CabsWale - Terms of Use

1. Definitions

• (a) Passenger: A User who uses the Platform to search for, contact, and arrange outstation cab services with a Driver.
• (b) Driver or Driver Partner: A User who uses the Platform to offer outstation cab services to Passengers.
• (c) Trip: An outstation journey (one-way, round-trip, multi-day tour, or airport transfer) agreed directly between a Passenger and a Driver.
• (d) Service: The technology platform provided by CabsWale to facilitate direct connections, communication, and profile visibility between Passengers and Drivers.
• (e) User Account: The registered account created by a User to access the Service.
• (f) Verification Providers: Third-party service providers engaged by CabsWale or its partners to conduct know your customer ("KYC") checks, Aadhaar-based verification, background checks, and related risk or identity assessments through their own platforms, APIs, or tools.

2. Nature of the Service and Intermediary Status

• (a) CabsWale operates solely as a technology intermediary platform that connects Passengers seeking outstation cab services with independent Drivers offering such services.
• (b) CabsWale does not provide transportation services, own or operate vehicles, or employ Drivers.
• (c) Drivers are independent third-party service providers, not employees, agents, or representatives of CabsWale.
• (d) The contract for transportation (including fare, route, timings, vehicle condition, and all other terms) is formed directly and exclusively between the Passenger and the Driver.
• (e) CabsWale does not handle payments, issue invoices, or process refunds. All payments are made directly between Passenger and Driver as agreed.
• (f) CabsWale acts as an "intermediary" under the Information Technology Act, 2000 and associated rules, and is entitled to safe harbour protection subject to compliance with applicable law.

3. Insurance Provided by CabsWale

To enhance safety and user protection for outstation Trips facilitated through the Platform:

• (a) For Drivers: CabsWale provides personal accident insurance coverage, with a minimum coverage aligned with applicable guidelines, including health insurance cover up to ₹5 Lakh and term insurance cover up to ₹10 Lakh. This is facilitated by CabsWale through tie-ups with licensed insurers and is available to verified Drivers upon onboarding or as per eligibility criteria.
• (b) For Passengers: CabsWale provides passenger accident insurance coverage for Trips booked through the Platform, covering accidental death, disability, medical expenses, or other specified risks with a cover of up to ₹50,000 per Trip. This coverage applies during the Trip duration from pickup to drop-off and is facilitated by CabsWale via partnered insurers.

Important Disclaimers on Insurance:

• (a) Insurance is provided subject to the terms, conditions, exclusions, and limits of the underlying insurance policy issued by the partnered insurer(s). In the event of a conflict between the terms hereof and the underlying insurance policy, the terms of the underlying insurance policy will prevail.
• (b) Coverage is not guaranteed in all cases and depends on verification, Trip eligibility, policy terms, and timely claim filing.
• (c) Drivers remain responsible for maintaining mandatory vehicle insurance (third-party liability and own-damage/comprehensive as required under the Motor Vehicles Act, 1988, including passenger-carrying commercial use).
• (d) CabsWale facilitates and may contribute to or arrange such insurance but is not an insurer. Claims are handled directly by the insurance provider. CabsWale disclaims liability for claim denials, delays, or inadequate coverage.
• (e) Users (Drivers and Passengers) are encouraged to review the specific insurance policy details available on the Platform or upon request and maintain their own additional coverage if desired.
• (f) This insurance does not replace Drivers' obligations under law to hold valid commercial vehicle insurance.

4. Acceptance and Modifications

• (a) By using the Platform, you accept these Terms in full. Continued use after any modifications constitutes acceptance of the revised Terms.
• (b) CabsWale may modify these Terms, the Platform, or the Service at any time. Material changes will be notified via the app, email, or website. Changes will not apply retroactively to Trips already agreed upon.

5. Eligibility and Registration

• (a) You must be at least 18 years old and legally capable of entering into contracts.
• (b) Drivers must hold valid licenses, permits (including All-India Tourist Permit where required), vehicle registration, insurance, and comply with applicable motor vehicle laws.
• (c) You agree to provide updated, accurate, and complete information during registration and keep it updated.
• (d) You are limited to one User Account. False information or multiple accounts may lead to suspension.

6. Use of the Platform

6.1 Passenger Obligations

• (a) Browse Driver profiles, contact Drivers directly via in-app chat/call, negotiate terms, and confirm Trips directly.
• (b) Pay the agreed fare directly to the Driver.
• (c) Be punctual, behave appropriately, and comply with the Driver's reasonable requests.

6.2 Driver Obligations

• (a) Maintain valid documentation, vehicle condition, and insurance.
• (b) Honor agreed Trip terms, be punctual, and provide safe, professional service.
• (c) Charge fares as negotiated directly with Passengers.

6.3 Verification

CabsWale conducts reasonable verification of Drivers' identity and documentation, and may, in some cases, also verify Passengers' identity, by using government-issued IDs (including Aadhaar) and other KYC information, directly or through Verification Providers and other third-party APIs. Verification may include Aadhaar-based checks and criminal record/background checks. Users assume all risks and are encouraged to exercise due diligence. You acknowledge that any identity or background checks are limited to the information and access provided by you and the relevant Verification Providers, and CabsWale does not guarantee the completeness, accuracy, or continued validity of such checks.

6.4 Prohibited Conduct

• (a) You agree not to:
  • (i) use the Platform for illegal purposes or in violation of laws (including Motor Vehicles Act, traffic rules);
  • (ii) discriminate, harass, threaten, or engage in misconduct;
  • (iii) upload viruses or harmful code onto the Platform;
  • (iv) scrape, crawl, or misuse Platform data;
  • (v) impersonate others or provide false information;
  • (vi) use the Platform for intra-city rides or non-outstation services unless explicitly offered.
• (b) The Platform will, at its sole discretion, be entitled to immediately suspend or terminate your account on the grounds of the breach of the above conditions.

7. Payments and Cancellations

• (a) All fares, payments, cancellations, refunds, and any related financial arrangements are handled directly between the Passenger and the Driver.
• (b) CabsWale does not collect, process, hold, or facilitate any payments and bears no responsibility or liability for:
  • (i) payment disputes;
  • (ii) non-payment or delayed payment;
  • (iii) cancellations or no-shows;
  • (iv) refunds; or
  • (v) any other financial issues arising from a Trip.

8. Intellectual Property

• (a) All content available on or through the Platform, including text, graphics, logos, images, software, AI features, designs, and any other materials, is owned by CabsWale or its licensors and is protected by copyright, trademark, and other intellectual property laws.
• (b) Subject to these Terms, CabsWale grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its content solely for: (i) in case you are a Passenger, your personal, non-commercial use; and (ii) in case you are a Driver, for your use as directed under these Terms.
• (c) You may not copy, reproduce, modify, distribute, display, perform, publish, sell, license, create derivative works from, or otherwise exploit any part of the Platform or its content for any commercial purpose without our prior written permission.

9. Liability

• (a) The Platform and all our services are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied.
• (b) CabsWale disclaims all liability for any loss, damage, injury, delay, or dispute that arises from:
  • (i) any Trip, user-to-user interaction, or negotiation;
  • (ii) inaccurate, incomplete, or misleading information in user profiles or communications;
  • (iii) any act or omission by any Passenger or Driver; or
  • (iv) any actions, omissions, decisions, or processing carried out by Verification Providers, background check services, or other third-party APIs, including with respect to Aadhaar or other KYC data submitted by you through or in connection with the Platform.
• (c) To the fullest extent permitted by law, CabsWale will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, goodwill, data, or other intangible losses.
• (d) CabsWale assumes no liability for force majeure events, including without limitation, acts of God, strikes, pandemics, epidemics, government actions, war, terrorism, power failures, and internet outages.
• (e) In no event will CabsWale's total liability to you or any third party claiming on your behalf, for any cause whatsoever, exceed ₹10,000 (Indian Rupees Ten Thousand only).

10. Grievance Redressal

• (a) In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, please find below the details of the Grievance Officer and Complaints Process:
  • (i) Grievance Officer

    Name: Ayush Sharma

    Email: dpo@cabswale.in

    Address: Gurugram, Haryana

  • (ii) Complaint Process: We will acknowledge receipt of your complaint within 24 hours of submission. We will make reasonable efforts to resolve the complaint within 15 days or within any shorter period required by applicable law.
• (b) You may contact the Grievance Officer for any complaints related to the Platform, content, user conduct, or any other matter governed by these Terms.

11. Termination

• (a) We may, at our sole and absolute discretion, suspend or permanently terminate your access to the Platform, your User Account, or any related services at any time, with or without notice, if:
  • (i) you breach any of these Terms;
  • (ii) we reasonably believe your use violates applicable law; or
  • (iii) we decide to discontinue or modify the Platform or any part of it.
• (b) Such suspension or termination will be without liability to you, except for any obligations that accrued before the termination.

12. Governing Law and Dispute Resolution

• (a) These Terms are governed by the laws of India.
• (b) Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform are subject to the exclusive jurisdiction of the courts located in Saket, Delhi, India.

13. Severability and Miscellaneous

• (a) If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed, and the remaining provisions will continue in full force and effect.
• (b) No failure or delay by CabsWale in exercising any right or remedy under these Terms will constitute a waiver of that right or remedy, unless such waiver is given in writing and signed by us.
• (c) These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CabsWale regarding your use of the Platform and supersede all prior or contemporaneous understandings. Details of how Aadhaar and other KYC information are collected, used, shared (including with Verification Providers), and protected are set out in our Privacy Policy, which forms an integral part of these Terms.
• (d) For any questions, support, or feedback, please contact us at: support@cabswale.ai