Terms & Conditions
Terms and Conditions
1. CONTRACTUAL RELATIONSHIP
2. THE SERVICES
The Services constitute (a) the technology platform that enables users of TAPZU’s mobile applications or websites (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under an agreement with TAPZU and/or certain of TAPZU’s affiliates (“Third Party Providers”); (ii) support services to the users of the Applications in relation to, among others, payment facilitation, sharing trip related details, resolving issues/queries/complaints/support tickets, arranging pickup facility for airports or such other places and other similar support services; and (iii) services of ride pass offered to the users of the Applications. Ride pass enables the users to avail the benefit of discounted rides as offered by TAPZU from time to time.
Unless otherwise agreed by TAPZU in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT TAPZU DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TAPZU OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, TAPZU grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by TAPZU and TAPZU’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by TAPZU;
(iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
THIRD PARTY SERVICES AND CONTENT.
3. YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to TAPZU certain personal information, such as your name, address, mobile phone number , as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up- to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or TAPZU’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by TAPZU in writing, you may only possess one Account.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt- out of receiving text (SMS) messages from TAPZU at any time by sending an email to support@TAPZU.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
TAPZU may, in TAPZU’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that TAPZU establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by TAPZU; (iii) may be disabled by TAPZU at any time for any reason without liability to TAPZU; (iv) may only be used pursuant to the specific terms that TAPZU establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. TAPZU reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that TAPZU determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT.
TAPZU may, in TAPZU’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to TAPZU through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to TAPZU, you grant TAPZU a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and TAPZU’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant TAPZU the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor TAPZU’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by TAPZU in its sole discretion, whether or not such material may be protected by law. TAPZU may, but shall not be obligated to, review, monitor, or remove User Content, at TAPZU’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TAPZU does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from TAPZU and / or a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Services, TAPZU will facilitate your payment of the applicable Charges received on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of such Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. All Charges will be inclusive of applicable taxes where required by law. TAPZU reserves the right to charge you amounts for, among others, applicable tolls, fees and charges incurred for the provision of services by the Third Party Providers, charges for the Services, pickup facility provided at various places, each along with applicable taxes (including but not limited to GST). Please note that TAPZU shall determine the city in which your trip commences as your address on record of TAPZU, wherever available. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. TAPZU will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by TAPZU using the preferred payment method designated in your Account, after which TAPZU will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that TAPZU may use a secondary payment method in your Account, if available. As between you and TAPZU, TAPZU reserves the right to establish, remove and/or revise the Charges for any or all services or goods obtained through the use of the Services at any time in TAPZU’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. TAPZU will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. TAPZU may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in discounted amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers,subscriptions and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to compensate the Third Party Provider and TAPZU for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, TAPZU does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by TAPZU (on TAPZU’s website, in the Application, or in TAPZU’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that TAPZU provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
CANCELLATION AND REFUND POLICY
The cancellation of any order made by You should be cancelled within 1 minute of placing the order. Any cancellation made after such period of 1m inute shall not be entertained and We shall be entitled to receive the entire amount of the order placed by You.
We are sure you would love our service. In case you were not happy with our service, let us know at firstname.lastname@example.org. TAPZU reserves the right to refund the entire amount for the order.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TAPZU 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, TAPZU 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. TAPZU 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, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TAPZU 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 SERVICES, EVEN IF TAPZU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAPZU SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TAPZU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAPZU SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TAPZU’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL TAPZU’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500). TAPZU’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TAPZU 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. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold TAPZU and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) TAPZU’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. GOVERNING LAW; ARBITRATION.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. OTHER PROVISIONS
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to TAPZU’s designated agent. Please visit TAPZU’s web page for the designated address and additional information. NOTICE. TAPZU may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to TAPZU by written communication to TAPZU's address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without TAPZU’s prior written approval. You give your approval to TAPZU for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of TAPZU’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, TAPZU or any Third Party Provider as a result of the contract between you and TAPZU or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
TAPZU GUIDELINES FOR LAW ENFORCEMENT AUTHORITIES
The following guidelines are intended to inform law enforcement about the legal process for seeking records from TAPZU. These are merely guidelines, and this information may change at any time. For private party requests, including requests from civil litigants and criminal defendants, we recommend browsing Guidelines for Third Party Data Requests.
WHAT IS TAPZU AND WHAT RECORDS DO WE HAVE?
WHAT TYPE OF LEGAL PROCESS DOES TAPZU REQUIRE BEFORE PRODUCING USER OR PARTNER INFORMATION?
We disclose business records only in accordance with our terms of service and applicable law. A valid U.S. court order (via mutual legal assistance treaty, mutual legal assistance agreement, or letter rogatory) may be required to compel disclosure of certain records. We accept non-US requests via email to Support@tapzu.in or via personal service to the following address: Fysu Food Networks Pvt Ltd, Plot: 42, Vivekananda Nagar, Hyderabad. Telangana 500072. Our acceptance of legal process does not waive any legal objections TAPZU B.V. may have and may raise in response to the request.
WHAT FORM OF REQUESTS DOES TAPZU REQUIRE, AND HOW ARE REQUESTS PROCESSED?
To respond to a request, we will need to receive the applicable process described above, as well as a valid return email address from an official government domain. We review each request for facial and substantive validity, and will reject requests that are not facially and substantively valid. Among other things, we require requests to be narrowly tailored to a legitimate law enforcement need and will reject overly broad, vague, or unduly burdensome requests. In order to make sure your Law Enforcement Request is valid and does not seek more information than necessary, we ask for the following: A sufficiently narrow/defined time period; A specific event or action that the subject took; A specific reference (i.e., you must uniquely identify a user or driver partner) We disclose data to law enforcement when we determine that we are required to do so by law. In those instances, we will search for and disclose data that we are reasonably able to locate and retrieve.
HOW DOES TAPZU HANDLE EMERGENCY REQUESTS?
We have a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a user, driver partner, or third party or stopping illegal activity that poses an immediate threat of death or serious bodily harm. Requestors must submit an Emergency Request Form (which can be requested through Support@tapzu.in) that describes in detail the nature of the emergency, and we review these requests on a case-by- case basis. Law enforcement can submit an emergency request by emailing Support@tapzu.in. Please note that we will only review and respond to emergency requests from law enforcement, and will not respond to emergency requests sent to this address by non-law enforcement officials. Non-law enforcement officials aware of an emergency situation should immediately and directly contact local law enforcement officials.
DOES TAPZU NOTIFY INDIVIDUALS OF A LAW ENFORCEMENT REQUEST FOR INFORMATION RELATING TO THEM?
Yes, we may notify subjects before producing their information to law enforcement, unless we are prohibited by law from doing so, or in exceptional circumstances such as emergencies. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.
DOES TAPZU PROVIDE A CERTIFICATE OF AUTHENTICATION OR EXPERT TESTIMONY?
We may provide a certification from our records custodian but are not generally able to provide in-person or expert witness testimony. Law enforcement officials with questions about these guidelines should email Support@tapzu.in. Please note that we will not respond to non-law enforcement inquiries received at this email address. For non-law enforcement inquiries, please see Guidelines for Third Party Data Requests.