General Terms of Use
These Terms of Use (“Agreement”) govern Your use of QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDmobile applications, websites, products, services, content, facilities, and platform (collectively, the “Platform”).
The company that you are contracting with depends on where you are resident. In India, Your contract is with INDSYSTEMS IT PRIVATE LIMITED (“QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED”, “we”, “us” or “our”).This Agreement is a contract between Indsystems IT Pvt. Ltd. having its registered office at First Floor, Building No.3, KH No 385, Plot no. 2, 100 FT Road, Ghitorni, MG Road, South west Delhi – 110030 and You (this term shall include all variations including “Your” and “Yours”) and governs Your use of the Platform.
By accessing or using the Platform You acknowledge that You accept all the terms and conditions contained in this Agreement. You should read all these terms carefully. You agree that this Agreement shall form a binding legal contract between You and QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDand shall include the additional terms and conditions and policies as may be reference herein.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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.
Please ensure that You read and understand all the terms under this Agreement before You use the Platform. If You do not wish to accept any of the terms under this Agreement, then please do not use the Platform or avail any of the Services being provided therein. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDmay amend the terms under this Agreement from time to time. Amendments will be effective upon QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Platform and/or Services after such posting constitutes Your consent to be bound by the updated terms, as amended.
This Agreement expressly supersedes prior agreements or arrangements with You. We may immediately terminate this Agreement with respect to You, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason.
Supplemental terms may apply to a particular category within the QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDPlatform such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to You in connection with the same such as such as QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.Courier, QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.Intercity, QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.Freight. Our collection and use of personal information in connection with the Platform and the Services is as provided in Privacy Policy.
1. Independence for Drivers. Choices for Passengers
1.1. Our Platform constitutes a technology platform that links independent third-party providers of transportation, logistics, or courier services (“Drivers”) and their clients (“Passengers”) with each other to arrange and schedule transportation and/or logistics services. When Passengers request a ride they offer their price for the Driver’s services. The Drivers who see the request can either agree to the offered price or make a counteroffer. The Driver has sole and complete discretion to accept or reject each request.For the purpose of this Agreement the Driver and Passenger shall be collectively referred to as User.
1.2. The Passenger is free to choose the Driver from the list of Drivers who indicated their interest in accepting the ride request initiated by the Passenger. When a Passenger chooses a Driver to provide the transportation and/or logistics services they enter into a separate agreement formed solely between them. The terms of the same are decided solely between the Passenger and the Driver and You acknowledge and agree that QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDis not a party to such a contract.
1.3. You acknowledge and agree that QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDdoes not provide the transportations and/or logistics services or functions as a transportation carrier. All transportation and/or logistics services on our Platform are provided by the Drivers i.e independent third-party contractors who are not employed by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED. You agree that QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDhas no responsibility or liability to You related to any transportation, goods or logistics services provided/availed by You other than as expressly set forth in this Agreement.
1.4. The Passenger must pay the Driver the price that both of them agree on via the Platform. This agreed price includes all charges associated with the ride (fees, tolls, levies, taxes, etc.). QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDdoesn’t participate and doesn’t in any way affect the settlement between the Driver and the Passenger.
1.5. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDis a technology company that does not provide transportation, logistics, courier or any related services but provides a technology platform that enables users of the Platform to arrange and schedule transportation and/or logistics services using the Platform. Each Driver i.e independent third-party contractor provides the transportation, logistics, courier or related services (“Services”).
1.6. The Services are provided by independent Drivers that we do not control. Any decision to offer or accept the transportation and/or logistics services is an independent decision made in each User’s sole discretion at User’s own risk. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDdoes not direct or control Drivers generally or in their provision of the Services. Any feature, process, or other effort that we undertake to enhance Your enjoyment of our Platform, is not an indication of any employment or agency relationship with any User of the Platform.
1.7. This Agreement does not supersede or otherwise impact the enforceability of any agreements Passengers may have with Drivers regarding the Services.
1.8. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDwill reasonably keep the Platform and its contents correct and up to date but does not guarantee that (the contents of) the Platform is free of errors, defects, malware and viruses or that the Platform is correct, up to date and accurate.
1.9. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDdoes not charge any commission/license fee from the Passengers.
1.10. Payment terms applicable on Drivers
After successful completion of Your account registration as a Driver to use the Platform, You will be required to maintain a minimum balance ( the minimum balance amount can be zero (0) or can changed at any time upon the sole discretion of QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED) in the drivers wallet in your personal account (“Drivers Wallet Account”), which is an electronic money account provided by third-party payment service partners, enabling You to pay for and use the Platform to provide your Services.
The funds in Your Drivers Wallet Account can be used by You to accept ride bookings using our Platform. In the event there are any funds stored in Your Drivers Wallet Account including the minimum balance amount, You agree and acknowledge that no interest shall accrue on such balance kept in your Drivers Wallet Account. In order for You to accept any new ride from a Passenger You have to ensure that Your Driver Wallet Account always has the minimum balance amount which is required. Once the balance in Your Drivers Wallet Account is negative You will not be able to accept any ride bookings and QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDfurther reserves the right to deduct its license fee from the balance amount once You top up the same.
QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDshall deduct the license fee automatically from the funds in Your Driver Wallet Account on the occurrence of the following events:
- After accepting the ride booking, when You reach the pick-up point;
- press the “I’m here” button;
- call the passenger (only in Chandigarh)
Top Up of Drivers Wallet Account
You can top up Your Drivers Wallet Account at any time by clicking on the “My Account” tab which shall redirect you to Your personal account, where You can see Your balance, status of returns and other similar information. For quick access, You can also click on the “Payment” button in the lower right corner when You are using the QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDapplication in “City” mode. This will directly take You to Your personal account.
In Your personal account You will be able to top up Your Drivers Wallet Account using various payment methods such as bank transfers, cards and/or wallets (as available).
If after making the payment, the amount has not been credited to Your Drivers Wallet Account within twenty-four (24) hours, please contact QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDtechnical support by writing to us at support@QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.com.
Refund
You shall be eligible for a refund of the license fee, if a ride is cancelled due to the following events
- if the passenger did not appear upon Your arrival. In such an event please tap the “Cancel” tab and choose the “Passenger didn’t show up” option.
- passenger cancelled the ride, before they press the “I’m coming” response
QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDshall refund the amount of the license fee deducted by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDfrom the Driver’s Wallet Account. Each license fee will be refunded separately within thirty (30) days after the ride booking was cancelled.
ATTENTION: In case the passenger cancels the ride before clicking the "I'm coming" response or does not come, please report such case by clicking the "Passenger did not come out" button. In case you click the "Complaint" button, You shall not be entitled to any refund. The "Complaint" button is used to report complaints about the passenger.
In the event the ride is cancelled after You make a call to the passenger, the license fee shall not be refunded.
For all refund related queries and support please write to us at support@QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.com.
Refund of amount in Drivers Wallet Account after deactivation of Driver’s account
Unless terminated explicitly, this Agreement between You and QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDis perpetual in nature upon use of the Platform and for each Service booked on the Platform. You are entitled to terminate the Agreement at all times by deletion of Your account, thus disabling the use by You of the Platform
At any time if You wish to delete Your account registered with QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED, You shall have to request deletion of the account and cancellation of the license agreement from Your mobile application via the “Feedback” tab in the mobile application.
If Your account has any undisputed and unused funds, you can write an email to QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDat support@QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.com in order to seek refund of such undisputed and unused amounts. Please ensure that the written request also has details of Your bank account details for us to process the refund.
QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDretains the right to deduct any amount from such unused funds where the same are required to fulfill Your obligations or settle any debts and/or liabilities that QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDmay have incurred due to Your use of the Platform.
You acknowledge, understand and agree that any claim or action arising out of or related to the undisputed and unused amount in Your Drivers Wallet Account post deletion of Your Account must be filed within 3 years after said claim or cause of action arose or shall be forever barred.
All refund shall be disbursed to the bank account provided by You and not via cash. Refund of all undisputed amounts will be disbursed within ten (10) working days of the receipt of Your request in writing.
Subject to the terms of this Agreement, in the event of any change in the payment terms including but not limited to the license fee, we shall communicate the same to You and it is your obligation to review these terms and conditions regularly. Your continuous use of the Platform shall be deemed as Your acceptance of such change.
1.11. Drivers are responsible for the collection and remission of all applicable taxes associated with the Services through the use of the Platform. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDwill not be held accountable in relation to any transactions between Passengers and Drivers where tax related misconduct has occurred.
1.12. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED, at its sole discretion, may, from time to time, make available promotions, discounts, referral programs and loyalty programs (hereinafter - Offers) with different features to any Passenger or Driver. Such Offers may affect or be applied towards service payments or ride's price, reducing said amounts, and are made in Bonuses.
1.13. Bonuses are valid only for use in the QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDapp, are not transferable or redeemable for cash. Bonuses can be used to pay for the license fee on Drivers orders.
1.14. More information regarding Offers may be provided in a notice inside the app or by any other means of communication mentioned in this Agreement. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDalso reserves the right to withhold or deduct Bonuses or other benefits obtained through Offers in the event that QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDdetermines or believes that the redemption of the Offer or receipt of the Bonuses was in error, fraudulent, illegal, or in violation of the applicable promotion or these Terms. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDreserves the right to terminate, discontinue, modify or cancel any Offers at any time and in its sole discretion without notice to the user.
2. Your QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDAccount
2.1.To access the functionality of the Platform, You must create an account with us. In order to create and maintain Your QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDAccount with us, You represent and warrant that You:
(1) are at least 18 years of age;
(2) have the legal capacity to enter into a legally binding agreement under applicable law of India;
(3) shall ensure that Your device meets all technical and operational specifications required to the use the Platform. These specifications are subject to change from time to time. The use and performance of the Platform may be affected by these factors. To ensure compatibility with these specifications is solely Your responsibility.
2.2. In order to create and use an QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDAccount You shall have to register Your account with us. For opening an account and in order to prevent fraud, to ensure Your security and comply with anti-money laundering, sanctions laws and regulations (as applicable), we will ask for Your name, email address, postal address, date of birth, and/or any other information that will allow us to identify You. You agree that You will provide accurate and up-to-date information about Yourself and You authorize us to take whatever actions we deem necessary to verify the accuracy of any information submitted in conjunction with Your account. You also agree to provide us with reasonable assistance in verifying such information upon our request.
2.3. We shall bear no liability for false, incomplete, old or incorrect information and/or data provided by You while opening Your account.
2.4. Any instructions transmitted to us and/or any other third-party entities from Your account, shall have full legal effect, and You may not invoke the lack of signature of any document as a way to exclude Your responsibility for the obligations assumed according to the validly transmitted and executed instructions
2.5. You are solely responsible for maintaining the confidentiality of Your account and any information submitted by You. 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.
2.6. We offer different types of accounts depending on whether You use the Platform as a Passenger or as a Driver. To create a Driver account, You must provide us with additional information, data pertaining to your eligibility as a Driver, Vehicle requirements and pass the verification process.
2.7. 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 any information and/or 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
2.8. You agree to comply with all applicable laws when providing/using the Services and the Platform, and You shall only use the Platform for lawful purposes. You will not, in Your use of the Platform, cause nuisance, annoyance, inconvenience, or property damage. In certain instances, You may be asked to provide proof of identity to access or use the Platform, and You agree that You may be denied access to or use of the Platform if You refuse to provide proof of identity.
2.9. We allow You to open only one account in association with registration information provided by You. In case of any unauthorized use of Your account please immediately reach Us at support@QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.com.
2.10. If You use the Platform in another country, You agree to be subject to QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED's terms of use for that country.
2.11. You may not authorize third parties to use Your Account, and You may not allow persons under the age of 18 to receive transportation or logistics services from Drivers unless they are accompanied by You. You may not assign or otherwise transfer Your account to any other person or entity.
2.12. You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network’s data and messaging rates and fees may apply if You access or use the Platform 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 Platform and any updates thereto. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDdoes not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
2.13. You must promptly update Your details if they change. If Your mobile number changes, notify us as soon as possible. If You no longer use Your number, Your mobile operator may issue it to a new person who, when using the Platform, may access Your account.
2.14. You may not authorise others to use Your account. You must maintain security of access to Your device and secrecy of Your login information. You will be responsible for all activity that occurs under Your account. If You suspect that any third party knows Your password or has accessed Your account, please let us know by contacting support@QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.com.
2.15. You may delete your account at any time. You can do it in the app settings or by contacting user support (support@QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.com). In some cases, we will be unable to terminate Your account or may retain certain information for legitimate purposes, such as to prevent fraud and ensure safety of our users, comply with legal obligations, or manage any unresolved claims or disputes. Please refer to our Privacy Policy to understand how we treat Your information after account termination.
2.16. Accounts that have been inactive for over 3 years may be deleted. We have the right to terminate or suspend access to your account (see section “QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED’s rights”).
3.1. The health and safety of QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDUsers is our priority. We take reasonable steps to keep the Platform a safe and secure environment for our Users. For example, we review and obtain documents of all Drivers before allowing them to provide their Services. Additionally, we may conduct spot checks to verify that the Driver’s account is used by the Driver who registered it, and that the Driver uses the vehicle associated with this Driver’s account. We may ask Passengers to pass a liveness check or verify their identity by providing a government issued ID number.
3.2. Despite our best efforts, we acknowledge the limits of an online platform’s ability to facilitate offline safety. We have no control over the quality or safety of the transportation that occurs as a result of the Services. You acknowledge and accept the same.
3.3. We cannot guarantee that each Passenger or Driver is who he or she claims to be. Please review the photos of the Driver or Passenger You see on the Platform to make sure it is the same individual You see in person. But if You notice that the Driver who arrived to You is different from the Driver in the QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDapp, please refrain from using the Service from such Driver and report to QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDand we will investigate and apply liability measures to such Driver.
3.4. We urge You to exercise caution and care when interacting with other Users. You avail and provide Services at your own risk.
3.5. In case of any suspected threat to health or safety, immediately report it to user support (support@QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.com) or use the “SOS button”.
3.6. The SOS button has two options:
1) Option 1 gives You an opportunity to call the police
If You click the "Call the police" button, a standard dial bar with an auto-fitted police number will open.
2) Option 2 gives You an opportunity to share Your ride information with a number from Your contacts.
If You click on the "Send ride information" button, the selection panel of the recipient of the ride information opens and then the information about Your ride is sent to the number specified by You.
3.7. We try to do our best to keep our app safe and convenient for You. Therefore, we are constantly improving and modifying user verification systems and the functionality of our application.
4.1. While using the Platform, You shall not:
1. Violate any provision of this Agreement;
2. Violate any applicable law, court order, or government regulation;
3. Provide any false personal information, or any information, content, or material on account of a third- party without permission
4. Attempt to access our Platform except as expressly permitted by this Agreement, or attempt to interfere with, damage, disrupt, or impede the operation of the Platform and its services and systems in any way;
5. Use the Platform in a way that is illegal, fraudulent, defamatory, abusive, harassing, threatening, or obscene, or violates the rights of any third-party;
6. Reverse engineer, disassemble, decompile, copy, clone, modify, distribute or commercially exploit in any way the Platform or any portion thereof;
7. Transmit or facilitate the transmission of any malware, viruses, Trojan horses, or other program of a harmful or destructive nature;
8. You shall not smoke, drink or carry any contraband substances in the Vehicles or misbehave with any User or distract the Driver or act in violation of Applicable Law.
Compliance with rules and regulations – You shall not use the Platform in a manner that exceeds the rights granted for Your use as provided under this Agreement. You agree that You will comply with all applicable laws, our policies, procedures, and instructions as published on our Platform or made available to You from time to time.
In addition to the obligations under Clause 4.1 above, By providing the Services as a Driver, You represent, warrant, and agree that:
a. You possess a valid driver’s license and all other required permissions and authorizations to provide the Services, You are medically and legally fit to provide the Services;
b. You own, or have the legal right to operate, the vehicle You use to provide the Services; such vehicle is in good operating condition and meets the statutory and industry safety standards and requirements;
c. You will only provide the Services using the vehicle that has been reported to QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED;
d. You will not permit anyone to accompany You in the vehicle while providing the Services,
e. You will not provide the Services while under the influence of fatigue, alcohol or drugs, or otherwise engage in unsafe or illegal behavior while providing the Services;
f. You will not discriminate against Passengers;
g. You will not request any additional payment in addition to the price agreed on with the Passenger via the Platform;
h. You will be responsible to calculate, charge and pay to the authorities all applicable taxes envisaged by the respective legislation in the respective jurisdiction arising from the provision of the services to Passengers;
i. You will comply with our reasonable requests to provide information in connection with the Services and Your use of the Platform;
j. You shall not use information You obtained via the Platform for any purpose not related to the use or provision of Driver’s services, or for any purpose not agreed upon.
k. You comply with the requirements of all applicable laws related to anti-money laundering, sanctions, anti-corruption, anti-bribery, countering illegal trade and countering terrorist financing, prohibiting the use of child or forced labor, proper and not to take any action that may lead to a violation of such laws, not to facilitate, encourage or induce anyone to participate in such activities.
l. You will comply with QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDpolicies applicable in your country.
m. You will provide the Service as per the terms agreed between You and the Passenger in accordance with this Agreement and applicable laws.
5. Driver and Passenger Communications
5.1. You shall treat other QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDUsers with respect. You can only communicate with other Users for the purposes related to the provision/availing of Services. You shall not share any unnecessary contact information. Communication should end when the Service is complete, unless it is to return a lost item. Any other communication may be seen as harassment and may lead to suspension or termination of Your account with us.
5.2. You shall ensure that no communication shall be inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise in any manner unlawful.
5.3. We enable Users to communicate on the Platform, for example, via comments, in-app chat or in-app calls (availability of these features depends on your location). We have the right to monitor and record your communications with other users on the Platform to review compliance with this Agreement.
5.4. Where this functionality is available, You may contact the other user via their mobile number provided in the app interface. In this case mobile charges set by Your mobile carrier will apply.
5.5. You shall not use the information received by You while providing/availing Services in any manner which is unlawful and/or offensive.
6. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED Communications
6.1. We may send You operational notification about Your account or Services You’ve provided/availed, updates about QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDand the Platform, request for feedback, and marketing communications. We may contact You via e-mail, SMS, phone, and push notification. For the types of communications that require Your consent, we will observe local laws and give You an option to opt-out.
7. What you can’t do on the Platform
7.1. You must not use the Platform to:
● do anything illegal and/or offensive to generally accepted public standards;
● do anything that violates the terms under this Agreement or any other Platform rules and QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDPolicies;
● use Platform for any purpose not intended by these terms under this Agreement;
● transfer or sell Your account, password or identification to any other party;
● impersonate another person or disguise Your identity, use or attempt to use another user’s account;
● solicit others to engage in illegal or dangerous activities;
● stalk, threaten, or harass others;
● upload any content on the Platform which is inaccurate, inappropriate, infringes anyone’s rights (such as intellectual property, privacy or personality rights) or is otherwise illegal;
● undermine the Platform’s operations or security, attempt to gain unauthorised access to the Platform or its related systems or networks;
● extract any data or content from the Platform;
● create liability for QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDor cause us to become subject to regulation as a transportation carrier or provider of taxi service.
Zero Tolerancy
QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDexpects Users to comply with all state, federal, and local laws when it comes to availing and providing Services using the Platform. Discrimination of any kind is not tolerated by the Users.
This includes refusing to provide/avail Services to/from Users based on characteristics protected under federal law. These characteristics include, but are not limited to:
- Race
- Color
- Religion
- National Origin
- Age (40 and over)
- Gender
- Sexual Orientation
- Gender Presentation
- Pregnancy
- Citizenship
- Disability
QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDhas a zero tolerance policy towards discrimination and unlawful conduct of any kind. In case of receiving a complaint from a user about such behavior that violates the rules specified in the section QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDreserves the right to take appropriate action against the offender up to blocking the User's access to the account registered on the Platform.
If You were denied service due to any of the factors mentioned above, please let us know by email at support@QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.com.
We don’t tolerate discriminatory conduct or behavior. Do not discriminate against someone based on traits such as their age, color, disability, gender identity, marital status, pregnancy, national origin, race, religion, sex, sexual orientation, or any other characteristic protected under the law of India.
For example, it is unacceptable to: Refuse to provide services based on characteristics like a person’s color, age disability, marital status, national origin, gender identity, race, religion, sex, sexual orientation, or any other characteristic protected under the law of India.
8. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED’s rights
8.1. We have the right to investigate any suspected breach of the terms of this Agreement. While we do so, we are allowed to suspend Your access to some or all the features of the Platform, acting reasonably and objectively depending on the seriousness of the suspected breach.
8.2. We, subsequently, might determine to temporarily or permanently suspend or terminate Your account, or impose limits on, or restrict Your access to features of the Platform if:
● we determine, acting reasonably and objectively, that You are in material or repeated breach of this Agreement or other QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDrules and policies;
● we have objective grounds to reasonably believe that You are about to seriously breach the terms under this Agreement
● we are legally required to do so;
● it is reasonably required in response to dealing with a serious technical, safety or security issue.
8.3. If we have previously terminated Your account for breach of this Agreement, You are not permitted to use our Platform again by registering with a different number/email address. However if You use our Platform again (for example, by opening another account), we are entitled to suspend or terminate any such accounts, at our sole discretion.
8.4. If You think we have made a mistake in suspending or terminating Your account, You can appeal through support@QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.com.
9.1. You are responsible for the information, files and images (collectively, “Content”) that You make available on the Platform. You must ensure that Your Content does not violate laws or anyone's rights. We do not undertake to review the users’ Content and do not assume any responsibility for it. We may remove or restrict access to any Content, if we reasonably believe it is in breach of the terms under this Agreement, or it causes harm to QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED, our users or other third parties.
9.2. We do not own Your Content. By making Content available on the Platform You grant QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDa perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use Your Content, including to reproduce, adapt or make derivative works, perform and communicate Your Content to the public, for the purposes of operating, developing and providing the Platform.
10.1. The Platform contains content (such as design, images, sounds, texts, databases, computer codes, registered and unregistered trademarks and other similar objects) owned or licensed by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED, which is protected by copyright, trademark, patent, trade secret, and other processes. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDand its licensee , where applicable, own all rights, title, and interest, including all related intellectual property rights, in and to the Platform (software and/or the app and by extension, the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform).
10.2. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDgrants You a limited, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use the Platform on your personal device only for the purpose of using the Platform; and (b) access and view any Content or materials that may be made available through the Platform, in each case only for Your personal, non-commercial use. All rights not expressly granted to You herein are reserved by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDand/ or QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED's licensee.
10.3. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDdoes not grant to You any license, express or implied, to the Intellectual Property of QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED. For the purpose of this Agreement Intellectual Property shall be defined as “Intellectual Property” - means all of the following owned by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED(a) filed, registered and unregistered trademarks, service marks, trade names, logos and goodwill associated therewith; (b) patents, patentable inventions, computer programs, source code and software; (c) databases; (d) trade secrets; (e) copyrights in all works, including software programs; and (f) domain names(g) marks, source code, object code, data, works, including but not limited to look & feel, layouts, information, text, data, music, video, images, scripts, designs, graphics, button icons, instructions, and illustrations. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDwill own and retain all rights, title, and interest in and to the Platform and related Intellectual Property (except for any third-party Intellectual Property included therein, which shall be owned by such third-party), including all data (including any usage data and compilations thereof), information and software related thereto. You are not permitted to use our Intellectual Property without our express consent. You agree not to copy, redistribute, modify, disassemble, reverse engineer, decompile, publish, create derivative works or otherwise exploit any Intellectual Property in violation of the Intellectual Property rights of QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDor any other third-party.
10.4. You may not, and may not allow any other person to: (a) modify, reproduce, create derivative works based on the Platform; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover or change the source code of the Platform to build a competitive product or service, build a product using similar ideas, features, functions, or graphics, copy any ideas, features, functions or graphics; (c) frame, link to or mirror any part of the Platform on any other server or wireless or internet-based device; (d) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED.
11.1. You agree and consent to QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDusing and processing Your personal data for the purposes and in the manner as identified hereunder.
11.2. For the purposes of this Agreement, “Personal Data” means information about You, from which You are identifiable, including but not limited to Your name, identification card number, address, telephone number, gender, date of birth, email address, any information about You which You have provided to QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDin registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDfrom time to time and includes sensitive personal data, or as defined under applicable law.
11.3. The provision of Your Personal Data is voluntary. However, if You do not provide QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDwith Your Personal Data, Your access to the Platform may be incomplete and QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDwill not be able to process Your Personal Data for the Purposes outlined below and may cause QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDto be unable to allow You to use the Platform and the Service.
11.4. You agree that QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDmay send You push notifications and e-mails, contact You by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by You or on Your behalf in connection with an QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDaccount, including for marketing purposes. You understand that You are not required to provide this consent as a condition of purchasing any property, goods or services.
11.5. Collection and use of Personal Data in connection with the Services is described in QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDPrivacy Policy located at Privacy Policy. By agreeing to this Agreement, You are also expressly indicating that You have read the Privacy Policy and are agreeing to the terms as mentioned in the Privacy Policy.
12. License Grant and Restrictions
12.1. License. Subject to Your compliance with the terms under this Agreement, QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDgrants You a restricted, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use the Platform on Your personal device only with the purpose to use the Platform to avail/provide Services; and (b) access and view any content or materials that may be made available through the Services, in each case only for Your personal, non-commercial use. All rights not expressly granted to you herein are reserved by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDand QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED’s licensors.
12.2. Limitations and restrictions. You are not allowed to: (a) remove any copyright, trademark or other proprietary notices from any part of the Services; (b) modify, create derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Platform except as may be permitted by applicable law; (d) frame, link to or mirror any part of the Platform ; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Services or intentionally overloading or hindering the operation and/or functionality of any aspect of the Services and/or Platform ; or (f) try to gain unauthorized access to or attempt to damage any part of the Platform or its related systems or networks.
12.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform and/or the software associated with the Platform (“Software”) in any way; (ii) modify or make derivative works based on the Platform and/or the Software; (iii) create internet “links” to the Platform or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Platform and/or Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Platform and/or the Software, or (c) copy any ideas, features, functions or graphics of the Platform and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Platform.
12.4. You may use the Software and/or the Platform only for Your personal purpose and shall not use the Platform to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Platform or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Platform or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
You should abstain from any conduct that could possibly damage QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED's reputation or amount of being disreputable.
13.1. You agree to defend, indemnify and hold QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDand its affiliates, subsidiaries and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) Your use and/or misuse of the Platform or the Services; (b) Your breach or violation of any law and/or any of the terms under this Agreement, any applicable law or regulation, or the rights of any third party; (c) The actions or inactions leading to any third party claims against QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED (collectively, “Losses”).
14.1. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDshall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors beyond the control of QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED. 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 unexpected delays.
14.2. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDshall not be liable for any damages resulting from the use of or inability to use the Platform, including damages caused by wrong usage of the Platform.
14.3. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDshall not be liable for any damages, liability or losses arising out: (i) Your use of or reliance on the Service ; or (ii) any transaction or relationship between Driver and Passenger
14.4. You shall take full responsibility of Your items and luggage. In case of lost items inside the vehicle during the journey, QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDwill 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. If You leave any goods in the vehicle or have any complaint in respect of the Services or the use of the vehicle, You shall inform us of the same immediately.
14.5. Without limiting the application of any laws and regulations all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or noninfringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent.
14.6. To the maximum extent permitted by law, in no event shall QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDbe liable to You or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential, or other damages or losses of any type or kind (including but not limited to personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage), whether arising in contract, tort (including negligence) or otherwise arising out of, or in any way connected with the Platform, including but not limited to the use or inability to use them, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any Driver even if QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDhas been previously advised of the possibility of such damages.
14.7. Disclaimer
You agree that QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDis merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDdoes not endorse, advertise, advise or recommend You to avail the Services of any Driver. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDalso does not guarantee or provide assurance in respect of the behaviour, actions or data of the Users posted on the Platform
All images, audio, video and text in the Platform are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
14.8. No joint venture, partnership, employment, or agency relationship exists between QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDand any of our users (including both Passengers and Drivers). To the maximum extent permitted by law, QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDis not responsible for the acts or omissions of any Driver or Passenger or any of the Services. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDwill not be a party to disputes or negotiations between Platform users. You expressly waive and release QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDfrom any and all liability, claims, causes of action, or damages related to your use of the Platform in dealings with other Platform users.
14.9. While any other third-party services are available in the Platform, certain third party services or content are only accessible by exiting the Platform. Once you click on a link to access such kinds of Services, you will be subject to the terms and conditions and privacy policy of that website, destination, or the independent service provider, which are different from QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDwill not warn You that You are subject to the terms and conditions (including privacy policies) of another website, destination. You use all links in third-party websites and advertisements at Your own risk as these are not part of the Platform and are not controlled by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED. In no event shall QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDbe responsible or liable for any products or services of such third-party providers.
15.1. Governing law and arbitration. This Agreement is governed by the law of India. If we have a dispute, we will first try to resolve it with You amicably, in accordance with applicable law. All disputes or claims arising out of or in connection with these Agreement, including disputes relating to its validity, breach, termination or nullity, shall be finally referred to and settled for arbitration under the Arbitration and Conciliation Act,1996 to be adjudicated by a sole arbitrator to be appointed by us. Arbitration shall be held in New Delhi, the proceedings of arbitration shall be held in English. The arbitrators award shall be final and binding.
15.2. All disputes shall be settled within one month by way of mutual understanding or by a grievance officer as appointed by us.
15.3. In addition the above remedies, QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDshall be entitled to an interim injunction, restraining order or other equitable relief that a court of competent jurisdiction may deem necessary or appropriate to restrain any User from committing any violation of the law or any covenant and obligations set under this Agreement. These remedies are in addition to any other rights that we may have at law or in equity.
16. Changes to these Terms or the Platform
16.1. We may make changes to this Agreement or the Platform from time to time. When we update the terms under this Agreement, we will post their latest version in our app and our website.
16.2. If You would like to keep using the Platform after we introduce changes to this Agreement or the Platform, You will need to agree to the changes by continuing to use our Platform. If You do not agree to such changes, You will have to stop using the Platform.
16.3. Unless material changes are made to the arbitration provisions, You agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).
17.1. We promise to provide the Platform to You with reasonable skill and care. Note, however, that we provide the Platform “as available” or “as is”. It means that we make no implied representation, warranty, or guarantee as to the reliability, security, timeliness, quality, suitability, availability, accuracy or completeness of the Platform.
17.2. Please keep the Platform updated to its current app version and ensure compatibility of Your device. We advise You to use the Platform with a data plan with unlimited or very high data usage limits.
17.3. The Platform may contain links to third party websites, advertisements, services, offers or other events or activities that are not provided, owned or controlled by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED. You use them at your own risk.
17.4. Nothing in these Terms affects any statutory rights that you cannot contractually agree to alter or give up. You will always have the full protections of the laws that apply to You.
17.5. Force Majeure. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDshall not be liable to You or any other party if we are delayed or unable to fulfill our obligations under this Agreement or under any applicable law due to any abnormal and unpredictable events beyond our control, including but not limited to Acts of God, strikes, labor disputes, war, terrorism, equipment breakdown , internet connection unavailability and the like, if the respective consequences of such events could not have been avoided despite all of our efforts or if we are bound by other legal obligations.
17.6. Severability. If any provision contained in this Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
17.7. Waiver. Failure by QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDto exercise or enforce any provision of this Agreement shall not be deemed to be a waiver of future enforcement of those or any other rights under this Agreement.
17.8. Construction. Section headings are for convenience only.
17.9. You shall not assign Your rights under this Agreement without prior written approval of QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED. QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITEDcan assign its rights under this Agreement without any prior written consent or notice.
Contacting QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED
Contact
QIKBUK MOBILITY AND LOGISTICS SOLUTION PRIVATE LIMITED,Khewat no. 428/38 Rajiv Colony Gurugram Gurgaon HR 122001 IN