Terms & Condition

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE

If you do not 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 EAGLE IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy

By accepting these User Terms, you also allow Eagle to send you promotional emails and SMS alerts from time to time. All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

I. “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Eagle.

II. “Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party / government authorities for undertaking the Ride under Applicable Law.

III. “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.

IV. “Application” shall mean the mobile application “EAGLE” updated by Eagle Enterprise from time to time.

V. “Convenience Fee”/” Access Fee” shall mean the fee payable by the Customer to Eagle for the Service i.e., for availing the technology services offered by Eagle, door to door service, wi-fi access, customer support and cashless payment options. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.

VI. “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Conditions available at

VII. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.

VIII. “City of Operation” shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Customers shall be in the same city.

IX. “Customer/ You” means a person who has an Account on the Application.

X. “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with Eagle and own the Vehicles and who have necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.

XI. “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.

XII. “Fare” shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any. In relation to Auto (a motor cab), the Fare shall be as prescribed by law and/or as stipulated by relevant authorities.

XIII. “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Eagle.

XIV. “Eagle” or “us” or “we” or “our” shall mean Eagle Enterprise, a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office in Gurugram, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

XV. “Registration Data” shall mean and may include the present, valid, true and accurate name; email ID, phone number and such other information as may be required by Eagle from the Customer from time to time for registration on the Application.

XVI. “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.

XVII. “Service(s)” means the facilitation of transportation service by Eagle through the Application or via a telephone request at the call centre of Eagle, or booking on the Site, within the City of Operation, as elaborated in Clause 4.

XVIII. “Site” shall mean the Application and the website operated by Eagle or any other software that enables the use of the Application or such other URL as may be specifically provided by Eagle.

XIX. “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.

XX. “Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.

XXI. “T&Cs” and “User Terms” shall mean these Customer terms and conditions.

XXII. “TPSP” shall mean a Driver and/or an operator associated with us offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.

XXIII. “Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act, 1988.

2. ELIGIBILITY

 

You will be “Eligible” to use the Services only when you fulfill all of the following conditions; (I) you have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.

If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, you must abide by such age limits.

3. REGISTRATION AND ACCOUNT

3.1 You understand and acknowledge that you can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.

3.2 You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.

3.3 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.

3.4 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.

3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Eagle does not want you to, and you should not, send any confidential or proprietary information to Eagle on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that you or individuals acting on Your behalf provide to Eagle other than the Permitted Information will not be considered confidential or proprietary.

3.6 It is your responsibility to check to ensure that you download the correct application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.

4. SERVICES

4.1. By using the Application or the Service, You further agree that: (i) you will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) you will not use an account that is subject to any rights of a person other than you without appropriate authorization; (iii) you will not use the Service or Site for unlawful purposes; (iv) you will not try to harm the Service, Site or our network in any way whatsoever; (v) you will provide eagle with such information and documents which eagle may reasonably request; (vi) you will only use an authorized network to avail the Service; (vii) you are aware that when requesting Services, whether by message, via Site or calling the call center of Eagle, standard messaging charges, data charges, voice charges, as applicable, of the your and Our phone network service providers, will apply; (viii) you will comply with all Applicable Law from your country of domicile and residence and the country, state and/or city in which you are present while using the Site or Service; and (ix) you are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified there under.

4.2. You agree to grant Eagle a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT EAGLE TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.

5. CONFIRMATION OF BOOKING

5.1. Eagle shall, upon receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to you vide an SMS or email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre.

6. PAYMENT

6.1. Eagle shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Eagle. The Convenience Fee or Access Fee shall be payable by you to Eagle and shall be informed to you before you begin your ride.

6.2. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.

6.3. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.

6.4. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.

6.5. The Total Ride Fee will be collected by the Driver or Eagle from you at the end of the Ride.

6.6. Eagle shall provide a receipt of the Total Ride Fee payable by you at the end of the Ride, the Convenience Fee or Access Fee raised by Eagle shall be provided to you on request. You may raise a request for a copy of the invoices from our Support team.

6.7. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee and Cancellation Fee shall be borne and payable by you to Eagle, as the case may be.

6.9. You shall choose to pay for the Service Fee by any of the following four methods:
(i) Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver.
(ii) E-Wallet payment: Eagle offers you the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site.
(iii) Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be affected using the services of an entity providing payment gateway/processor services authorized by Eagle. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the Eagle for the successful completion of payment towards Total Ride Fee to Eagle and authorize to complete such transactions.

6.10. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between you and the Payment Processor. Eagle shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.

7. CANCELLATION POLICY

7.1. You agree and acknowledge that you may cancel your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below: In hatchback/Sedan/SUV/outstation/Rental categories, Cancellation Fee will be charged

• If you cancel after 5 minutes after the cab is allotted or • If a driver cancels after waiting at Your location for more than 10 minutes • Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.

7.2. You shall be notified of the applicable Cancellation Fee in advance whenever you attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.

7.3. Eagle shall provide a receipt of the Cancellation Fee, if any, payable by you for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the TPSPs for the Cancellation Fee, and Eagle for the Convenience Fee on cancellations shall be provided to you on request. You may raise a request for a copy of the invoices from the Support page.

7.4. The Cancellation Fee shall be payable by you at the completion of your subsequent Ride.

7.5. The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms.

7.6. This Clause 7 shall not apply to corporate rides availed pursuant to the terms and conditions.

8. USER VIOLATION OF USER TERMS

8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event you are found to be involved in the activities set out above, you shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event you fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Eagle.

13. LIABILITY

13.1. The information, recommendations and/or Services provided to you on or through the Site, the Application and Eagle call center are for general information purposes only and does not constitute advice. Eagle 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.

13.2. Eagle shall not be liable for you missing trains/flights/events or delays etc, as the Service is dependent on many factors not in Eagle’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.

13.3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Eagle shall only Endeavour to get you in touch with the Driver assigned for Your Ride.

13.4. Eagle shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.

13.5. You shall take full responsibility of your items and luggage. In case of lost items inside the Vehicle during the journey, Eagle will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same

13.6. Eagle does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.

13.7. Eagle shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Eagle. Eagle will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation.

13.8. IN NO EVENT SHALL EAGLE 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 OLA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

13.9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EAGLE’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HERE UNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).

13.10. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Eagle shall be the minimum permitted under Applicable Law.

14. INTELLECTUAL PROPERTY OWNERSHIP

14.1. Eagle alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use.

14.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Eagle. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.

14.3. You may use information on the Site purposely made available by Eagle for downloading from the Site, provided that you: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.

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