This Terms and condition is applicable to all our offers given via Call / Website. If you do not agree with the Terms of Use, please do not access and use this Call / Website / Application (as hereinafter defined).
Please read these terms and conditions carefully before making any booking, as they contain important information about your rights and obligations.
By making a booking with us, you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.
All our drivers are under obligation to the company not to solicit our customers directly or indirectly for any driver services. Also our customers are obligated not to employ any drivers of Drivers Katta / MY CHOICE ENTERPRISE on permanent or temporary basis without the consent of the company. The company reserves the right to cancel a confirmation made for a booking any time unilaterally owning to reasons beyond the company's control and purview. The company is not liable for any damages either material or otherwise that might have been caused to the customer in such occasions.
By registering as a Customer or Client (as defined below) of Drivers Katta / MY CHOICE ENTERPRISE The parent company and brand owner of www.driverskatta.com (alternatively referred to herein as “DK”, we”, “us”, or “our” as the context requires) on www.DriversKatta.com, or any other website / Application owned, licensed, or otherwise operated by DriversKatta.com (collectively, the “DK Website/ App”) or any other part of the DK Platform (as defined below), you (hereinafter alternatively referred to as “Client”, “Customer”, “you”, or “your” as the context requires) are agreeing to the following Terms and Conditions.
Your registration with Drivers Katta means you would be sharing your personal information such as Name, Email Id, Mobile no, Address, Car / Vehicle Details with us, and we would be using this information to provide you our services.
The Terms and Conditions constitute a binding contract between you and DriversKatta.com (alternately referred to herein as this “Contract”, “Terms and Conditions” or “Agreement”). DK is the owner and operator of the DriversKatta.com Website/ Drivers Katta Websites and the corresponding mobile applications made available on iOS or Android devices (collectively the “Drivers Katta - Professional and Trained Drivers” and, together with the DriversKatta.com Websites, the DK referral service, any all other Drivers Katta software, and any and all Drivers Katta telephone numbers, collectively, the “Drivers Katta Platform”).
Definition
a) “Drivers Katta”,"DK", “we”, “our” and “us” shall mean MY CHOICE ENTERPRISE and having its registered office at Shop No.13, Old Nagardas Road, Andheri East, Mumbai 400 069,
Maharashtra, India.;
b) “You”, yourself / yourselves and “your” shall mean a User, who meets the eligibility criteria set out below;
c) “Application” shall mean the application supplied by Drivers Katta and downloaded and installed by you on your single mobile device (smart phone) / Tablet;
d) “Driver” or ‘’Drivers’’ shall mean the driver engaged by you by using our Website/Application;
e) “Call” or “Call center” means the booking you call and give at any our helpline / call center.
f) “Service” or “Services” shall mean the service of providing short-term private Driver solutions via Call/Application/Website as defined;
g) ‘’User’’ or ‘’Users’’ shall have the meaning any person who is accepting our services;
h) ‘’Website’’ shall mean the website www.driverskatta.com
DK through the website, its call center and the Application is providing you the platform, for easy and most convenient access to private drivers, for short or long trips, within city or out of city trips, however only for temporary purpose. The Service is basically designed to offer you information and a means of obtaining short-term private driver solutions to coordinate point-to-point and round trip private driver services, at your request. As a User, you authorize the Driver assigned to you over the Website and / or Call Center and / or Application to operate your vehicle and make decisions on your behalf during the time period designated by you. DK itself does not provide transportation services. It is up to the Driver to offer transportation. DK only acts as intermediary between the Driver and User. The provision of services by the Driver to User is therefore subject to the contract between the Driver and User. DK shall under no circumstance be a party to such contract. It is expressly made clear to User hereby that DK does not directly or indirectly employ any Drivers. DK disclaims any and all liability in respect of the Drivers including but not limited to any claims of employment or any vicarious liability arising out of the Service or otherwise.
1) We ensure that all our Drivers / Chauffeur reach you in the minimum time, but there are various factors that may effect the quality of service. We don’t accept any delay related matters unless the same is purposeful. We will always ensure that our driver reaches you on time
2) Any delay in reaching you towards the fulfillment of service would not be compensated with any amount or settlement. We shall try and ensure action against the driver but that also after our team investigates the reason and discussion with you.
3) Our drivers will wait only for a max of 15 minutes and should get the car keys if there will be the chances of waiting, at the location and destination mentioned by you, after which the driver would start the trip and your duty calculation would start.
4) You may cancel the booking within 45 minutes or thereafter customer is liable for Rs 200/- charge if the trip is canceled.
5) When a trip ends, Drivers Katta driver ends the trip on the DK Driver app on his mobile device. It then calculates the total fare amount due from You and the same would also appear on your mobile device. You may pay the amount via cash or in case if the driver agrees may make a wallet / direct electronic payment.
6) Any payment related issue, except when such issue is due to an error or fault in the Site or Application, shall be resolved between You and the payment processor. Drivers Katta shall not be responsible for any unauthorized use/ false claims etc.
7) Drivers Katta shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.
8) Drivers Katta shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
9) The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such transportation services to you. Drivers Katta under no circumstance accepts liability in connection with and/or arising from the Services provided by the Driver or any acts, actions, behaviour, conduct, and/or negligence on the part of the Driver.
10) We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( “Force Majeure” ).
11) If we have contracted to provide identical or similar Service to more than one User and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill by providing the Service, and to what extent.
12) We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.
13) Drivers Katta does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from or contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
14) We use third party services and tracking tools, we also use third party to deliver us services and we have signed agreement with all for data privacy and security of any data.
15) Links to third party sites are provided by the Application / Website as a convenience to Users and Drivers Katta does not have any control over such sites i.e., content and resources provided by them.
16) We may allow you/ users to access third party website / apps/ offers etc, you are requested to read their terms & condition and also their privacy policy, before using any such site / apps services. The user understands and acknowledges that Drivers Katta or any of our team members are not in control of any third party misleads or issues.
17) You will only access the Service using authorized means. You are responsible to check and ensure you download the correct Application for your device or the correct Website in your computer or are calling the correct phone no. Drivers Katta shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device or Website for the computer. Drivers Katta reserves the right to terminate the Service and the use of the Application/ Website should you use the Service or Application with an incompatible or unauthorized device.
18) You have the legal right and authority to possess and operate the vehicle when engaging our Services and you confirm, represent and warrant that the said vehicle is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a motor vehicle of its kind.
19) You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your vehicle, legal compliance, etc., including, but not limited to, personal injuries, death and property damages.
20) You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind and neither Drivers Katta / DK / MY CHOICE ENTERPRISE nor the Driver shall be responsible in any manner whatsoever. You have the legal right to designate the Driver as your agent and delegate actual authority to the Driver to operate your vehicle and make decisions on your behalf for the purposes of providing Services offered through the Drivers Katta, Driver Aggregating platform.
21) Drivers Katta reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Drivers Katta and/or other Users to the Website/Application.
22) Drivers Katta reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different Users and different cities.
23) We reserve the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without liability:
24) In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. You will not and not attempt to create another account for accessing and using the Website/Application without the written consent of Drivers Katta.
25) This Terms of Use shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Uses and Indemnification. You agree that we will not be liable to you or any third party for taking any of these actions.
26) Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.
1) You agree by using our services / application / website that your personal details would be collected, including your location.
2) You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver.
3) In case of any mishap/ accident, as a matter of goodwill gesture, we i.e Drivers Katta / MY CHOICE ENTERPRISE. Would help you with legal / insurance claims, but this would be only on case basis and the management decision would be final.
4) The user agrees to pay the Driver as mention on his Mobile app/ Application/ Website / SMS or as mentioned by the call center and agreed by the client, in full.
5) The user agrees to pay the client using Cash or any other method if supported by the Driver directly. Drivers Katta doesn't charge any fees to the client, we just aggregate your request for rendering the service.
6) The User agrees and accepts that the use of the Services provided by Drivers Katta is at the sole risk of the User, and further acknowledges that Drivers Katta disclaims all representations and warranties of any kind, whether express or implied. All Services are provided “AS IS”.
7) Drivers Katta / Driver or MY CHOICE ENTERPRISES may refuse / terminate/ end the duty in between the service or cancel the booking in case the following is found:
a) The user is violating any rule/ law of the land or is getting or asking the driver or getting involved into any unlawful or criminal methods;
b) The user abuses/ hits or misbehaves with the Driver;
c) if the User is found to be in an intoxicated state or is found misbehaving with other passengers or the Driver, or is causing a nuisance;
d) if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Driver;
e) if the User asks the Driver to break any traffic/RTO/city police and/or government rules for any purpose The Driver has the right to refuse such a request by the User;
f) If the Driver finds that the car / vehicle is not the same as mentioned during booking via CALL CENTER/ WEBSITE/ MOBILE APP/ APPLICATION or has a technical / mechanical or any other issue;
g) If the insurance or any legal issue is found with the car which the Driver has been asked to drive or is about to be driven;
h) The driver has the right to stop the car and discontinue the service if the customer mistreats him in any way that could endanger the life of the customer and the driver or any other fellow.
8) The user agrees before giving the duty or before the start of the duty the following documents are kept ready in the car and the driver has the rights to inspect / verify the same:
a) Valid RC Book in original as per Motor Vehicle Act;
b) Valid PUC of the state;
c) Valid Insurance policy;
9) The user agrees that the fees charges doesn’t include TOLL, Parking charges/ Fines etc. And the user settles the same directly in person.
10) The user also agrees that he is not leaving any valuables/ cash/ gold etc in the car, and the Driver or the company (Drivers Katta/ MY CHOICE ENTERPRISE) would not be responsible for the same.
11) Drivers Katta shall not be responsible for act or behaviour of the drivers, However, Drivers Katta encourages you to notify it of any complaints that you may have against any Driver or the Services.
12) You also agree by signing / taking our services you would be getting offers / promo SMS of our new services and might also get offers and promos from our partners with whom we may tie up from time to time. In case if the user decides not to get any such alerts / promos etc he may write to us on info@driverskatta.com
13) We do not procure insurance for, nor are we responsible for, damage or loss of any personal belongings or intellectual property whilst providing the Services. These include tapes, records, discs or other similar audio visual or data electronic devices, any speed measuring equipment within the vehicle or any other accessories of any kind. It is your responsibility to ensure that you remove any personal belongings from the car before and after each Drivers Katta service arranged through Drivers Katta.
14) The user agrees that the Driver is not responsible for having Dark Glasses/ Tinted glasses/ Bull bars on your vehicle and in case of fine or caught you are responsible and our Drivers would not be responsible for the same.
15) The customer agrees that in order to ensure both his/her and the driver’s safety on road, he/she will not cause any distraction while the service is in progress.
16) The Driver’s responsibility is limited to driving the customer to the destination specified by using his/her own vehicle.
17) The company or driver assumes no liability for fire, theft, losses or damage of any personal belonging in any case.
18) In no event will take any liability of injury sustained through faulty brakes or poor condition of vehicle or its part.
19) The user agrees that the driver may only be able to do duty for a max of 12hrs in case of outstation / drop duty, the user also agrees to provide the Driver proper rest and facility or pay the amount as mentioned in our rate chart.
20) In case of any outstation / drop duty the client agrees that the drivers knowledge on roads or navigation may not be good or may lack, and the user agrees to assist and help to reach the desired destination safely and timely manner.
21) The user agrees to pay this by cash to the Driver directly.
22) Drivers Katta / MY CHOICE Enterprises would not be responsible for any reverse of payment/ or refund or any other such payment.
The User shall defend, indemnify and hold, Drivers Katta / My Choice Enterprises, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with the:
a) Violation or breach of the Terms of Use or any applicable law
b) Regulation, whether or not referenced herein; violation of any rights of any third party, including the Driver via the Application and or the Website; and use or misuse of the Application/Website or Service.
The information mentioned here is for you to read and understand, we update our Terms & Condition from time to time, you are requested to read in full. We don’t announce or notify the change of Terms & Condition, We at Drivers Katta / My Choice Enterprises try to keep all the information rates etc up to date, but any information cannot be taken for up to date information.
The above mentioned Terms & Condition and Our Privacy Policy constitute the complete agreement of service between the Driver, Company, and User in respect to the use of Website / Call Center / Mobile app.
The courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Drivers Katta to its User.