Sofast Car company's terms and conditions apply to Your visit to and use, of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. 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 “I ACCEPT” 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 SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Sofast Car IN RESPECT OF THE USE AND SERVICES OF THE SITE.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
“T&Cs” and “User Terms” shall mean these Customer terms and conditions.
- Customer / You means a person who has an Account on the Application.
- Driver means and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with Sofast Car and own the Vehicles and who have necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
- Ride mean the travel in the Vehicle by the Customer facilitated through the Site.
- Application means the mobile application “Sofast Car” updated by Ferry Wheels Pvt. Ltd from time to time.
- Total Ride Fee shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
- Account means the account created by the Customer on the Application for availing the Services provided by Sofast Car
- Cancellation Fee means the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Condition. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
- Applicable Laws means and include all applicable statutes, parliament, enactments, acts of legislature or laws, ordinances, policies, directions, directives , rules by-laws, regulations, notifications, guidelines, and orders of any governmental authority, tribunal, or a court of India.
- Fare 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
- Registration Data mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Sofast Car from the Customer from time to time for registration on the Application.
- You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee, 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 • Not with standing the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
- You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
- Sofast Car shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the TPSPs for the Cancellation Fee.
- The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
Application Using Eligibility
You will be “Eligible” to use this Application only when You fulfil all of the following conditions: You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.
Registration And Account
- 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.
- 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 Site (“Permitted Information”), Sofast Car does not want You to, and You should not, send any confidential or proprietary information to Sofast Car on the Site 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 Sofast Car 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 application 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.
- The Site permits you to avail the transportation services offered by TPSPs. The Service allows You to send a request through Sofast Car to a Driver on the Sofast Car network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Sofast Car 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 Sofast Car may determine.
- Sofast Car shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver 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, Site or our network in any way whatsoever; (v) You will provide Sofast Car with such information and documents which Sofast Car may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the call center of Ola, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply; (viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site 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.
- Sofast Car 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. Further, Sofast Car will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Sofast Car on any change in the information provided by You.
- Sofast Car or an authorized representative of Sofast Car, shall provide information regarding services, discounts and promotions provided by Sofast Car to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.
- Sofast Car WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM Sofast Car’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
- You agree to grant Sofast Car a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT Sofast Car TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
- In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, Sofast Car on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.
- You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site.
- Sofast Car 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.
Confirmation Of Booking
Sofast Car shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an SMS , Email or Call
- Sofast Car shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Ola. The Convenience Fee or Access Fee shall be payable by you to Sofast Car and shall be informed to you before you begin your ride.
- You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
- You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee. 6.6. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
User Violation Of User Terms
You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Sofast Car.