Terms and Conditions

The Yatri Applications/ Services is/are operated /provided by the Juspay Technologies Private Limited on behalf of Kochi Metropolitan Transport Authority.

These terms and conditions (“User Terms”) apply to Your visit to and use of the applications through a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on the Service and the Applications. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the ‘Next” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE APPLICATIONS. If You do not accept any of the User Terms, then please do not use the Applications or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY. IN RESPECT OF THE USE AND SERVICES OF THE APPLICATIONS.

1. ELIGIBILITY
You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.

If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.

2. REGISTRATION AND ACCOUNT
You understand and acknowledge that You can register on the Application only after complying with the requirements of this Clause 2 and by entering Your Registration Data.

You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

Except for the Registration Data or any other data submitted by You during the use of any other service offered through Applications (“Permitted Information”), JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY does not want You to, and You should not, send any confidential or proprietary information to JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY on the Applications or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY other than the Permitted Information will not be considered confidential or proprietary.

It is Your responsibility to check to ensure that You download the correct applications for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.

We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at [email protected]141.cloudwaysapps.com. In case, You are unable to access Your Account, please inform Us at [email protected] and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

3. SERVICES
The Applications permit you to connect with the transportation services offered by Transport Service Providers (TSPs). The Service allows You to send a request through Yatri to TSPs on the Kochi Open Mobility network. The TSPs have sole and complete discretion to accept or reject each request for Service. If the TSP accepts a request, DRMS notifies You and provides information regarding the Driver – including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY may determine.

Yatri shall procure reasonable efforts to bring You into contact with TSPs, subject to the availability of TSPs in or around Your location at the moment of Your request for such services.

By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Application or our network in any way whatsoever; (v) You will provide JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY with such information and documents which JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY may reasonably request; (vi) You will comply with all Applicable Laws from Your country of domicile and residence and the country, state and/or city in which You are present while using the Applications or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.

JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.

4. CONFIRMATION OF BOOKING
You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the booking confirmation SMS or notification or failure to inform the incorrect details immediately.

5. PAYMENT
TSP shall charge Fare to You for the Ride offered to You by the TSP as quoted in the application.
All applicable taxes shall be borne and payable by You to the TSP as quoted in the application.

6. DISCLAIMER
You agree that Yatri is merely an electronic platform to connect you with the TSPs and does not in any manner provide transportation services. Yatri does not endorse, advertise, advise or recommend You to avail the Services of any TSP. Your use of the application is at Your own risk.

7. FORCE MAJEURE
JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

8. MODIFICATION OF THE SERVICE AND USER TERMS
JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Applications at any time.

JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Applications. You are requested to regularly visit the Application to view the most current User Terms. You can determine when JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITYlast modified the User Terms by referring to the “Updated on” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Your continued use of the Applications, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Applications and the Services is subject to the most current version of the User Terms made available on the Applications at the time of such use.

9. INDEMNITY
You agree to defend, indemnify and hold harmless JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY, its affiliates authorized representatives, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the services on the application; (ii) Your violation of any term of these Terms of Use and/or the Privacy Policy; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right basis the user material; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms of use and Your use of the service on the application.

JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY, its affiliates, authorised representatives, officers, directors, employees and agents are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to You in any manner whatsoever, in relation to the application and/or availing any services on the application.

10. LIMITATION OF LIABILITY
In no case shall JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors or authorised representatives be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the services or any content or material thereof, including, but not limited to, any errors or omissions in any content or material, or any loss or damage of any kind incurred as a result of the use of the services or any content or material thereof, even if advised of their possibility. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, JUSPAY TECHNOLOGIES PRIVATE LIMITED’s / KOCHI METROPOLITAN TRANSPORT AUTHORITY’s liability shall be limited to the extent permitted by law.

JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY does not warrant that the product description or other content of this application is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

11. GOVERNING LAW
You shall comply with the laws of India and/or any laws that may apply to you.
Notwithstanding the conflict of laws principle, the Terms of Use shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the use of the application and/or availing the services on the application shall be referred to a Sole Arbitrator appointed by JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Cochin. All the costs, charges, and expenses in connection to the Arbitration shall be solely borne by you.

Subject to above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts of Cochin, India. Notwithstanding, the foregoing, You agree that JUSPAY TECHNOLOGIES PRIVATE LIMITED / KOCHI METROPOLITAN TRANSPORT AUTHORITY has the right to bring any proceedings before any court/ forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.