Term & Conditions
TERMS & CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
This user agreement describe the terms and conditions (“Terms of service”, “Terms” or “ToS”) on which user can use or access services provided by Locus (“Techroid Solutions Pvt Ltd”). It is an electronic record in the form of electronic contract formed under information technology act, 2000 and rules made thereunder and the amended provision pertaining to electronic documents/ records in various statues as amended by the information technology act, 2000.It is a computer generated and does not require and physical or digital signatures.
These terms of services constitute a legally binding agreement between you (“User”, “your”) and the Techroid Solutions Pvt Ltd. (“We”, “Our”, “Us”, “Locus”, “LocusRide” or “LocusCab”) to use our mobile application or use our website or any of our services. By clicking on “I ACCEPT” Button or continue to browse and use our website or application, you agree to all terms of services (“Terms & Conditions). Please read the document before accepting the terms of services.
ELIGIBILITY TO USE OUR SERVICES
User(s) means any individual or business entity/organization legally operating in India, uses and has right to use the services provided by Locus. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Locus platform is not available to children (under age of 18). By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. Locus advises its users that while accessing the web site/ the application, they must follow/abide by the related laws.
USER ACCOUNT AND SERVICES
In order to access or use our services, user require to provide information about him/herself. Locus collects user data including name, email id, mobile number, etc. as part of registration process for provide services. It is assumed that the information provided to Locus by you is correct and accurate. Locus except that only one user is using the Locus account and making multiple accounts through one phone constitutes unfair usage. Further, Locus expects the account holder to be in ownership of the phone number which he has used while making the account. In case, Locus suspects unfair usage on an account, the company reserves right to take necessary actions as deemed fit by Locus.
You may also register by logging into your account with your personal information from certain third party social networking sites (e.g. Facebook or Google). You confirm that you are using your own social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this agreement and your use of the services. The company has right to use the information provided by the user for its marketing purpose.
Locus is an intermediate technology platform that enables users of Locus mobile applications or websites provided as part of the Services to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Locus. All services provided by Locus to you for booking purposes, are hereinafter referred to as the “Service”. Locus will store the information provided or record your calls for contacting you for all Service related matters and queries. You have to update the information related you whenever required.
Locus is not responsible for any damage or loss of item during the journey, user/customer should take responsibility of his/ her items. In case of lost items inside during the journey, Locus will try to locate the items on a "best effort" basis but is not responsible for the same in case of loss or damage to the same. All calls made to call centre will be recorded to improve the quality of service and for training purposes. Locus does not own any vehicle registered with it for logistics or transport purpose, nor does it directly or indirectly employ any drivers. All vehicle and driver are supplied by third party on contract basis.
You hereby agree and assure Locus that Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws.
You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity
The Website and mobile application is supplied on "as is" and indeed Locus is its best endeavors to ensure that the application to work correctly on your mobile device, though Locus does not guarantee the performance of the application, nor the compatibility of the application with your mobile device. Locus shall not be liable for any damages, claims or costs of any kind, including consequential, indirect, incidental damages or lost profits or damage to your mobile device as a result of your use of the Services or the installation and / or execution of software, even if Locus or his representative was informed of the possibility of such loss, damage or claims.
All communication which inter alia include booking, its terms, your obligations, the vendor’s obligations, etc. are outcomes of the communication between the vendor and you (through us). This includes, without any limitation, the details, date, and warranties related to services after booking/reservation. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
As a user, you agree that any amount charged for our services (a “Charge”, “Amount”, “Balance” or “Fare”) are mandatory and due and payable immediately upon completion of trip or ride. You may choose to pay for the services by either cash or by online payment option offered by Locus. Locus has the authority and reserves the right to determine and revise pricing for services. You acknowledge that certain dynamic charges may be applicable to you during certain high demand situation. You are responsible for reviewing the applicable Locus services charges. Locus may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services.
Cash payment: If user select to pay by cash then user need to pay the fare to the driver on completion of ride or trip. In additional to the fare, you may need to pay the toll duty, taxes, cess, etc. as may not be included in the fare. The fare will be round figured to whole number in case of cash payment.
Online Payment: User can make payment of trips using online payment method to Locus. All online payment are facilitated through a third-party payment processing service (e.g. Paytm). Locus may replace its third-party payment processing services without informing/notifying you. Charges shall only be made through the Locus platform. You need to authenticate the online payment, and need to provide all the necessary information to the payment gateways, and locus is not responsible for any dispute regarding the payment with third party payment services. Any payment related issue, except when such issue is due to an error or fault in the Website or Application, shall be resolved between you and the Payment Processor.
Cancellation fee: In the event that you cancel a ride request on the Locus more than 3 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you agree to pay a “Cancellation Fee”. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled rides to disrupt the Locus or the provision of Services.
Other charges: Other fees like toll duty, night charge, parking charge may apply to your ride, including: actual or anticipated airport fees, state or local fees, tolls (and return tolls in select instances). In addition, where required by law Locus will collect applicable taxes.
Refund policy: Charges are assessed immediately following completion of the ride to your authorized payment method. All Fare charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Locus services, any disruption to the Locus Services, or any other reason whatsoever. You may get partial refund only in case of cancellation of advance booking if you had paid the advance booking charges after deducting the cancellation charge.
PROMOTION, OFFERS AND CASHBACK
Locus, at its sole discretion, may make available promotions (“Promo codes”) with different features to any of our Users or prospective Riders. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Locus. Locus is Sole discretion, create promotional code that may be redeemed for account credit, or for use in rides or services. All the promotional offers are not available to everyone. Every offers have some expire date, Locus can modify the promo code any time without prior information. You agree the terms and conditions for each and every promo code before using it. Violation of terms and condition in any manner may lead to termination of the service or suspension of the user account. Promo code can be disabled any time without any intimation to user. Promo code is not valid on cash payment.
You may get cashback when you use respective promo code, the cash back offer may be deactivated or withdrawal any time without prior notice. The cashback will be offered by third party or From Locus, In case of Locus, the cashback will be credited to Locus-E-Wallet, cashback should be used within 60 days from credit date. In case of third party cashback please refer their terms & conditions, Locus will not be responsible for any dispute with third party related issues.
Referral program offer: By using the referral offers by us, the referrer and the referral recipient must agree and follow the terms and conditions provided herein. “Referrer” the person whose referral code has been used to sign up or for the first ride and “Referral recipient” being the person who use the referral code for sign up or for the first ride. Anyone who signs up on Locus mobile app using a valid referral code will get a discount or cash back worth referral discount (“Referral Discount” may change without prior notice.) referral discount will be provided to the referral recipient only on the first ride, and to referral after completion of the first trip by referral recipient. The value of discount will be as per the Locus referral program active at the time of referral recipient signup or first ride using the referral code. The referral program is only valid on the Locus Mobile application, referral program is not valid on website booking or through call centre.
Maximum number of Referral discount earn by any user will be limited to 15 or Rs 500/- (Rupees five hundred only) (subject to change as per Locus discretion). Creating multiple user accounts using multiple emails or different devices in order to unduly gain referral discount shall be considered to be contravention of the terms and conditions. You can use the referral amount only for single trip. Referral code shall not be sold, transferred or made available to the general public (Whether posted to the public forum or otherwise.) Locus reserve the right to revoke the referral discount or code or can suspend the user account at any time if such sharing of the referral discount is in contravention/breach of Locus referral program terms & condition.
RESTRICTED ACTIVITIES AND GOODS
As you use Locus platform and your participation in the services, the customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
· Violate any law, statute, ordinance or regulation.
· Pressurizing driver to break traffic rules and regulation.
· Pressurizing driver to overloading.
· Soiling or damaging the body and/or any other interiors of the vehicle.
· Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.
· post Information or interact on the Locus Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, offensive, sexually oriented, threatening, harassing, or illegal
· Interfere with or disrupt the Services or the Locus Platform or the servers or networks connected to the Locus.
· Rent, lease, lend, sell, redistribute, license or sublicense the Locus Platform or access to any portion of the Locus Platform.
· Transfer or sell your User account, password and/or identification to any other party
· Carry any dangerous items or weapons.
· Ship prohibited goods.
If the receiver refuses to accept delivery we will try to contact user and agree the appropriate next action. User agrees to pay the Company any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action
MODIFICATION TO THE AGREEMENT
We reserve the right to modify/change/amend the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You shall be responsible for regularly reviewing this Agreement. Continued use of the Locus or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Locus or the Services or you may contact us.
INTELLECTUAL PROPERTY OWNERSHIP
All intellectual property rights are owned by us absolutely and their entirety. These right include and not limited to database right, title, design rights(whether registered or unregistered), including all related intellectual property rights, in and to the Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations, text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, artwork and computer code or other information provided by You or any other party relating to the Site, Application or the Service.
Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Site, mobile application or the Service, or any intellectual property rights owned by Locus. 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 Services or the Site/ Application.
You may use information on the Site purposely made available by us for downloading from the Site, provided that you do not remove any proprietary notice language in all copies of such documents and make no modifications to the information use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media or do not make any additional representations or warranties relating to such information.
LAWS AND DISPUTE RESOLUTION
Terms & conditions shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The courts at Pune shall have exclusive jurisdiction in case of any dispute in between the parties from or relating terms, services, application or website.
LIMITATION OF LIABILITY
The information contained in this website, mobile application or call centre is for general information purposes only. The information is provided by Locus 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 or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event we will 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 our services.
Through our website you are able to link to other websites which are not under the control of Locus. We have no control over the nature, content and availability of Third parties sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Locus services may be used by you to request and schedule transportation, goods or logistics services with third party providers, but you agree that Locus has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms.
Every effort is made to keep the service up and running smoothly. However, Locus takes no responsibility for, and will not be liable for, the services being temporarily unavailable due to technical issues beyond our control.
Locus shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Locus. Locus will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation. Locus shall not be liable for delay or failure in performance resulting from causes beyond locus’s reasonable control.
The services are provided “as is” and “as available.” Locus disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Locus makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Locus does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, remains solely with you, to the maximum extent permitted under applicable law.