TERMS AND CONDITIONS FOR CLIENTS/CUSTOMER/USER:
Welcome to our mobile application and / or our website.
Services, a Sole proprietorship firm registered under the laws of India having its office at House No. 161,2nd Floor, Jayanagar ,Sixmile Road, Guwahati – 781022,
Assam, India and yourself/yourselves. If you continue to browse the website and/or use the mobile application you are agreeing to comply with and be bound
“Drive MiCar”, “we”, “our” and “us” shall mean NuGen Services;
“You”, yourself / yourselves and “your” shall mean a User, who meets the eligibility criteria set out below;
“Application” shall mean the application supplied by Drive MiCar/NuGen Services and downloaded and installed by you on your single mobile device (smart
“Driver” or ‘’Drivers’’ shall mean the driver engaged by you by using our Website/Application;
“Force Majeure” shall have the meaning as set out in Clause VIII;
“Service” or “Services” shall mean the service of providing short-term private Driver solutions via the Application/Website as defined in Clause I;
‘’User’’ or ‘’Users’’ shall have the meaning as set out in Clause II; and
‘’Website’’ shall mean the website www.Drive MiCar.in.
time. If you continue to use the Service after notice of change has been intimated or published on our Website/Application, you thereby provide your
Website/Application. Most content and some of the features on the Website/Application are made available to Users free of charge. However, Drive MiCar
reserves the right to terminate access to certain areas or features of the Website/Application at any time for any reason, with or without notice.
Drive MiCar provides an innovative technology based service which enables the hiring of drivers by commuters/ passengers for a point to point pick up and
drop off Service, within city limits and outside city limits (Condition apply), through the Application in mobile telecommunications device, website and phone/customer care executive.
The Service is designed to offer you information and a means of obtaining short-term private driver solutions to coordinate point-to-point and round trip
private driver services, at your request. As a User, you authorize Drive MiCar to operate your vehicle and make decisions on your behalf during a period of
time designated by you.
USE OF SERVICE, APPLICATION AND WEBSITE:
The Application and the Website allows you to send a request for Service to a Driver. The GPS receiver, which should be installed on the mobile device
(smart phone) on which you have downloaded the Application or the Website, shall detect your location and shall send your location information to the
relevant Driver. Drive MiCar has sole and complete discretion to accept or reject each request for providing the Service. Drive MiCar also has sole and
complete discretion over whether to use the Application / Website to receive the leads generated through the Application / Website. If Drive MiCar accepts
a request, the Application / Website notify you and provide information regarding the Driver - including his name and the ability to contact the Driver by
telephone or by a message.
In case you book a Driver through Contact Centre, then it necessary that you must give necessary details asked by the Centre Executive. Please be
cooperative while giving the direction and landmark of your address. In case the pick up or drop point is not reachable or uncertain, your request may or
may not be accepted politely.
Drive MiCar shall make reasonable efforts to bring you into contact with a Driver in order to avail the Services, subject to the availability of Drivers
in or around your location at the moment of your request for the Services.
User means any individual or business entity/organization that legally operates in India and uses and has the right to use the
Services provided by Drive MiCar. Our Services are available only to those individuals or entities who can execute legally binding contracts under the
applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services.
Drive MiCar advises its Users that while accessing the Website/Application, they must follow/abide by the applicable laws. Drive MiCar may, in its sole
discretion, refuse the Service to anyone at any time.
This Agreement applies to all Services offered on the Website/Application, collectively with any additional terms and condition that may be applicable.
practices to know more about how your personal information would be used.
PRECONDITION FOR USE OF SERVICE
All the information provided by you should be accurate and complete. Drive MiCar service is only available for private cars for non-commercial purposes
within the city limits or outside city limit (condition apply) as designated on our Website. You will ensure that Drive MiCar service is being utilized
only for non-commercial purposes in a private car. Drive MiCar is entitled, at all times, to verify the information that you have provided and to refuse
the Service or use of the Application / Website without providing reasons.
If you book our Driver directly, without any knowledge of Drive MiCar/NuGen Services, in this case all the risk lies on you. It is also necessary that
you must check the Identity card of our driver, if you found any person/driver impersonating to be Drive MiCar Driver, and then please bring this to our
You are mindful to check and guarantee you download the right Application for your gadget or the right Website in your devices/systems. Drive MiCar might
not be obligated on the off chance that you don't have a compatible mobile device or in the event that you download the wrong form of the Application for
your cell phone or Website for the PC. Drive MiCar maintains all authority to end the Service and the utilization of the Application/Website if you utilize
the Service or Application with an inconsistent or unapproved gadget
You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said
vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind.
You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance,
etc., including, but not limited to, personal injuries, death and property damages.
You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way
while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of
any kind and neither NuGen Services/Drive MiCar nor the Driver shall be responsible in any manner whatsoever.
You have the legal right to designate the Driver as your agent and delegate actual authority to the Driver to operate your vehicle and make decisions on
your behalf for the purposes of providing Services offered through the Drive MiCar platform.
You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle
to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor
vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all
necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all
consequences arising out of the use of the Service or the Driver. In any event Drive MiCar shall have no responsibility or liability on this account
You specifically authorize us to use, store or otherwise process your 'Sensitive personal data or information’ (as such term is defined in Information
Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you.
Subject to applicable law all information provided to us by you shall be deemed to be our information to use as we desire.
You will obey all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of the same.
METER START AND CANCELLATION POLICY:
Drive MiCar drivers will wait no more than 15 minutes from the requested trip start time, before they start the trip.
You may cancel the booking within 30 minutes prior to the time of journey, without any cancellation charges for all Services. The customer is liable for
R 100/- charge if the trip is cancelled thereafter.
PAYMENT OF SERVICES
Currently we are accepting cash only, so please make the payment to the Driver (according to the fare shown by the application/Website)
LIMITATION OF LIABILITY:
In case of Either way booking (one way or both way), when Driver is driving your vehicle alone, with your request, then Drive Micar/Nugen Services will
not be held responsible for any mishap, accident or negligence, in case of loss of property or life.
Drive MiCar will take reasonable steps to keep the Website/Application and its contents correct and up to date but does not guarantee that the contents
of the Website/Application are free of errors, defects, malware and viruses or that the Website/Application are correct, up to date and accurate.
Drive MiCar shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by
malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.
Drive MiCar shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the
Website/Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or
manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and in so far as allowed under mandatory applicable law, Drive MiCar’s aggregate liability shall in no event exceed
the equivalent of the amount for the payment of the Services.
The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such
transportation services to you.
We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is
outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of
nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war,
riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( “Force Majeure” ).
If we have contracted to provide identical or similar Service to more than one User and are prevented from fully meeting our obligations to you by reason
of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill by providing the Service, and to what extent.6
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible.
However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required
under applicable law.
In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the
User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes,
Drive MiCar reserves the right to seek compensation from any and all such Users.
Drive MiCar does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on,
distributed through, or linked, downloaded or accessed from or contained on the Website/Application, or the quality of any products, information or other
materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
Offers are subject to Drive MiCar's discretion and may be withdrawn at any time and without notice.
INTELLECTUAL PROPERTY RIGHTS:
Drive MiCar is the sole owner of the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics,
sound, video etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other
laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Drive MiCar.
The information contained in this Website/Application is intended, solely to provide general information for the personal use of the reader, who accepts
full responsibility for its use.
You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website/Application Content, features or
facilities, directly or indirectly, without our prior written permission of Drive MiCar.
All content on this Website/Application is the copyright of Drive MiCar except the third party content and link to third party website on our
Website/Application, if any.
Systematic retrieval of Drive MiCar content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether
through robots, spiders, automatic devices or manual processes) without written permission from Drive MiCar is prohibited.
your access to and use of Services, you agree that you will not use the Website/Application to infringe the intellectual property rights of others in any
way. Drive MiCar reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the
Service, or if Drive MiCar believes that User’s conduct is harmful to the interests of Drive MiCar, its affiliates, or other Users, or for any other reason
in Drive MiCar's sole discretion, with or without cause.
LINKS TO THIRD PARTY SITES:
Links to third party sites are provided by the Application / Website as a convenience to Users and Drive MiCar does not have any control over such sites
i.e., content and resources provided by them.
Drive MiCar may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to such third party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such
sites in order to be aware of the terms and conditions of your use of such sites. The Users acknowledge that Drive MiCar has no control over such third
party's site, does not monitor such sites, and Drive MiCar shall not be responsible or liable to anyone for such third party site, or any content, products
or services made available on such a site.
Drive MiCar reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the
interests of Drive MiCar and/or other Users to the Website/Application. Drive MiCar reserves the right to limit, deny or create different access to the
Website/Application and its features with respect to different Users.
We reserve the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without
by law enforcement or other government agencies; (iv) in case of unexpected technical or security issues or problems; (v) in case of discontinuance or
material modification to the Services (or any part thereof); and / or (vi) in case of interference with use of our Website/Application by others.
In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content
contained in your account. You will not and not attempt to create another account for accessing and using the Website/Application without the written
consent of Drive MiCar.
agree that we will not be liable to you or any third party for taking any of these actions.
Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this
Website/Application and all matters connected with, relating to or arising from such use.
Terms & Conditions for use of Services:
The following terms & conditions shall apply to Users utilising the Services offered by Drive MiCar:
The User agrees and accepts that the use of the Services provided by Drive MiCar is at the sole risk of the User, and further acknowledges that Drive
MiCar disclaims all representations and warranties of any kind, whether express or implied. All Services are provided “AS IS”.
The Drive MiCar or the Driver has the right to refuse the Service in the following circumstances:
a) If the User is found to be in an intoxicated state or is found misbehaving with other passengers or the Driver, or is causing a nuisance;
b) If the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Driver; and
c) If the User asks the Driver to break any traffic/RTO/city police and/or government rules for any purpose The Driver has the right to refuse such a
request by the User.
· Without prejudice to the above, Drive MiCar makes no representation or warranty that:
· The Services will meet the User’s requirements and will be uninterrupted, timely, secure, or error-free.
· The information on this Website/Application is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from
the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability
and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business
judgment of the Users. In no event shall Drive MiCar be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind
whatsoever with respect to the Service. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
· If any User misses his/her train or flight or bus, Drive MiCar will not be liable for any compensation.
· Drive MiCar is hereby authorized to use the location based information provided by any of the telecommunication companies when the User uses the mobile
phone to make a booking. The location based information will be used only to facilitate and improve the probability of locating a Driver for the User.
· Drive MiCar shall be entitled to disclose to any government body the particulars of the User in the possession, in its absolute discretion.
· Drive MiCar shall be entitled at any time without giving any reason to terminate the booking of Driver done by the User.
· If the User has any complaints in respect of the Services or the use of the Driver, the User has to inform Drive MiCar of the same in writing within 24
hours of using the Driver or the Services.
· Drive MiCar shall not be liable for any conduct of the Driver. However, Drive MiCar encourages you to notify any complaints that you may have against any
Driver or its Services.
INSURANCE AND DAMAGE TO PROPERTY:
· We do not procure insurance for, nor are we responsible for, damage or loss of any personal belongings or intellectual property whilst providing the
· The User shall defend, indemnify and hold, Drive MiCar, its affiliates, its licensors, and each of their officers, directors, other users, employees,
attorneys and agents, harmless, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs)
arising out of or in connection with the:
· violation of any rights of any third party, including the Driver via the Application and or the Website; and
· Use or misuse of the Application/Website or Service.
· The information contained in this Website/Application is for general information purposes only. The information is provided by Drive MiCar and while we
endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness,
accuracy, reliability, suitability or availability with respect to the Website/Application or the information, products, services, or related graphics
contained on the Website/Application for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.
· In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage
whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website/Application or Service.
· Every effort is made to keep the Website/Application up and running smoothly. However, Drive MiCar takes no responsibility for, and will not be liable
for, the Website/Application being unavailable due to technical issues beyond our control.
use of the Website/ Application and the Services offered by Drive MiCar, superseding any prior written or oral agreements in relation to the same subject
The courts of Guwahati, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by
Drive MiCar is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified
when using this Website/Application; you can be assured that it will only be used in accordance with this privacy statement.
Drive MiCar may change this policy from time to time by updating this page. You should update the page from time to time in order to ensure ease in
INFORMATION THAT IS OR MAY BE COLLECTED FROM YOU
We may collect the following information:
· name and job title;
· contact information including email address;
· demographic information such as postcode, preferences and interests;
· information relevant to customer surveys and/or offers;
· financial information (like account or credit card numbers);
· opinions of features on this Website/Application; and
· Other information as per our registration process.
We may also collect the following information:
· about the pages you visit/access;
links you click on this Website;
Frequency of access of a particular page; and
· Number of times you have interacted on this Website.
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
· Internal record keeping;
· We may use the information to improve our Services;
· We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the
email address which you have provided; and
· From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may
use the information to customize the Website/Application according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical,
electronic and managerial procedures to safeguard and secure the information we collect online.
You are solely responsible for the confidentiality of any password and other account information that you create in order to access or use the Website/
Application. You agree to notify us immediately on any unauthorized use of your account, user name, or password. You also agree that Drive MiCar is not
liable in any manner for any loss that you may incur as a result of any third party using your password, either with or without your knowledge. You are
solely liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to misuse of your
account or password. You will not under any circumstances use the account, username, or password of someone else at any time.
You are prohibited from violating or attempting to violate any security features of any of our Website/ Application, including, without limitation: (a)
accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan,
or test the vulnerability of any of our Website/ Application or any associated services, system or network, or to breach security or authentication
measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated
searching or "scraping" tool) to monitor, access or copy any content from any Website/Application; (d) interfering or attempting to interfere with service
to any user, host, or network, including, without limitation, by means of submitting a virus to the Website/Application, overloading, initiating or
facilitating any "denial of service" attack, "flooding," "spamming," "mail bombing," or "crashing;" (e) using any our Website/ Application or servers to
send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any
part of the header information in any e-mail or in any posting using any our Website/ Application; or (g) attempting to modify, reverse-engineer,
decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Drive MiCar in providing the
Website/ Application or our Services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a
loss of your ability to access and use the Website/Application.
LINKS TO OTHER WEBSITES
· Our Application /Website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that
we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide
whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement
applicable to the website in question.
· We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may
use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish
this to happen.
Notwithstanding the above, we confirm that we shall at all times be in full compliance with the Information Technology (Reasonable security practices and
procedures and sensitive personal data or information) Rules, 2011.