privacy policy details how wegather, handle, utilize, share, and safeguard information about you. It also offers instructions on how you can access and modify your information, as well as make decisions about how your information is used. This policy pertains to both our online activities, which include web and mobile services like www.kabby.in or mobile applications accessed through personal computers, mobile devices, or other methods.

The company offers both "Online" and "Offline" activities, including data collection via mailings, telephone, or in-person interactions. These activities involve providing taxi hire services through a network of third-party drivers and operators, collectively known as the "Services". Additionally, this privacy policy applies to interactive features or downloads that:

(i) are owned or controlled by us;

(ii) can be accessed through Kabby'sservices; or

(iii) interact with the services and include or display thisprivacy policy.

By agreeing to the customer terms and conditions, you are also agreeing to the terms outlined in this privacy policy. It is important to carefully review the following information to fully understand our privacy practices. If you do not agree with this policy, please refrain from accepting the customer terms andconditions or utilizing our services. This privacy policy is an integral part of the customer terms and conditions. Should you have any questions regarding this policy, please do not hesitate to contact us via the email address provided on our website and/or mobile application.

FOR THIRD PARTY SERVICE PROVIDERS AND DRIVERS

Registration and Account: Registration on Kabby site is free of any charges.

SERVICES

I. Kabby's service enables customers to request rides from drivers in the Kabby network. Drivers can choose to accept or decline requests as they see fit. Once a driver accepts arequest, Kabby will notify the customer with the driver's information, including name, vehicle details, contact information, fare, and any otherrelevant details.

II. Kabby will do their best to match customers with available drivers.

III. Customers must abstain from smoking, drinking alcohol,or using any intoxicating substances while inside the vehicle. Drivers must follow the specified speed limits set by the law.

IV. If a traffic violation occurs, such as speeding or illegal parking, the driver or third-party service provider is solely responsible for any fines or actions taken by law enforcement agencies (such as traffic police). Kabby will not be responsible for any incidents or situations of this nature.

V. The driver, as a third-party service provider, is responsible for checking for any remaining luggage left by the customer. If any luggage is found, the driver will promptly return it to the customer.

VI. It isimportant to take a 20-minute break midway through the journey after every 2 hours of driving or 100 kilometres. These breaks can be used for refueling and meals.

VII. It is imperative to maintain professionalism at all times and avoid engaging in arguments or abusive behavior with customers. In the event of a dispute, please contact Kabby customer care for assistance.

VIII. The vehicle will be inspected by Kabby inspectors midway through the journey. Your cooperation during this inspection is greatly appreciated.

IX. In the unfortunate event of an accident, whether voluntary or involuntary, the driver must immediately contact the nearest police control room or station and Kabby control room. The driver must comply with any instructions given by law enforcement agencies. Any financial consequences resulting from the accident will be the responsibility of the driver, as the third-party service provider.  

X. The waiting fee is Rs. 100.00 per hour, and any additional hours will be charged accordingly.

XI. Drivers should only pay the convenience fee charges to Kabby if the customer pays in cash after the ride.

XII. Drivers can ask for the latest convenience fee chart from Kabby, which is also accessible on the Kabby app. Please be aware that the terms and conditions mentioned above may be revised. It is crucial for everyone to stay informed about any potential changes. 

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