Terms and Conditions

AGREEMENT FOR USE OF APPLICATION OF “KABBY” FOR SERVICES RENDERED BY “KABBY”

TERMS & CONDITIONS

This Site/Application/Services is operated by Kabby Cabs LLP(“Kabby”). These terms and conditions (“User Terms”) apply to you (as a driver or a cab owner or customer) visit to and use of the site or App , whether through a computer or a mobile phone, the service and the application, as well as to all information, recommendations and or services provided to you on or through the site, and the application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder are 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.

By clicking on the “I ACCEPT” button or by using Kabby’s services, you are acknowledging and consenting to be bound by these user terms. If You do not wish to accept any of the user terms, then please do not use the site or avail any of the services being provided therein. Your agreement to these user terms shall operate as a binding agreement between you and Kabby in respect of the use and services of the site. Your access and use of the services constitutes your agreement to be bound by these terms, which establishes a contractual relationship between you and Kabby. These terms expressly supersede prior agreements or arrangements with you, if any. Kabby may immediately terminate these terms or any services with respect to you, or generally cease offering or deny access to the services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the terms for the purposes of the applicable services.

Your acceptance of the user terms shall be deemed to include your acceptance of the privacy policy available at www.Kabby.in By accepting these user terms, you also allow Kabby to send you promotional emails, WhatsApp messages and SMS alerts from time to time.

It is hereby expressly clarified that these user terms will be applicable to all authorized users booking cabs on Kabby. This will be applicable to customers who are availing rides from third-party providers between one destination to another.

SERVICES

The Services constitute a technology platform that enables users of KABBY’s mobile applications or website provided as part of the Services (each, an “Application”) to arrange and schedule transportation with independent third-party providers of such services, under agreement with Kabby (“Third-party Service Providers”). You acknowledge that Kabby does not provide transportation and that all such transportation is provided by independent third-party contractors who are NOT employed by Kabby Cabs LLP , “ Kabby” or any of its affiliates.

FOR CUSTOMER

i. The customer will make only one account on the application or website for availing the Services provided by Kabby.

ii. The customer will ensure correct address for pick up and drop.

iii. Responsibility of luggage and belongings of the customer are his own. Kabby only facilitates the customer to find and book the ride as per customer requirements. Please do “NOT” carry any unlawful or hazardous materials. It is against the law.

iv. Customers are requested not to abuse, fight or get into an argument with the driver. In case of any dispute, please call Kabby guest support.

v. Customers are requested to pay the total fare as depicted on the mobile application at the end of each ride. Total fare will include - Charges quoted by the driver + Parking charges (if any) + Pre-wait charges (if any) + Third party charges like insurance premium (if applicable) + Past dues (if any); + Applicable taxes. In case of any dispute – please feel free to call Kabby to resolve the issue.

## Fares may vary on the basis of various market dynamics such as fuel cost, inflation, cost of living, vehicle maintenance costs, interest rates, demand and supply situation, increase in toll taxes, etc

### “Additional Fee” shall mean any toll, duty, inter-state taxes, etc. that may have been incurred in providing the services and payable to any third party/government authorities for undertaking the ride under applicable law.

vi. Customer is requested NOT to smoke or consume alcohol in the car. Most of the vehicles have CNG which can be hazardous to life and property of the customer and driver. However, drivers can be requested to halt for some time in case of urge of the same.

vii. Customer is requested to kindly give rating for the vehicle and the driver. This is a government guideline. Please adhere to it as it will make us serve you better.

viii. Customer is requested to report of any issue within 02 (two) days of the happening of the issue, failing which, such issue will not be addressed. Any issue will be reported only on Kabby app, website or email above may be addressed to Kabby only on a best-effort basis. Kabby takes no liability for inability to get back on other channels. Kabby will get back/respond to your issues within 2 (two) working days of your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis.

ix. Customer is requested “NOT” to throw any wrappers, plastic bags, tissues, fruit peels, leftover food on the roads. You are requested to collect the same and dispose it properly during halts or at the end of the ride.

x. There will be a 20-minute halt midway after every 2 hours of drive or 100 kms. This enables the driver to rest, relax and recoup himself. These halts will be combined with refuelling and food halts.

xi. As per government guidelines, please DO NOT urge the driver to drive fast. All drivers will drive within prescribed speed limit.

xii. Inspection team (inspectors) of Kabby will halt the vehicle midway for carrying out inspection of vehicle and driver. Please feel free to approach them in case of any problem.

xiii. All vehicles are being monitored. There is an emergency switch on the app for SOS. In case of emergency – please use it. Our control room will take necessary measures to contact the driver, nearest police station, third-party security providers to provide all possible assistance to you. Also, your name, mobile number, location and such other information with Kabby will be passed on to them.

xiv. Customers are requested to share their location for safety issues.

xv. Eligibility: You will be “Eligible” to use the services only when you fulfil all of the following conditions:

a) You have attained at least 18 (eighteen) years of age.

b) You are competent to enter into a contract under the applicable laws.

xvi. Please note that all customers should form only ONE account. Please provide valid and correct data for registration. All data will be stored on servers WITHIN INDIA. You are solely responsible for maintaining the confidentiality of your registration data and will be liable for all activities and transactions that occur through your account, whether initiated by you or any third-party. Your account 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 someone else using your password or account, either with or without your knowledge.

xvii. We reserve the right to suspend or terminate your account 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 account has been compromised in any way, or for any other reason We may find just or equitable.

Account Access:

In case, you are unable to access your account, please inform us at support@kabby.in with a written request for blocking your account. We will not be liable for any unauthorised transactions made through Your account prior to the expiry of 72 (seventy-two) hours after you have made a request in writing for blocking your account, and shall not have any liability in case of Force Majeure event.

Force Majeure:

We shall not be liable for any failure to perform any obligations under this user terms, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure event continues.

Indemnification:

By accepting these user terms and using the service, You the customer agree that you shall defend, indemnify and hold Kabby, its affiliates, their licensors, and each of its 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: (a) Your violation or breach of any term of these user terms or any applicable law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third-party, including the TPSPs or (c) Your use or misuse of the application or service.

Liability:

The information, recommendations and/or services provided to you on or through the site, the application and Kabby call centre are for general information purposes only and do not constitute advice. Kabby will reasonably keep the site and its contents correct and up to date but does not guarantee that (the contents of) the site is free of errors, defects, malware and viruses or that the site is correct, up to date and accurate.

In no event shall Kabby be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if Kabby has been advised of the possibility thereof.

In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Kabby’s aggregate liability arising out of or in connection with these user terms or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of Rs. 1000/- (Rupees One Thousand only).

In case any query or complaint is unresolved or if you did not receive a satisfactory response from the 24x7 support, you can escalate the matter to our Grievance Oﬃcer by sharing the details of the complaint ticket created:

Details of the Grievance officer : Ms Kanika

Location : Industrial Area, Phase – VIII, S.A.S. Nagar, Mohali. (Punjab) - 160071

Email id : support@kabby.in

Phone : 8699521153

Applicable Law and Dispute Resolution

These user terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these user terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the site, the service or the application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Kabby as Kabby may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Kabby and You. The place of the arbitration shall be Mohali, Punjab unless otherwise mutually agreed by Kabby and you in writing. Subject to the above, any dispute will be subject to the exclusive jurisdiction of courts in Mohali, Punjab, India

Your privacy matters to Kabby Cabs LLP(the “Company”, “We”, “Kabby”, or “Us”). This privacy policy explains how we collect, process, use, share and protect information about you. It also tells you how you can access and update your information and make certain choices about how your information is used.

The privacy policy covers both “Online” (e.g., web and mobile services, including any websites operated by us such as www.kabby.in or mobile application, however accessed and/or used, whether via personal computers, mobile devices or otherwise) and “Offline” (e.g., collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by the company. Our “Online” and “Offline” activities, in relation to facilitation of taxi hire services through a network of third-party drivers and taxi operators, are collectively referenced as the “Services”.

This privacy policy also applies to your use of interactive features or downloads that:

(i) we own or control;

(ii) are available through Kabby’s services; or

(iii) interact with the services and post or incorporate this privacy policy.

By accepting the customer terms and conditions, you agree to the terms of this privacy policy. Please review the following carefully so that you understand our privacy practices. If you do not agree to this privacy policy, do not accept the customer terms and conditions or use our services. This privacy policy is incorporated by reference into the customer terms and conditions. If you have questions about this privacy policy, please contact us through email address provided on our website and/or mobile application.

FOR THIRD PARTY SERVICE PROVIDERS AND DRIVERS

Registration and Account: Registration on Kabby site is free of any charges.

SERVICES

i. The services allows the customer to send a request through Kabby to third-party driver’s on the Kabby network. The driver has sole and complete discretion to accept or reject each request for service. If the customer accepts a request from the driver with his fare, Kabby notifies you and provides information regarding the driver - including driver name, vehicle registration number, type of vehicle, telephone contact details of the driver, fare and such other details as Kabby may determine.

ii. Kabby shall make reasonable efforts to bring the customer in contact with a Driver, subject to your availability (driver).

iii. Please do not smoke, consume alcohol or any other intoxicant while driving. Please drive within the designated speed limits as prescribed by law.

iv. In case of challan due to over speeding, wrong parking or any other traffic offence the payment of such challans/fines or the actions taken by law enforcement agencies (traffic police) will be entirely of the driver, third party service provider. Kabby will not be responsible for any such incidents and occurrences.

v. The driver, third-party service provider will ensure to check for any leftover luggage by the customer. In such scenario, the driver, third-party service provider will return the same to the customer.

vi. Please ensure to take a 20-minute halt midway after every 2 hours of drive or 100 kms. These halts may be combined with refuelling and food halts.

vii. Do not get into an argument or abuse with the customers. In case of any dispute, please call Kabby customer care.

viii. The vehicle will be inspected midway by Kabby inspectors, please cooperate.

ix. In case of an accident (voluntary/involuntary) the driver should immediately contact the nearest police control room/station and Kabby control room simultaneously report the incident. The driver, third-party service provider has to abide by the instructions and directions given by the law enforcement agencies. Any financial consequences arising thereafter will be entirely yours (Driver, third-party service provider)

x. It is the responsibility of the driver, third party service provider to ensure all vehicle related documents are kept valid at all times - vehicle registration certificate, vehicle inspection report, vehicle fitness report, vehicle insurance, pollution under control certificate, state tax paid receipts.

xi. All drivers, third-party service provider are responsible to hold the valid driving licence, health certificate, police verification certificate are provided to Kabby and a originals and copy kept in the taxi/cab

xii. All toll taxes will be paid by the driver, third-party service provider

xiii. You will not charge the customer any money apart from the total ride fare and parking fees/waiting charges etc.

xiv. Waiting charges will be Rs. 100.00 only per hour, and in multiple thereof.

xv. In case the customer pays cash after the ride, you are requested to pay the convenience fee charges only to Kabby.

xvi. All drivers can request updated convenience fee chart from Kabby, however, the same is also available on the Kabby application.

The above terms and conditions are subject to change . All are requested to keep themselves updated from time to time.

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