Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES PROVIDED BY CITYFLO.
In using this website you are deemed to have read and agreed to the following terms and conditions. The following terminology applies to these Terms and Conditions, Privacy Statement and Cancellation Policy and any or all Agreements.
1) STATUS OF CITYFLO AND YOU
The term 'Cityflo' or 'us' or 'we' refers to the owner, whose registered office is Komorebi Tech Solutions Private Limited, E Wing, Tex Center, Chandivali Farm Road, Andheri East, Mumbai 400 072, of the online platform offering transportation solutions provided by third party vehicle operators. When you download and use the online platform supplied by Cityflo, the online platform will be referred to as the "Application" hereinafter. All services provided to you by means of your use of the Application are hereafter referred to as the "Service".
“you”, “your”, “yours” and “Subscriber”are references to you, the person accessing this website and/or mobile application.
These Terms and Conditions, referred to as “Terms”, govern the access or use by you, an individual, from within any country in the world, when you browse the website and/or you download the Application and/or use our service. Cityflo shall be entitled to add to, vary or amend any or all these Terms at any time and the Subscriber shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these Terms at Cityflo’s website at www.Cityflo.com or the Application on the date that Cityflo may indicate that such addition, variation or amendment is to come into effect.
2) CONTRACT BETWEEN CITYFLO AND YOU
2.1. The contract is between Cityflo and you when you browse the website and/or download and use the Application.
2.2. In order to use the Application, you must register for and maintain an active Services account which will be referred to as an “Account”. To obtain an Account, you confirm that you have attained 18 years of age. Account registration requires you to submit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method to Cityflo.
2.3. You agree to operate the Account as per the Terms. The Account must contain accurate, complete, and up-to-date information. Failure to comply may result in your inability to access and use the Services or termination of these Terms with you.
2.4. All activities that occur under your Account are deemed as your activity. You agree to maintain the security and secrecy of your Account username and password at all times. You may possess only one Account, unless otherwise permitted by Cityflo.
3.1. Cityflo is a technology based service which enables you to be a passenger on a registered motor vehicle for point to point transportation, or for time and usage based service within city limits of Mumbai.
4) BOOKING POLICY
4.1. When you register with Cityflo, you become the subscriber of the Services aggregated by Cityflo.
4.2. To book a seat on a particular route, you will need to book through the Application.
4.3. By virtue of these Terms, you hereby authorize Cityflo to use the location based information provided by GPS and any of the telecommunication companies when the Application is used to make a motor vehicle booking. The location based information will be used only to facilitate and improve the probability of locating a motor vehicle as well as a seat for you.
4.4. Cityflo shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Subscriber in the possession of the Application in any way as Cityflo, in its absolute discretion, deems fit or if it considers it in its interests to do so.
4.5. As a Subscriber to their Services, Cityflo has the right to use your contact information for its own marketing purposes. Cityflo may send regular message updates to registered mobile numbers updating you on their discount coupons, promotions and other relevant information, as deemed appropriate by Cityflo.
4.6. When using the Application, you, as a Subscriber, are aware that Cityflo does not own or operate any bus services on its own. Cityflo does not directly or indirectly employ any drivers for the motor vehicle. Cityflo cannot be held responsible for the behaviour of the driver or any other employer or agent of third parties. Motor vehicles and drivers are all supplied by third parties and Cityflo disclaims any and all liability in respect of the drivers and the motor vehicles alike.Cityflo does not advice any specific bus operator to you. The choice of the bus operator is purely the discretion of the Subscriber.
4.7. In case the Subscriber is booking seats for multiple passengers, these Terms apply to each of such passengers also.
4.8. To cancel any or all seat(s), the Cancellation Policy will apply.
5) SCOPE OF SERVICES
5.1.You agree and accept that the use of the Services provided by Cityflo is at your risk and further acknowledge that Cityflo disclaims all representations and warranties of any kind, whether express or impliedas to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
5.2. You shall ensure that you strictly adhere to the following conditions when utilising Cityflo’s Services:
Refrain from smoking or consuming any kind of intoxicants inside the vehicle. The driver has the right to refuse the pick-up or ask you to alight the vehicle if you are found to be in an intoxicated state or are found misbehaving with other passengers or the driver, or causing a nuisance.
Littering on the vehicle
Soiling or damaging the seats and/or any other interiors of the vehicle.
Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.
Asking 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. The driver also has the right to refuse such a pick-up or ask such customer(s) to alight from the motor vehicle.
Asking the driver to board any person not on the passenger list of the vehicle.
Pressurizing the driver to overload the space of the vehicle with luggage.
Engaging in behaviour and activities which disturb the co passengers in any way
5.3. Without prejudice to the above, Cityflo makes no representation or warranty that:
The Services will constantly meet the Subscriber's requirements
The Services will always be uninterrupted, timely, secure, or error-free
The Application will always provide a seat on the requested route
5.4.Cityflo shall be entitled at any time without giving any reason to terminate the booking of seats done by the Subscriber.
6.1. As a Subscriber, you agree that any amounts charged for a ride (hereby referred to as a “Charge”) are mandatory and due and payable immediately before the commencement of the ride.
6.2. Cityflo has the authority and reserves the right to determine and modify pricing by posting applicable Charges on the website and/or Application. You are responsible for reviewing the applicable Charges and shall be responsible for all Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
6.3. As a Subscriber, you have the option to utilise the wallet feature to make cashless payments. The maximum amount of credit (balance) per wallet is limited to INR 50,000 (Rupees Fifty Thousand only) as per Reserve Bank of India regulations.
6.4. In case of non-completion of ride(s), the amount debited from the wallet will be refunded back to the wallet or to the payment instrument utilised by you. However, in case of cancellation of your Cityflo Account, the balance remaining in the wallet cannot be redeemed for cash payment. Any amount in the wallet is non-redeemable at all times.
7) ACCOUNTS, OFFERS AND PROMOTIONS
7.1. Cityflo reserves the right to collect your data including name, contact information and other details to facilitate Services. All information collected from you are on a bonafide basis.
7.2. Misrepresentation of identity or contact details by you will lead to automated termination of Services without prior notice to you.
7.3. Your accounts bearing contact number and email IDs are created and owned by Cityflo.
7.4. In case where the system is unable to establish unique identity of the you against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Cityflo reserves the full discretion to suspend your account in the above event and does not have the liability to share any account information whatsoever.
7.5. Cityflo, at its sole discretion, may make available offers and promotions with different features to you and you consent to receive SMS/call/Email communications for the same.
8) LOSS OF ITEMS
8.1. If the Subscriber has misplaced or lost any personal property in the motor vehicle, Cityflo will try to locate the items on a "best-effort" basis but is not responsible in any manner for the same in case of loss or damage to the same. Such personal property is the sole responsibility of the Subscriber.
9.1. Cityflo shall not be responsible for the conduct of the drivers of the motor vehicle or the standard of the motor vehicle registered on the Application. However, the Company encourages you to notify in writing within 24 hours of any dissatisfication or complaints that you may have regarding the Services in order to enable Cityflo to improve.
10) LINKS TO THIS WEBSITE
10.1. You may not create a link to any page of this website without Cityflo’s prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
11) LINKS TO THIRD PARTY SITES
11.1. Cityflo may allow you access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such third party's web site. Cityflo does not monitor or review the content of other party’s websites which are linked to from this 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.
11.2. Cityflo believes that you acknowledge that Cityflo has no control over such third party's site, does not monitor such sites, and Cityflo 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. Cityflo will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
12) LOG FILES
12.1. Cityflo may use Subscriber’s IP addresses to analyse trends, administer the site, track user‟s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, Cityflo’s web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Cityflo on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
13.1. These Terms appy to all Cityflo Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by you.In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
14) AMENDMENT TO TERMS
14.1. Cityflo may change, modify, amend, or update these Terms from time to time without any prior notification to you and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the Service. Your continuous use of the Services will signify your acceptance of the changed terms.
15) INTELLECTUAL PROPERTY RIGHTS
15.1. Cityflo is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Cityflo, its affiliates or licensor's of Cityflo content, as the case may be.
15.2. All rights, not otherwise claimed under these Terms or by Cityflo.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Cityflo 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 any of the Services contained on this web site, 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.
15.3. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site 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 Subscriber. In no event shall Cityflo be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. You hereby acknowledge that any reliance upon any content shall be at their sole risk.
15.4. Cityflo reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website. All related icons and logos are registered trademarks or trademarks or service marks of Cityflo in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
16.1. All content on this web site is the copyright of Cityflo except the third party content and link to third party web site on our website.
16.2. Systematic retrieval of Cityflo 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 Cityflo is prohibited.
16.3. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Cityflo's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. Cityflo reserves the right to terminate the account of Yours upon any infringement of the rights of others in conjunction with use of the Cityflo service, or if Cityflo believes what You are conducting is harmful to the interests of Cityflo, its affiliates, or other Subscribers, or for any other reason in Cityflo's sole discretion, with or without cause.
17.1. The Subscriber shall indemnify Cityflo from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Cityflo may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Subscriber and shall pay such sums on demand.
18.1. The information contained in this website is for general information purposes only. The information is provided by Cityflo and while we endeavour 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.
18.2. In no event will Cityflo 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.
18.3. Through this website you are able to link to other websites which are not under the control of Cityflo. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
18.4. Every effort is made to keep the website up and running smoothly. However, Cityflo takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
19.1. Cityflo shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Subscriber arising out of the use of the motor vehicle service offered by Cityflo or due to the failure of Cityflo to provide Services to the Subscriber for any reason whatsoever including but not limited to the Subscriber's non-compliance with the Service’s instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Cityflo or any person or any organization involved in the above mentioned systems.
19.2. Cityflo will not be liable for any damages of any kind arising from the use of the Service offered by the Cityflo, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
19.3. Cityflo will exclude all liability for damages arising out of or in connection with Your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Cityflo of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
20) GOVERNING LAW AND ENFORCEMENT
20.1) Governing Law and Jurisdiction
20.1.1. These Terms and related Agreements (unless otherwise specified) shall be governed by and construed in accordance with the laws of India. The Parties agree to submit to the exclusive jurisdiction of the Courts located in Mumbai, India as regards any claims or matters arising under or in relation to these Terms.
20. 2) Arbitration
Any Party (hereinafter referred to as “Claimant”) which claims that a dispute has arisen out of or in connection with the existence, validity, interpretation or implementation of these Terms (hereinafter referred to as “Dispute”), must give a written notice (hereinafter referred to as “Dispute Notice”) thereof to the other Parties as soon as reasonably practicable after the Claimant has become aware of the occurrence of the event, matter or thing which is the subject of such Dispute. The Dispute Notice shall specify the particulars of the circumstances and nature of such Dispute and of the Claimant’s claim(s) in relation thereto to resolve such Dispute through conciliation. For this purpose, the Parties shall, within 7 (seven) Business Days from the date of receipt of the Dispute Notice, designate one of their respective senior executive (or an individual who is an expert in the respective field of Dispute, in case of natural Person) as its representative for negotiations relating to the Dispute, which designated senior executive and/or the designated individual (as the case may be) must have the authority to settle the Dispute.
If, within 30 (thirty) Business Days the date of the Dispute Notice (hereinafter referred to as “Negotiation Period”), the Dispute is not resolved, the Dispute shall be referred to and finally resolved by arbitration presided by a sole arbitrator. The Claimant and the other Parties shall appoint the arbitrators within 10 (ten) Business Days from the expiry of the Negotiation Period. If the sole arbitrator has not been appointed in the manner set out above, then the sole arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
All proceedings in any such arbitration shall be conducted in English and shall be in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
The venue of the arbitration proceedings shall be Mumbai.
20.2.5 The arbitration award shall be final and binding on the Parties, and the Parties agree to be bound thereby and to act accordingly. The cost of arbitration shall be borne in the manner and by the Party as determined by the sole arbitrator.
20.2.6. Notwithstanding any provision to the contrary in these Terms, a Party may apply to any court of competent jurisdiction to seek protective orders, including injunctions and interim relief against any other Party.
20.2.7 In the event more than 1 (one) arbitration proceedings have been commenced between a Claimant and other Parties and if the Claimant and other Parties agree that there are common causes of action arising out of the Disputes, the Claimant and the other Parties to the arbitration proceedings shall request the sole arbitrator to consider having a consolidated arbitration proceeding to resolve the Dispute. The sole arbitrator appointed by the Claimant and other Parties shall decide on the procedure to be adhered to for constituting such consolidated arbitration proceeding.
21.1. Unless approved by Cityflo, the User will not be allowed to advertise or promote any services or products in any manner while using the Services provided by Cityflo.
22.1. Unless otherwise provided herein, all legal notices or other communications under or in connection with these Terms shall be given in writing and may be sent by personal delivery or post or courier or facsimile. Any such notice or other communication will be deemed to be effective, if sent by post or courier, when received by the Party to whom it is addressed and if through facsimile, on receipt of a confirmation to the correct facsimile number.
The address referred to hereinabove are:
E Wing, Tex Center, Chandivali Farm Road, Andheri East, Mumbai 400 072
23.1. Most content and some of the features on the web site are made available to visitors free of charge. However, Cityflo reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Cityflo also reserves the universal right to deny access to particular you to any/all of its Services without any prior notice/explanation in order to protect the interests of Cityflo and/or other visitors to the web site. Cityflo reserves the right to limit, deny or create different access to the web site and its features with respect to different you, or to change any of the features or introduce new features without prior notice.