Terms and Conditions

GENERAL INFORMATION & DEFINITIONS

This website, www.pcpdynamic.co, (hereinafter referred to as "PCP") is owned, hosted and operated by Kasuba Technologies Private Limited (hereinafter referred to as KTPL ), a company incorporated in India under the Companies Act, 2013 and having its registered officeat 7-55/1,Shankar Nagar, Uppal Bus Depot, Hyderabad, Telangana, India-500098. This page explains the terms by which you may use our online services, website or any other feature extended by us in connection with the facilities provided by us (collectively the "Services").

By accessing or using the website, you signify your agreement to these Terms of Use (herein referred to as Terms ) and to be bound by them. KTPL reserves the right to update or modify these Terms at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms as and when they are changed. For the purpose of the Terms and wherever the context so requires, the words you and your shall mean any person who uses the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website. The terms User and Customer would include both the Subscriber/Advertiser(s) and Browser/Visitor(s). By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at KTPL s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with PCP or the Service in any way, your only choice is to immediately discontinue use of PCP. These Terms may be updated by KTPL at any time at its sole discretion.

This electronic record is prepared in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.pcpdynamic.com website.

By your use of this website, you confirm your acceptance and it would be accepted as would a written agreement with your signature.

DESCRIPTION OF SERVICE

KTPL enables or allows private car owners and commercial cab owners to offer carpooling service(s) which provides efficient mode of transportation for the Users in a flexible, dynamic and cost efficient manner which helps the users socially, economically, and ecologically.

Although you may be able to conduct payment and other transactions through the Website, using third-party vendors however PCP is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that PCP is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.

You understand that PCP does not control and is not responsible for ads, directory information, electronic information, messages between users, including without limitation e-mails sent from outside PCP s domain or other means of electronic communication, whether through the Website or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business information and directory information or any other material made available through the Website and the Service("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PCP be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that PCP cannot and does not pre-screen or approve any Content, but that PCP has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to PCP s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website or App may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to PCP. If you link to Third Party Websites, you may be subject to those Third Party Websites terms and conditions and other policies. PCP makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and PCP disclaims all liability thereto.

You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize PCP to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content however, by submitting any Content on the Website, you hereby grant to PCP an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, prepare derivative works of and perform the Content in connection with the Website and PCP's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by PCP in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to PCP all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose.

PCP does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and PCP expressly disclaims any and all liability in connection with user Content. PCP does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and PCP may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. PCP reserves the right to remove any Content without prior notice. PCP may also terminate a user's access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, PCP reserves the right to decide whether any Content is appropriate and complies with these Terms.

REGISTRATION& SUBSCRIPTION DETAILS

KTPL offers services to you through their Website or app once you have registered and created an account or signed up with PCP by providing PCP with the requisite information such as- name, email address, mobile number, residential address, profession, office address, office phone number etc. (collectively, the "Account Information"). PCP does not charge any subscription amount or any other fee for registering with its Website or App. However, post registration a User may be required to subscribe to one of the many plans available to make use of PCP s Services. PCP allows Users to make travel passes which are flexible in nature, as they range from daily basis to monthly basis.Furthermore, the owners of the car (both private as well as commercial cabs) who are availing the Services of PCP in order to provide Carpooling to the public at large, such owners have to strictly follow the rates prescribed by PCP, for more information refer to 'Usage of Services'.

You acknowledge that you are solely responsible for maintaining the confidentiality of the Account Information that you have provided to PCP. You agree to immediately notify PCP of any unauthorized use of your account by a third party and you acknowledge that PCP will not be liable for any direct or indirect damage caused to you as a result of such unauthorized use of Account Information or Guest Information by a third party. We reserve the right to suspend or terminate your Account and your access to the Website or App if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

When you use the Website or App you agree that you are involved in the transmission of sensitive and personal information including but not limited to Account Information (collectively "SPI") which falls within the ambit of the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. You consent to receiving communications from PCP on a periodic basis vide these SPI transmitted by you to PCP. PCP agrees to take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in consonance with the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. However, you acknowledge that PCP will not be liable for any disclosure of your SPI as a result of an error in transmission or unauthorized actions of third parties.

You may also register for an account using your existing Facebook, Twitter, Instagram, Pinterest or other platform account and log-in credentials ("Third-Party Account").You represent that you are entitled to disclose your Third Party Account login information to us and grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting us access to any Third Party Accounts, you understand that we will access, make available, and store (if applicable) any content or information that you have provided to and stored in your Third Party Account ("Third Party Account Content") so that it is available on and through your PCP account. Unless otherwise specified in these Terms of Use, all Third Party Account Content, if any, will be considered to be your content for all purposes of these Terms of Use. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your PCP account on the Website and/or App. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Third Party Account Content will no longer be available on and through the Website and/or App.

Without prejudice to the foregoing, you agree that PCP shall not be held liable or responsible for 'phishing attacks' on you. You agree that you shall not use/access this Website/ App from unsecure computers, unsecure communication links, unauthorized mobile phones. You may accept or decline the cookies when you access the Website/ App. It is the user's responsibility to set his browser to alert him to accept or to reject cookies.

USAGE OF SERVICES

The process of availing Services from Website or Application may require you to disclose confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.

That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Usage Terms, and believing the same to be true and acting on the faith thereof, PCP has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to PCP:

(a) The User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to PCP for Services ordered by the User.

(b) In the event of detecting any suspicious activity from User s account, PCP reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.

(c) In a credit card transaction; User must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to PCP. PCP shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.

(d) While using the Website/ Application User shall at all times strictly comply with the payment procedure and the Usage Terms in their entirety.

(e) Your use of the Services shall be deemed that you are fully satisfied with the description of the Services as offered to you by PCP.

(f) After registering with PCP, in order to effectively avail its Services, PCP shall provide the Logarithm for the road map which needs to be followed by the Users whilst carpooling.

(g) The owners of the car (both private as well as commercial cabs) have to strictly follow the charges prescribed by PCP while allowing the Users to avail the services of PCP.

Commercial Car Drivers/Owners INR 50 for the first five kilometres INR 5 for every additional kilometre after the first five kilometres
Private Car INR 40 for the first five INR 4 for every additional
Owners/Drivers kilometres kilometre after the first five kilometre

(h) PCP allows a User to allocate himself/herself any available seat in a given vehicle but this seat preference flexibility is subject to the following clause. Furthermore your use of the Services of PCP is only possible to the maximum extent of 2 passengers. PCP does not allow booking of more than 2 seats per vehicle for any User.

(i) In the event, the driver of the vehicle, whether of the private or commercial vehicle, is a female, such a driver reserves the exclusive right to override the seat preference of a User availing PCP Services through her.

(j) For security and authentication purposes, PCP shall use the One Time Password method to verify the User or the Driver or both.

(k) For security purposes or in the cases of emergency, a User can always use the SOS option available within the App of PCP. PCP s fundamental duty is providing safety and security to its Users.

(l) PCP shall follow a rating-merit-based system for its drivers. Drivers/owners of cars will be subject to rating and review (optional) by the User-passenger. Furthermore, drivers/owners of vehicles with higher rating shall be given preference/importance with respect to scheduled rides by any User-passenger.

(m) PCP allows its drivers flexibility by providing cancellation facility to its drivers. Drivers/owners of cars are allowed to cancel 3 bookings of carpooling per day. In the event, a driver/owner cancels more than 3 times, then it will attract a penalty or deduction as the case may be.

(n) PCP has zero tolerance towards any misbehaviour or misconduct either on part of the Users or the Drivers/Owners. In the event of any form of misbehaviour or misconduct, it shall result in cancellation or termination of Services and may also result in criminal or civil proceedings against such a contravener.

(o) PCP may in future also offer such Services on Trial basis without charging any fee or charging a discounted price or fee, however the same is subjected to the discretion of PCP. Furthermore, subject to the discretion and other terms set forth in this terms of use, PCP may offer sweepstakes or promotional offers. In the event of any cancellation or modification of the same, PCP shall not be held liable.

(p) Your use of Services shall be further conditional upon provision of Identification or Unique Identification features or proof(s) as required by the laws of the Union of India

The User agrees and acknowledges that in the Website/ Application all Services are offered only at the sole discretion of PCP.

PAYMENT DETAILS

You agree and acknowledge that you will have to make a payment for the services availed by way of your use of the Website or App. You hereby agree and understand that you will have to pay the price as mentioned on the Website/App for the concerned services.

PCP does not allow refunds on purchase(s) of any subscription plan- whether monthly or daily travel pass, irrespective of the fact whether the same was utilised by the User or not.

PCP also reserves the exclusive right to modify or alter or change any subscription fee or prices as per its own discretion. PCP accordingly may or may not provide a notice of 7 days or a week regarding such a modification or change in the price or fee. PCP shall not be held liable for any such modification or change as contemplated in this clause.

PCP accepts all forms or methods of payment i.e. via Credit Card, Debit Card, Online Banking, CC Avenue, eWallets. The aforementioned forms of making payments can be used to add credit money into PCP wallet and the same can be used while making transactions or availing services of PCP. However, you acknowledge and agree that PCP has zero liability with respect to the payment for services. The form or mode of payment is through third parties or third party websites over which PCP exercises no control. In the event a transaction is facilitated by a third party, the User is subjected to such a third party s terms and conditions. PCP therefore absolves itself of all past, current or future liabilities arising out of transactions taking place through third parties.

KTPL uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, KTPL does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by KTPL, once a credit card transaction has been completed, the payment information is not accessible to anyone at KTPL after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.

The user authorizes PCP to process any and all transactions initiated through the use of any of your SPI, digital certificate, passwords and/or pass phrases. You agree and acknowledge that the transactions may call for and require additional verification of or information from you which may also fall within the ambit of SPI and you undertake to provide complete, correct and proper information. You shall be solely responsible for maintaining the confidentiality of the SPI, digital certificate, passwords and pass phrases assigned to you. You must immediately notify PCP of any unauthorized use of your SPI, digital certificate, and passwords or pass phrases. You shall be responsible for any unauthorized activities, charges and/or liabilities made on or through your SPI, digital certificate, passwords or pass phrase. In no event shall PCP be liable to the user for the unauthorized use or misuse of your SPI, digital certificate, passwords or pass phrase or security authentication option.

In a credit or debit card transaction, you must use your own credit or debit card towards which you have a full right and authority to validly use such Credit or Debit Card for making a payment to PCP. PCP shall not be liable for any credit or debit card fraud. The liability of using a card fraudulently will be on the user and the onus to 'prove otherwise' shall also be exclusively on the user.

INDEMNITY

You agree to defend, indemnify and hold harmless- PCP, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service (ii) your violation of any term of these Terms (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.

DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law PCP, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. PCP makes no warranties or representations about the accuracy or completeness of the website's content or the content of any third party websites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. PCP does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and PCP will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event shall PCP, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if PCP has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the PCP site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that PCP shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by PCP. PCP makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

LIMITATION & TERMINATION OF SERVICES

You acknowledge and agree that PCP may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that PCP has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that PCP reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PCP shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that PCP, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if PCP believes that you have violated these Terms. Further, you agree that PCP shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.

JURISDICTION

These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and PCP and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and PCP shall be governed by the laws of the Union of India. Any claim you may have against PCP must be resolved through arbitration or any other form of alternate dispute resolution within the territorial jurisdictions of the courts of Telangana only.The failure of PCP to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.

If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. You agree that any cause of action brought by you and arising out of or related to your use of the service and/or the website must commence within a reasonable time and in any event within one (1) year after the cause of action accrues, except that PCP may commence any such cause of action in accordance with the applicable statute of limitations under Indian law. Otherwise such cause of action is permanently barred. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.

PCP respects the laws of the Union of India and submits itself to its jurisdiction. In the event wherein deemed necessary, PCP contrary to the terms and conditions set herein, shall provide the relevant information(s) or cooperate with the law enforcement agencies of the Union of India.

GRIEVANCES AND QUERIES

If you have any grievance with respect to the Website or the Service, you can contact our grievance officer at pcpdynamic@gmail.com. In order to know more about PCP, you may send an email to pcpdynamic@gmail.com.

MAINTENANCE

PCP may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User s access to PCP and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, PCP shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to PCP shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

TERMINATION & MODIFICATIONS

Furthermore, PCP reserves the exclusive right to modify or alter these Terms by providing an adequate notice of 7 days to its Users.

Either party to this agreement may terminate this Agreement by giving prior notice of 7 days in writing.

It shall be on the discretion of PCP that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the User.

However, PCP irrespective of above may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reasons whatsoever.

If in the opinion of PCP, the User has breached any of the terms and conditions of this agreement or/and if, in the opinion of PCP or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason, in that event PCP may terminate this agreement with immediate effect.