Qira - CUSTOMER TERMS AND CONDITIONS
These customer terms and conditions (“T&Cs”) apply to Your access to, and use of the Qira Application. The Application is operated by BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED , and its subsidiaries, licensees, and affiliated companies.
This document is an electronic record in terms of the 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. By continuing usage of the Application, You are consenting to be bound by these T&Cs for use and access of the Application. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE APPLICATION, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of these T&Cs, then please don’t use the Application or avail any of the Services being provided therein. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE PLATFORM.
By accepting these T&Cs, You also allow BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED to send You promotional emails and SMS alerts from time to time.
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
1.1 “Account” refers to the account created by the Customer on the Platform.
1.2 “Act” means the Motor Vehicle Act, 1988 and the rules made thereunder in the City of Operation and includes any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.
1.3 “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, board, or a court of India.
1.4 “Application” shall mean the feature/category-icon “Qira” within the mobile application as may be updated by BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED from time to time.
1.5 “Authorized Driver” shall mean and include such individuals as may be evaluated, appointed and trained by the Authorised Vehicle Operator to provide the transportation services on behalf of the Authorised Vehicle Operator in accordance with the terms & conditions applicable to Authorised Vehicle Operators and Applicable Law, and who are registered on the Platform.
1.6 “Authorized Vehicle Operator” shall mean and include such individuals and agencies which hold valid Contract Carriage Permit(s).
1.7 “City of Operation” shall mean a city in which the Application has been launched and the Customers and TSPs avail and render the transportation services respectively.
For clarity, the services rendered by the TSPs and availed by the Customers shall be in the same city.
1.8 “Contract Carriage Permit” shall mean the valid and subsisting permit/license granted to the Authorised Vehicle Operator and/or the Authorized Driver by the transport authority in the City of Operation for plying the Vehicle under contract carriage.
1.09 "Customer/ You" shall mean a person who has an Account.
1.11 “ETA” shall mean the estimated time of arrival of the Vehicle, at the pick up point of the Customer, provided by Qira app before the Ride, which may change from time to time. “ETT” shall mean the estimated travel time of the Ride, provided by Qira app during the Ride, which may change from time to time.
1.12 “Qira App / We/ Our/ Us” shall mean BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED company registered under the Companies Act, 1956 and having its registered office at 59, GKD Nagar, Papanaickenpalayam, Coimbatore - 37 .
1.13 “Platform” shall mean the technology platform “Qira App”, available at www.qira.in, and the entire back end software designed, developed and controlled by BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED and used by You for availing the Services.
1.14 “Registration Data” shall mean and may include the present, valid, true and accurate name, Email ID, age and such other information as may be required by Qira App from time to time, provided by the Customer at the time of registration on the Platform.
1.15 “Ride” shall mean the travel in the Vehicle by the Customer from the pick-up point to the drop-off point, facilitated through the Application.
1.16“Service(s)” shall mean the facilitation of transportation service by TSPs through the Application, within the City of Operation, in the manner set out in these T&Cs.
1.17 “TSP” shall mean the transport service provider who is an Authorized Driver and/or an Authorized Vehicle Operator, offering the service of transporting Customers within the City of Operation from the pick-up points to the drop-off points as communicated by the Customer at the time of requesting the booking on the Application.
1.218 “Vehicle” shall mean a Motorcab as defined under the Motor Vehicles Act, 1988 and the Rules made therein.
1.19 "You", “Your” or “Yourself” shall mean reference to the Customer accessing the Application.
1. You will be "Eligible" to use the Services only when You fulfill all of the following conditions:
You understand that You shall be able to avail the Qira App services through the account created for BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED on the Platform.
5. Rights and Obligations: Do’s & Don’ts
9. The order of the Customers’ pick-up and drop-off is determined by the system which determines the most optimal path at any point of time to pick-up/drop-off a Customer, and such order cannot be changed at the discretion/request of the customer.
10. You represent to BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED that while using the Service and during Your Ride/ journey in the Vehicle, You shall (a) behave in a disciplined and decent manner; (b) refrain from disturbing, misbehaving with, or in any other manner adversely affecting the quality of the journey with the TSP; and (c) not use any dangerous instrument or weapon against the TSP or harm them in anyway. In case of any non-compliance by You of the obligations hereunder, BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED and/or the TSP shall have the right to terminate the Ride immediately, without any liability whatsoever, and to initiate such other action as We deem fit or as permitted under Applicable Laws.
11.No change in drop location shall be allowed once Qira App confirms the booking.
12.You shall ensure that:
13. You understand that by agreeing to these T&Cs, You are entering into a binding contract with BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED
6. General Customer behaviour while using transport service through TSP
7. Use of Application
You agree, undertake and confirm that Your use of the Application shall be strictly
governed by the following binding principles:
7. You shall not collect or harvest any personally identifiable information, including account names, from the Platform/Application.
8. You shall not use the Application for any commercial purposes without having all necessary rights and licenses to the Content available on the Platform/ Application.
9. You shall not impersonate another person or otherwise misrepresent Your affiliation with a person or entity, conduct any fraudulent activity, hide or attempt to hide Your identity.
8. Content Posted on Application and Intellectual Property
1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Platform and Application is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED.
9. Booking process
10. Confirmation of booking
2. You may, upon availing or attempting to avail the Services, receive SMS messages on Your mobile phone or email notification from Us regarding the following: (i) confirmation of booking - including driver name, vehicle license number and the ability to contact the TSP by telephone; (ii) TSP declining Your booking; (iii) total charges to be paid. However, the above list is not exhaustive in nature and You may receive additional and different messages from Us. You hereby understand, agree and consent to the receipt of such messages/ communications from Us.
3. Upon Your booking being processed and confirmed via the Application, e-mail and/or SMS, You will receive a timer notification on Your mobile phone after which You shall be required to board the booked cab not later than 2 (two) minutes of the notified pick up time. The TSP shall be under no obligation whatsoever to wait for You at Your boarding point beyond the lapse of 2 (two) minutes of the pick-up time notified to You. In case of any delay caused by You in arriving at the pick-up point and the Vehicle having proceeded without You, You shall have no claim against Qira App or the TSP and BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED shall not be held liable in anyway whatsoever.
For clarity, in the event, the Vehicle arrives later than the notified pick up time, the TSP shall wait no longer than 2 minutes from his time of arrival at the notified pick up point. (Illustration: When the notified pick up time is 10:00 AM, the TSP shall wait no longer than 10:02 AM. In the event the TSP arrives at the notified pick up point at 10:10 AM, the TSP shall wait no longer than 10:12 AM)
Details of the charges payable by You is available on the Platform. You may choose
to pay for the Services by either of the following two methods:
12. Waiting policy
The TSP shall wait only for 2 (Two) minutes for the Customer at the pick-up location. If the Customer does not board the Vehicle within 2 (Two) minutes, then the TSP/Qira App may cancel the trip/Ride and leave the pick-up location.
13. Cancellation policy
1. Cancellation fee may be charged:
14. Luggage policy
While using the Service, You may not carry heavy luggage like suitcase, big bags etc. with You. However, You can carry handbags, backpacks etc. which You can easily carry along with You, without taking much space or without using Your Co-Passenger’s seat space.
At present, We don’t charge You any fees for the use of Our Services. However, in the future, We reserve the right to charge fee and change Our policies, including these T&Cs, from time to time. In particular, We may at Our sole discretion introduce new services and modify some or all of the existing Services offered on the Application. In such an event We reserve the right, without notice to You, to introduce fees for the new services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented/published on the Application. It shall be Your responsibility to check the Platform/ Application for any such changes/ updates.
16. Other businesses
We do not take responsibility or liability for the actions, products, content and services on the Application, which are linked to affiliates and/or third party websites using Our APIs or otherwise. In addition, We may provide links to third party websites of affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them, and We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof. Your reference to and use of the same, shall be solely at Your own risk.
You must not use on Your site or in any other manner, any trademarks, service marks or any other materials appearing on the Platform/Application, including any logos or characters, without Our express written consent and the consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Platform/Application, without Our prior written consent.
We reserve the right to modify, terminate or suspend the Services to You at any time, without prior notice, due to any changes in Our internal policy or the Applicable Laws or any breach of these T&Cs by You, or for any reason whatsoever. You can terminate Your Account by submitting a request to Us at www.qira.in We will make every effort to respond to Your request for termination at the earliest. Subject to Clause 4.13 above, You will remain responsible for all transactions that occurred prior to termination of Your Account.
3.BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of cab service offered by TSP or due to the failure of TSP to provide services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED or any person or any organization involved in the above mentioned systems, including any delay in providing the transportation services.
5.BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED will not be liable for any damages of any kind arising from the use of the service offered by the TSP including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6.BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED will take all reasonable measures to ensure that TSP should fulfill his duty properly, but there may be exceptions and if any Customer misses the train or flight or bus or suffers any loss due to any act or omission by the TSP, BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED will not be held liable for any such compensation. The Customer is advised to make alternate arrangement in case the Vehicle has not reached his/her location due to any reason.
7. The Ride services, and any claim resulting from the same, while requested through the Application, remains the responsibility of the TSPs, and BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED shall not be liable for any conduct of the TSPs. BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED encourages You to notify any complaints that You may have against any TSP that You may have hired using the Platform/ Application.
8.BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED is not responsible for the conduct, whether online or offline, of any other user of the Application or Services. You are solely responsible for Your interactions with other users, whether TSPs or Co-Passengers. By using the Application and the Services, You agree to accept such risks and acknowledge that BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED is not responsible for the acts or omissions of other users.
9.The Customer acknowledges that in the event the Customer does not avail the service(s) in the Vehicle allocated to him/her by BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED, and/or the Customer exchanges the seat allocated to him/her with a seat allocated to another Customer in another Vehicle, the Customer shall do so at his/her own and sole risk. BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED shall not bear any liability arising out of or in connection with such acts on the part of the Customers.
10. All the Vehicles registered with Qira App Platform are continuously tracked using GPS for security reasons only. It is expressly made clear to You hereby that BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED does not own any cabs nor does it directly or indirectly employ any of the TSPs for the cabs. BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED disclaims any and all liability in respect of the TSPs and the Vehicles/ cabs alike.
11. The location data made available on the Application is basic in nature, and meant to provide guidance to TSPs only. You acknowledge that it is not intended to be relied upon in situations where precise location information is required, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed.
12. We do not authorize anyone to make a warranty on Our behalf and You may not rely on any statement of warranty as a warranty by Us.
13. BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED, its affiliates, and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Platform/Application, or Your reliance upon the Service or the information contained in the Application (whether arising from BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED or any other person's negligence or otherwise).
20. Privacy and Security
1. We will take every reasonable effort not to share any of trip/Ride details, Registration
3.You hereby expressly consent to receive communications from Us through Your registered phone number and/or Email ID. You consent to be contacted by Us via phone calls and/or SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
4.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 and the Platform/Application, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being transferred/ 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.
5.It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform/Application and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Personal Information about You on the public forum due to Your use of the Platform/Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform/Application You acknowledge and agree that We shall not be responsible for the use of any Personal Information that You publicly disclose or share with others on the Platform/Application. Please carefully select the type of information that You publicly disclose or share with others on the Platform/Application, or from the Platform/Application on other social platforms (including Facebook etc).
21. Notices and Communication
must be made in writing to:
Attn: Team Qira
Address: _59, GKD Nagar, Papanaickenpalayam, Coimbatore - 37
2.All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
22. Indemnity and Limitation of Liability
1. You will defend, indemnify and hold harmless BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED, and each of its affiliates (and its respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: the use or misuse of Services, Platform, Application or any vition of these T&Cs.
23. Force Majeure
24. Copyright complaint
We respect the intellectual property of others. In case You feel that Your work has been copied in a way that constitutes copyright infringement, You can write to Us at firstname.lastname@example.org
Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.
26. Revision of T&Cs
27. Customer Grievance Redressal Policy
If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.
29. Governing Law and Dispute Resolution
In addition to the above T&Cs, You understand and agree that you shall also be bound by the general ‘BK2RT FLEET MANAGEMENT SERVICES PRIVATE LIMITED terms and conditions’ applicable to Your use of the services rendered by Us as available at www.qira.in, to the extent applicable. Only to the extent of any conflict between the said terms and conditions relating to the Services, the terms of these T&Cs shall prevail.
AGREED AND ACCEPTED BY ALL PARTIES TO THIS AGREEMENT.