TERMS AND CONDITIONS

This platform i.e. the mobile platform (the “Platform”) is owned by Moving Tech Innovations Private Limited (the “Company/Our/Us”). By using this Platform , you agree to be bound by the terms and conditions (the “Terms and Conditions”) set forth below. If You do not accept these Terms and Conditions , please do not use this App. The Company may, in its sole discretion, revise these Terms and Conditions at any time. We shall endeavour to notify you in case of any material changes in our Terms and Conditions.  

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.

These Terms shall govern the relationship between you (“User/ You/ Your”) and the Company in relation to the Platform .

The Platform facilitates metro ticket booking services (“Metro Ticket booking services”) through the App in collaboration with Google Maps and respective Metro Rail Corporations Limited (“Metro Corporation”) .

  1. INTRODUCTION

  1. By using the Metro Ticket booking feature within Google Maps, you acknowledge and agree that upon initiating a ticket booking, you will be redirected to the Platform.
  2. The Platform shall enable you to book tickets (“Metro Tickets”) for availing transportation services provided by the Metro Corporation .
  3. You shall provide certain basic information on the platform to facilitate booking of metro tickets, which has been detailed under Clause 2.1.

  1. REGISTRATION AND ACCOUNT

  1. In order to use the Platform, you must be a registered user or have a user account on the app (“App”), owned and operated by the Company.
  2. If you are not a registered user or do not have a user account on the App, you authorize us to collect certain personal information (“Registration Data”) which includes your phone number for the purpose of creating an account on the App on your behalf, which shall enable You to avail the Metro Ticket booking services on the Platform.
  3. The creation of the user account on the App, will enable You to :
  1. View the booked metro tickets on the App.
  2. Use the other services exclusively provided through the App by the Company.
  1. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid, true and is updated from time to time. We shall bear no liability for false, incomplete, or incorrect Registration Data provided by You.
  2. This Platform is intended solely for Users who are eighteen (18) years of age or older and competent to contract within the meaning of the Indian Contract Act, 1872.
  3. You are responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur by usage of your Registration Data, whether initiated by You or any third party. Your account on the App 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 any unauthorised third party using Your Registration Data, either with or without Your knowledge.
  4. We reserve the right to suspend or terminate Your account on the App 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 Registration Data has been compromised in any way, or if we suspect unauthorised use of your Registration Data , or for any other reason we may find just or equitable.
  5. We allow you to open only one account on the App, in association with the Registration Data provided by You. In case of any unauthorized use of Your account please immediately reach us at support@nammayatri.in 

  1. PLATFORM

  1. The Platform will enable you to book metro tickets. A registered user can book upto six (6) metro tickets in a single transaction.
  2. You agree that: (i) You will only use the Platform for your sole, personal use and will not resell or assign it to a third party; (ii) You will not use the Platform for unlawful purposes; (iv) You will not try to harm the Platform in any way whatsoever; (viii) You will comply with all relevant applicable law;
  3. Company bears no responsibility and liability for non-completion of the metro rides,cancellation of the rides by the Metro Corporation, delays and losses suffered by You or caused to You as a consequence of the use of the transportation services provided by the Metro Corporation.. Any dispute between You and the Metro Corporation is your responsibility and the Company shall not be liable for the same.
  4. Company shall, upon receiving the booking request from You,enable You to book metro tickets through the Platform. . However, the Company shall not be responsible for arranging any services for You. In the event the metro ticket is booked, You shall check the booking details, and if there is incorrect detail, the same needs to be informed to the Metro Corporation.
  5. If You leave any goods in the metro, it shall be reported immediately to the Metro Corporation. We shall not be responsible for any loss or damage caused to such items.
  6. Please refer to the Terms and Conditions of respective Metro Corporation for more details.

  1. PAYMENT

  1. You shall be charged for the metro tickets booked through the Platform. The price of the metro tickets shall be determined by the Metro Corporation. Payment made by You on the Platform shall be settled to the respective Metro Corporation.
  2. Refunds against cancellation shall be as per the policy of the respective Metro Corporation. Refunds may be processed by the Metro Corporation directly into the source account from which the payment was made by You.

  1. INTELLECTUAL PROPERTY

  1. Company shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Platform and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Platform .
  2. These Terms and Conditions do not constitute a sale and do not convey to You any rights of ownership in or related to the Platform, or any intellectual property rights owned by the Company. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Platform.

  1. DISCLAIMER

COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE APP AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL.

THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE BASIS”. COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY OF THE MATERIAL OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE PLATFORM. THE COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER FROM YOU WHILE USING THE PLATFORM. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR COMPANY'S REPRESENTATIVES SHALL CREATE A WARRANTY.

  1. INDEMNITY

By using this Platform, You agree to indemnify, defend and hold harmless the Company and its affiliates or its officers, directors, employees, agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against the Company or its officers, directors, employees, agents arising out of or relating to (i) your use of the Platform, (ii) any breach or violation by You of the Terms and Conditions; or (iii) any of your acts or omissions (including without limitation fraud, negligence or wilful misconduct), except to the extent any of the foregoing directly results from Company's own gross negligence or wilful misconduct. Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

  1. LIMITATION OF LIABILITY

COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF THE PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND THE METRO, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF SERVICES IN METRO. COMPANY’S PLATFORM MAY BE USED BY YOU TO RECEIVE SERVICES OF THE METRO WHO ARE WILLING TO OFFER THEIR SERVICES, AND YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO SERVICES PROVIDED TO YOU BY THE METRO.

  1. PRIVACY

Our collection and use of personal information in connection with the Software or Application is as provided in Privacy Policy. Where a third party is identified, please see their linked privacy notices for information regarding their collection and use of personal data.

  1. MISCELLANEOUS

If the Platform’s performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under Terms and Conditions shall be suspended for so long as the Force Majeure Event continues.

Any controversy or claim arising out of or relating to Terms and Conditions, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of India and the courts in Bangalore shall have exclusive jurisdiction.

If any provision or portion of Terms and Conditions shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of remaining provisions and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect. 

Company’s failure or delay in exercising its right or remedy hereunder shall not operate as a waiver nor shall any single or partial exercise of any right or remedy by Company preclude from further exercise thereof or the exercise of any other right or remedy..

        

  1. CONTACT INFORMATION

If you have any questions about Terms and Conditions or the Platform, please contact us at support@nammayatri.in