TERMS AND CONDITIONS

Effective date: March 10th 2018

SELF DRIVE

- It is customer's responsibility to inspect the vehicle and report/record damages at the time of taking the delivery of the Car. Any complaints later on will not be entertained
- If you have opted for Delivery of the Car to your location please call 8884023355 to coordinate
- Prices are calculated based on the destination discussed at the time of booking. Any changes need to be shared with us and it might impact the prices and other RTO regulations.
- Per day 150Kms is allowed and additional Kms are at extra cost
- Maximum speed allowed is 120Kms/Hr Over speeding may result in a penalty of Rs.1500
- No Alcohol, Drinking or Smoking Allowed inside our Luxury Fleet. If not returned in a clean condition, cleaning charges will be Rs.1000
- All local Taxes, Tolls, Parking Tickets, Traffic Violations are paid by the customer. Any serious traffic violations may attract a fine of Rs.2000 for jeopardising the public safety
- All Rides are Full Tank to Full Tank. Fuel at Actuals will be charged if not on return including a Rs.500 as an additional charge
- Any damages related expenses will be completely borne by the customer at the time of return. It will be either deducted from the deposit or will be billed after the trip
- Complete Address where the car will be parked (Street side parking is not allowed and will be detected by our GPS System and may attract penalties)
- Send your DL and Adhaar copies by email to us before the date of journey
- We charge small fee each way for Pick up and Delivery of the Cars. Please let us know in advance if you wish to avail. otherwise you will have to do by yourself at our nearest Garage Location

CHAUFFEUR DRIVEN CARS

- All Tolls, Taxes and Parking Fee are borne by the customer
- All distance and time are calculated from Garage to Garage
- Any damages to the vehicle either temporary or permanent, done by the customer will be fully reimbursed by the customer to the extent that the vehicle is fully back up in to operation
- Prices are calculated based on the destination discussed at the time of booking. Any changes need to be shared with us and it might impact the prices and other RTO regulations
- Influencing the driver to drive rash or abusing our chauffeurs in anyway is strictly prohibited. All complaints must be directed to HYPE at any point in time before, during or after the journey
- Adding more passengers than the legal limit is strictly not allowed and the vehicle will return in such cases without any refund
- our chauffeurs will have to full authority to deny boarding to customer in case of any alcohol, food and drink or any other potential hazards to the safety and features of the vehicle or journey. He may simply return to our office even without informing in such cases
- Carrying illegal Fire arms, ammunition, drugs or any other illegal activities is prohibited and the journey shall be continued and vehicle returns the moment it is found out
- Children below the age of 18 can't travel alone ad must be accompanied by an adult at all times
- In case of any questions or complaints please reach out to us at contact@gohype.in or call us on 8884023355/99862183922.

GENERAL CONDITIONS

- Safety of our vehicle, driver and passenger is utmost important to us. In case if we feel the contractual terms or safety standards are compromised for whatever reason, we may retrieve the car and driver unconditionally. Refunds are subject to further evaluation.
- In case of any communal riots, natural disaster or any other threats that our drivers encounter during the trip, we may call back the car without priori notice to the customer
- In case if the car is used for any illegal activities, the customer will be completely responsible for the entire issue including the compensation to us.
- Cars are issued to the person who contacts and sends details to HYPE. if at any point in time we found that the car is being driven by a different person or used for a different purpose, we can cancel the trip abruptly and recall the Car without any refunds.
- All calculations of Time and Distance are from Garage to garage for both With Chauffeur and Self Drive
- We reserve the right to refuse bookings or on-boarding of customer without any explanation as per our safety and security standards even if the booking has been received
- These Terms and Conditions are constantly updated and the latest conditions are applied even if it is not available in the invoice at the time of booking.
- In Chauffeur driven cars, maximum driving duration is for 16Hrs and 600Kms only. We reserve the right to stop the journey as it is not good for neither the Driver nor the car for prolonged journies
- Our chauffeurs must be treated with respect, dignity and humility. Abusing them in any manner might lead to legal action against the customer
- Customer name used in the Booking invoice will finally be responsible for all Terms and Conditions mentioned here in order to return the car in the condition given

1. Definition of relationship

The terms of use (called as "terms" here onwards) sets forth the rules that govern the access and usage by you, in the capacity of an individual or an institution from any country for all the content, products applications, and services (called as "services" here onwards) made available by HYPE a private limited liability company established in India, having its registered office at #402, Block C, Pride Towers, Bilekahalli, Bannerghatta Road, Bangalore 560076

By accessing the website, App and use of the services, you agree to be legally bound by the clauses and sub clauses mentioned hereunder. In case you do not agree to the terms of use, you are requested not to access or use the services. This terms of use supersedes any prior agreements or arrangements made earlier with you. HYPE reserves the right to terminate any services with respect to you, or to deny any services or access at any point of time without any prior notice for any reason.

HYPE reserves the right to amend the Terms of use related to the services from time to time. All such amendments and updates shall come into effect immediately upon posting the amended Terms. You are therefore advised to read the Terms of use periodically to remain informed about the latest amendments. By continuing to use the services after posting of amendments constitutes your explicit consent to be bound by the amended Terms.

All the practices of collection, use and protection of information collected from the users in connection with the services will be governed by HYPE's privacy policy located at https://www.goHYPE.in/privacy. The personal information collected in connection with the services as provided in HYPE may be shared with a legal body or insurer in case of a complaint, dispute or conflict, which may include an accident, involving you and a third party provider (including an agent/driver).

2. Services of HYPE

The list of services shall include the technology platform that enables HYPE's mobile App or websites users to schedule transportation services with private and independent providers in agreement with HYPE. Unless and otherwise explicitly agreed by HYPE in the same or a separate written agreement with you, the services that are made available are solely for your personal and noncommercial use. Also, you hereby acknowledge that HYPE may not provide transportation services or its function as a transportation carrier and all such services are always provided by independent and third party agents/contractors who are not employed by HYPE.

License to use.

Based on your acceptance to comply with the Terms of use, HYPE grants you a limited, non-exclusive, non-sublicensable, (any time) revocable, non-transferrable license to download, access and use the applications exclusively on your personal devices and to access and use any of the content and information that are made available to you through the services. These services are provided exclusively for your personal and noncommercial use. If there are any rights that are not mentioned or granted herein are reserved by HYPE.

Restrictions to use.

The users of the App/Website shall not: (i) remove any copyright or trademark present in any part of the services (ii) remove any of the proprietary notices from any part of the services; (ii) indulge in activities like modifying, reproducing the work or prepare any derivate works (iii) indulge in distributing the license, sell or resell the service or part of the service nor transfer the licence to third party without prior approval (iv) indulge in exploiting the services of the app by displaying in public, transmit or broadcast any of the services licensed to you or permitted by HYPE; (v) indulge in unlawful activities which include reverse engineering or disassembling the services with the intention of launching any programs which could result in disrupting the services or any portion of it (vi) uses any robot, spider, other automatic device, or manual process to monitor or copy or gain unauthorized access which could result in impairing any aspect of the services.

Third party services and links.

The App and services provided may include access in connection with third party services and content, including advertising, which is not controlled by HYPE. Your use of such third party services shall be governed by the terms of use and privacy policy of the third party which is not endorsed by HYPE and will not be responsible for any of the products or services provided by them. Use of Apple iOS, android, microsoft windows, blackberry powered mobiles to access HYPE, shall be governed by the terms and polices of apple inc., google, inc., microsoft corporation or blackberry limited and their affiliates who will be third party beneficiaries of contract with HYPE. The providers of the platforms will not be part of contract with HYPE and will not be responsible for any of the services provided by HYPE. The speed and performance of your device depends on your network and device limitations and out of scope of HYPE contract. However, we will take all measures from time to time to ensure optimum use of data to enhance performance.

License and Ownership

The services provided and the related rights shall be protected under applicable intellectual property laws and will remain HYPE's property and HYPE's licensors. The terms of use and privacy policy does not provide the user rights to use logos, product and service names of HYPE in any manner. The content and services are protected under applicable copyright and trademark laws.

3. Acceptable use of the services

Membership Terms

In order to use the services offered through HYPE, you shall register on the App/website by providing necessary personal information such as your name, address and phone number. Personally identifiable information is collected in order to achieve the basic objectives of the App/website and to provide you with timely, efficient, and personalized services.

In order to create an account, you must be at least 18 years of age.

HYPE may not offer credit card storage facility from the beginning of it launch and it will be commensurate with the performance and optimization of the application as well as the business model. If previous trip payment is pending, you will receive notifications regarding the same till such time the payment is made. In case of long pending payment, your registration may be terminated and legal actions will be initiated as required.

It is your sole responsibility to provide as well as maintain legally accurate and up to date information related to your account. Failure to do so resulting in invalid, illegal or expired payment methods could lead to termination of your account along with inability to access and use the services provided by HYPE.

You shall be responsible for all the activities and use of services from your account and you shall maintain the required security and secrecy related to your account. you are permitted to possess only one account unless otherwise permitted in writing by HYPE.

Acceptable use policy.

The services provided by HYPE are not available for use by minor persons under the age of 18. The usage of the services from HYPE or any associated third party services by any person under the age of 18 will be permitted only if accompanied by you.

You shall not authorize any third party usage of your account and shall not transfer your account to any person or third party entity.

It is your sole responsibility to ensure that you will not use the HYPE services for any unlawful purposes including transport of illegal, unlawful and hazardous material.

While using the services of HYPE, you shall ensure that you do not cause any nuisance, disturbance, inconvenience or any type damage to the property of the service provider or any other associated third party. Violation of such acts will result in penalising you for the damage done to the assets and can raise litigation for dereliction of your responsibility and careless behaviour towards our vehicles and crew members.

You may be asked to provide proof of identity under some instances while accessing the use of the services, and if you fail to provide the identity, then you may be denied access to use the services.

Text messaging and notifications.

HYPE may send you information as text/sms messages or push notifications related to your use of the services or from business operation point of view. By creating an account, you agree to receive such messages.

Use of Promo codes.

HYPE may at its own discretion to create and provide access to you for various promotional codes (promo codes) that can be redeemed from your account credit. These promo codes could be related to features and benefits provided by HYPE and/or third party provider's services.

These promo codes shall (i) be used only for the intended purpose and audience (ii) not be used for any illegal or unlawful activities (iii) shall not be transferred or sold or duplicated in any manner (iv) you shall not make it available to the general public or post it in any public forum, unless otherwise permitted by HYPE. (v) these promo codes may be disabled by HYPE at any point of time without any prior notice and without any liability to HYPE (vi) you agree that you will use these promo codes only for the specific purpose for which it was created (vii) the promo codes could expire if you fail to use it within the stipulated time period for which it is valid (viii) HYPE, at its own discretion may deduct, withdraw or prevent access to use of any promo code or credits by you or any other user in the event that HYPE determines or believes that these was used or could be used for any illegal/ fraudulent or unlawful activity or in violation to the intended purpose of use.

User submitted content.

From time to time HYPE may at its sole discretion allow you to submit or upload content such as text, audio or video or any other information which could include comments, feedback with regards to our services, support or service requests and also submission of information in response to competitions and promotions. All such content uploaded or submitted by you will be solely your individual responsibility. By posting any content on HYPE, you represent and warrant that you grant HYPE irrevocable and absolute royalty free license, which is applicable worldwide and is forever. HYPE shall have the absolute rights to use the content or to modify it, create derivatives of the content, display publicly the content, sublicense the content in any format through any applicable distribution channel in connection with the services provided by HYPE or as to any third party site or services without invoking any payment of fee or without any notice or consent from you or any other entity, at any point of time.

You also agree that (i) by posting any content, you represent and warrant that you own such content or otherwise have the right to grant the license set forth to HYPE (ii) such content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; (iii) such content does not violate any of the provisions contained in this Agreement or any applicable law; (iv) you may pay all the royalties, fees, and any other amount owing to any person by reason of the posted you being proprietary to a third person; (v) you shall be solely responsible for violation of any mutual agreement between you and the actual owner of the content, in case you are not the owner of the posted content.

You shall not post any user content that is s harmful, threatening, abusive, violent, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

HYPE shall not be liable or obligated to monitor, review the user content submitted or remove any such content. However, HYPE shall reserve the rights to remove any user content at any point of time, for any reason without any prior notice to you or any other connected entity.

Use of devices and access to network.

You will be responsible to ensure availability and access to network necessary to use the services provided by HYPE. The rates for messaging and data usage will be applicable as fixed by your network and may apply on your access and use of services from your device and you shall be responsible for payment of these applicable fees. Updating the hardware of your devices that are necessary to access and use of services of HYPE shall be your responsibility and HYPE does not guarantee that its services and applications will be compatible to all devices and platforms.

HYPE shall not be responsible or liable for any delay, malfunction or losses originating out of inherent delays and malfunction of the internet or electronic communications.

4. Purchase and Payment information

Usage of services and goods provided by HYPE or any third party provider will involve applicable charges for which you shall make payment in advance at the time of booking your trip. HYPE will facilitate and ensure payment of the applicable charges on your behalf to the third party provider. The charges applicable may not include applicable charges as required by law. Refund of the charges or payment will be determined by the refund and cancellation policy setup by HYPE. All refunds are processed once the vehicle inspection is completed and any receivables are completely taken into account. Post that your Bank might take 7 - 10 Working days to reflect it in you Payment account. The receipt for all payments for the charges applicable will sent to you by email.

Any additional charges due after completion of the trip based on the applicable rates will have to be paid immediately on receipt of notification related to payment due and shall be charged against the payment method as designated by you on the App. Failure to which may result in legal proceedings including the charges for all of the administration charges involved in recovering the oustanding amount.

In case of the primary payment method provided by you is incorrect or invalid or has expired you will not be able to use the services of HYPE until valid and correct information is updated and in such cases where any pending payment is applicable, you will ensure that the payment is completed through any other mode of secondary payment.

All applicable service charges will be subject to revision / removal or establishment as and when necessary by HYPE at its own discretion. HYPE may provide some discounts and promotional rates due to which the charges may vary from client to client for the same services and you acknowledge that these rates may or may not be applicable for you. Any cancellation made by you will be subject to cancellation charges as applicable by HYPE's cancellation policy.

The charges that are applicable for the services do not include your payment of tip or gratuity to third party service provider and you are not obligated to make any such payment. All tips and gratuities paid by you shall be purely voluntary.

On completion of the trip you will be provided the opportunity to rate your experience and provide feedback/ comments regarding the services.

5. Applicable Disclaimers; liability and limitations; indemnity.

Applicable Disclaimers.

The services that are provided by HYPE is on "as is" and "as available" basis. Therefore, HYPE disclaims any warranty on fitness for a particular purpose, merchantability, or non-infringement that is explicitly expressed, or implied or is part of statutory requirements, which are expressly included in this terms of use.

Further, HYPE does not warranty, guarantee that the services or goods provided shall at all times be suitable to your needs, reliable and timely or uninterrupted and error free. HYPE does not promise or guarantee that the services provided by third party providers will at all times meet the required quality, suitability and safety. All risks that may arise due to your use of the goods and services provided by HYPE and third party providers will be solely your responsibility, to the maximum extent permitted under applicable law.

Liability.

Under no circumstances shall HYPE be responsible for any loss or damage, including personal injury or death, resulting from the use of the goods and services provided, even when HYPE is made aware of the possibility of such damages.

HYPE shall under no circumstances be liable for any damages caused, any liability arising or losses undergone due to: (i) your not being able to access or use any of the services provided by HYPE (ii) your entering into any type of relationship with any third party provider or any transaction with them, even if HYPE has been made aware of the possibility of such damages.

HYPE shall not be responsible under any circumstances for any problems, delays or deterioration in performance arising out of causes that are beyond HYPE's scope of control.

Utilization of HYPE's services by you to request and schedule transportation of third party providers, does not make HYPE responsible or liable to any of the liability arising unless and otherwise specified by this terms of use.

The disclaimers and limitations stated in this section do not limit your right as a consumer which cannot be excluded under applicable law.

Indemnity.

You agree to defend, indemnify and hold harmless HYPE, its subsidiaries, affiliates, officers, directors, employees, partners and other agents from and against any and all claims and demands, including attorney's fees, arising from Your use/access of HYPE; or Your violation of any provision(s) contained herein; or Your violation of any third party right (s).

6. Jurisdiction.

This Agreement and any dispute, which comes under the purview of this Agreement, shall be construed and subjected to the laws applicable in India without giving effect to any conflict of laws provisions.

Any dispute arising or any claim /controversy arising with respect to the services provided by HYPE/ Third party services Or the terms of use shall be resolved amicably within 30 days. In case the dispute doesn't get resolved within this stipulated time, the case shall be governed by the Arbitration Conciliation ACT, 1986 as per which a sole arbitrator appointed in mutual agreement by both the parties. The seat of arbitration shall be Bengaluru, India. The terms of use, the clause, sub clauses shall be governed by the Laws of India and in the courts of Bengaluru, Karnataka as sole jurisdiction.

7. Additional provisions

Copyright infringement claims.

All Claims of copyright infringement shall be sent to HYPE's designated agent as mentioned in HYPE's web page at https://www.goHYPE.in/legal for the designated address and any additional/connected information.

Notice related to Service

Any general notice regarding the services provided by HYPE may be sent to you via push notification and/or electronic mail to your email address in your account, or through written communication sent to your address as given in your account.

General provisions.

You shall not copy these terms of use either in part or in whole at any point of time without prior and written consent from HYPE. However, you agree that these terms of use could be transferred either in part or as a whole by HYPE to (i) any of its partners/ affiliates, (ii) Any entity who acquires HYPE's business /assets or equities (iii) any successor arising out of merger. HYPE or any third party provider shall not be obligated to enter into any partnership, joint venture or provide any form of employment as a result of the contract between you and HYPE for use of the services.

In remote cases wherein any provision of these terms is considered to be illegal, invalid or unenforceable from a local government, country or jurisdiction point of view and in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms. However the legality, validity and enforceability of the other provisions in these terms shall not be affected and would stay intact and applicable at all times. In such an event, both/all parties could replace the illegal, invalid or unenforceable provision or section with a provision or part thereof that is legal, valid and enforceable and that has, to the maximum extent possible. These terms establish the entire (in part or whole) agreement and understanding of all the parties and replaces and supersedes all other prior or concurrent agreements or activities regarding such subject. In these terms, the words used as "including" and "include" mean "including, but not limited to" and the English language used here purely in the context of India's nature, culture and style of construction and which may or may not imply directly or indirectly to the parties. HYPE must be consulted if the meaning or the translation of these terms brings a different perspective to the parties.

Cookies Policy
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