The terms and conditions contained in this document (“T&Cs”) is absolutely an
electronic record in terms of the Information Technology Act, 2000 and that the
rules made thereunder as applicable and the provisions pertaining to electronic
records in various statutes as amended by the Information Technology Act, 2000
time to time. This is purely an electronic record, which is generated by a computer
system. Hence, this does not require any physical or digital signatures. AS SOON
AS YOU CLICK ON THE “I ACCEPT” BUTTON,
(I) YOU SHALL BE BOUND BY THESE T&C’s FOR USE OF THE SITE AND
(II) YOU ARE ASSIGNING HEXA RIDE AS YOUR REPRESENTATIVE FOR THE
PURPOSE OF BOOKING THE SAME VEHICLE FOR THE SAME ROUTE ON
BEHALF OF YOURSELF AND OTHER CO-PASSENGERS, FOR ACCESS OF
THE SITE BY ACCEPTING THE PERMIT HOLDER SERVICE AGREEMENT.
PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS
AND CONDITIONS BEFORE YOU USE ANY OF THE SERVICES OFFERED
ON THE SITE, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND
CONDITIONS CONTAINED HEREIN. If You are reluctant to accept any of
the Terms and Conditions or the Permit Holder Service Agreement, then
please don’t avail the Site or any of the Services being provided therein.
YOU ARE AGREEING TO THESE TERMS AND CONDITIONS and the PERMIT
HOLDER SERVICE AGREEMENT SHALL OPERATE AS A BINDING
AGREEMENT BETWEEN YOU AND HEXA RIDE IN RESPECT OF THE USE
OF THE SITE.
1 DEFINITIONS : All of the defined and capitalized terms in these T&Cs
will have the meaning
assigned to them here below:
→ “ACCOUNT” : refers to the account created by Customer on
→ “ACT” : means the Motor Vehicle Act, 1988 and the rules
made thereunder and includes any amendment, modification or re-enactment of the same, or any other
succeeding enactment for the time being in force.
→ “APPLICABLE LAWS” : shall mean and include all applicable
statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by laws,
regulations, notifications, guidelines, policies, directions, directives and orders of any governmental
authority, tribunal, board, or a Court in India.
→ “AUTHORISED DRIVER” : shall mean and include such
hold a valid Contract Carriage Permit; and as may be evaluated, appointed
and trained by the Permit Holder to provide the transportation services
on behalf of the Permit Holder in accordance with the Permit Holder
Terms & Conditions and the Applicable Law.
→ “CANCELLATION FEES” : shall mean fees payable towards
a booking made on the Site by You in terms of Clause 13 of these T&Cs. The
Cancellation Fee shall be exclusive of all applicable taxes, if any.
→ “CITY OF OPERATION” : shall mean the State in which HEXA
SHUTTLE is launched and the Customers and Permit Holders avail and
render the Services respectively. For clarity, the Service rendered by the
Permit Holders and availed by the Customers shall be in the same city.
Notwithstanding the above, the Permit Holder may provide transportation
services on the routes as requested by the Customer on the Site, including
but not limited to routes within a City of Operation or betWeen two or more
→ “CO–PASSENGER” : shall mean the other Customers who have
booked the ride through a common representative on the same Vehicle
using the Site.
→ “CUSTOMER" OR "YOU", “YOUR” OR “YOURSELF” : means any
who accesses the Site and/or uses the Services on the Site through an
→ “CONVENIENCE FEE” : shall mean the fee payable by the
HEXA RIDE for the service availed from HEXA RIDE i.e. the technology
services offered by HEXA RIDE. Convenience Fee shall be chargeable on
every booking made through the Site. The Convenience Fee shall be
exclusive of all applicable taxes, if any.
→ “HEXA RIDE” or “Us” : means Hexa Ride Technologies (OPC)
Pvt. Ltd, a
Company registered under the Companies Act, 1956 and having its
registered office at Alcove Gloria, BL-2, 6th Floor, FL-6L, 403/1,
Dakshindari Road, Kolkata -700 048, West Bengal, India
→ “PERMIT HOLDER” : means such persons who have been granted
and subsisting Contract Carriage Permits by the transport authorities in
the City of Operation under the Act and the rules made thereunder and
have entered into an agreement for subscription with Hexa Ride to list
their Vehicles on the Site in the City of Operation, and operate according to
the terms and conditions applicable to such subscription and includes
driver of the Vehicle(s).
→ “PERMIT HOLDER SERVICE AGREEMENT” : refers to the
between the Permit Holder and the Customers through their representative
for provision of Services, in accordance with the Permit Holder T&Cs and
→ “PERMIT HOLDER FOR ABOVE 12 SEATER VEHICLES” : refers to
Permit Holder who has been granted the contract carriage and other
requisite permits under the Motor Vehicles Act, 1988 for running a Vehicle
with a seating capacity of more than 12 (twelve) and does not include
Vehicles under the definition of “omnibus” & “maxi cab” as defined in the
respective local permit.
→ “PERMIT HOLDER T&CS” : refers to the Permit Holder terms
which are available at the Site and have been accepted by the Permit Holder
upon subscription to the Site.
→ “SERVICE(S)” : includes (a) facilitating the provision of
services from the
Permit Holder of transporting Customers within the City of Operation,
who have collectively booked their ride through a common representative,
on the same Vehicle of the Permit Holder, from the pick-up point(s) to the
drop-off point(s) as communicated by the Customers at the time of making
the booking on the Site; and (b) payment collection from Customers
through PAYTYM and its settlement with the Permit Holder, to facilitate the
transactions between the Customers and the Permit Holder; and (c) such
other services as may be determined by Hexa Ride from time to time.
→ “SITE” : shall mean the mobile application, which is an
platform, and which is owned and operated by Hexa Ride and includes any
upgrades from time to time and any other software that enables the use of
the application or such other URL as may be specifically provided by Hexa
Ride, including the feature/category of Hexa Shuttle available therein
→ “SUBSTITUTE VEHICLE” : shall mean another Vehicle whether
arranged by the same Permit Holder, offering the service of transporting
Customers to its destination, in the event of a Vehicle breakdown. For
clarity, such Substitute Vehicle may not necessarily be availed or booked
using the Site.
→ “VEHICLE” : means the maxicab(s)/omnicab(s) listed by the
on the Site to be used, to transport Customers in the City of Operation where
it is registered, where such Customers have collectively booked their ride
through a common representative on such Vehicle using the Site.
2 INTERPRETATION : Any reference to the singular includes a reference to
the plural and vice
versa, unless explicitly provided for otherwise; and any reference to the
masculine includes a reference to the feminine and vice versa.
Headings and captions are used for convenience only and will not affect
the interpretation of these T&Cs.
Any reference to a natural person will, unless repugnant to the context,
include his heirs, executors and permitted assignees. Similarly, any
reference to a juristic person such as Hexa Ride will, unless repugnant to
the context, include its affiliates, successors and permitted assignees.
3 ELIGIBILITY : You shall be "Eligible" to use Our Services only when
You fulfill the following
3.1.1: You have attained at least 18 (eighteen) years of age;
3.1.2: You are competent to enter into a contract under the Applicable Laws.
You can avail the Services only if You fulfill the conditions as mentioned in
3.1.1 to 3.1.2 above. If You are not Eligible, please immediately abandon any
and all attempts to register with Us or use Our Services.
We rely completely on the information provided by You and We shall not be
held liable if You or anyone who uses Your Account to access the Services
on the Site is not Eligible.
4 REGISTRATION : You shall be able to register as a Customer, by
providing a current, accurate,
valid and active phone number, Your name, current, accurate, valid and a
functional e-mail address and any other additional information as may be
required by Hexa Ride (“Registration Data”) at the time of creating the
You shall ensure that the Registration Data provided by You is accurate,
complete, current, valid and true. We shall bear no liability for false,
incomplete, old or incorrect Registration Data provided by You.
You hereby expressly consent to receive communications including
promotional content from Us through Your registered phone number
and/or e-mail id. You consent to be contacted by Us via phone calls/SMS
notifications/emails. 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.
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 on the Site, 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 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/consent.
In the event of any change in the said given information, You agree to
promptly update Your Account information to ensure that the
communications. We intend to send to You are promptly delivered to You and
are not sent to any other entity/third party.
We reserve the right to suspend or terminate Your Account with immediate
effect and for an indefinite period, if We have a reason to believe that the
Registration Data or any other data provided by You is incorrect or false, or
that the security of Your Account has been compromised in any way or for
other just and equitable reasons.
We allow You to open only one Account in association with the Registration
Data provided by You. In case of any unauthorized use of Your Account
please immediately reach Us at the email@example.com
In case, you are unable to access Your Account, please inform Us
firstname.lastname@example.org and make a written request for blocking
Your Account. We shall require at least 72 (Seventy-Two) hours to process
your request unless in case of Force Majeure (as defined hereinafter)
events. In any case, we will not be liable for any unauthorized transactions
made through Your Account prior to blocking of Your Account by Us in
the manner provided hereinabove.
HOLDER SERVICE AGREEMENT :
You shall be able to get our Service and successfully book a ride on a Vehicle
using the Site only upon accepting these T&Cs that governs the provision of
transportation service to You using the Vehicle, available on the Site. You
agree and accept that when You express interest in booking a ride on a
Vehicle on the Site, the Vehicle shall be booked as a whole, for use by Yourself
and other Co-passengers interested in booking a ride on the same Vehicle
for the same route. YOU HENCE AGREE TO THESE T&Cs AND APPOINT
HEXARIDE AS YOUR REPRESENTATIVE FOR THE PURPOSE OF
BOOKING THE SAME VEHICLE FOR THE SAME ROUTE ON BEHALF OF
YOURSELF AND OTHER CO- PASSENGERS, BY AND FOR ACCEPTING
THE TERMS OF THE RELEVANT PERMIT HOLDER SERVICE
You agree that under this clause 5, HexaRide acts as your representative
for the limited purpose of providing Services and will not be construed as
your representative or agent or partner, whether under this Agreement or
otherwise, for any other purpose.
DO’S & DON’TS :
You are in mandate to ensure that the Vehicle that reports for pick up bears
the same registration number and the registration details specified to You
through the Site.
You shall carry a valid proof of your identity with you to the pick-up location
which shall be produced at the time of boarding the Vehicle.
You shall report at the pick-up point at least 15 (fifteen) minutes prior to the
scheduled departure time. In the event, You don’t report at the pick-up
point on time, You shall be termed as a NO- SHOW passenger and shall be
denied boarding the Vehicle. In such an event, You shall not be entitled
to any refund of the payment by You for making the booking on the Site.
You shall present the confirmation of your booking as per the terms hereof,
along with a valid photo identity proof issued by the government authority;
otherwise, You will be denied boarding and not be entitled for any refund.
You shall not carry any goods or articles that are prohibited under law or
harmful in any way to Your co-passengers or the diver, including but not
limited to Weapons, inflammables, firearms, ammunitions, drugs, liquor,
smuggled goods etc.
You are not allowed to bring any pets on board.
You are not allowed to carry baggage exceeding 15 kg (fifteen kilograms).
Hexa Ride reserves the right to disallow onboarding of any excess baggage
carried by You.
You shall be responsible for all your belongings and luggage. Hexa Ride will
not be responsible for any loss or damage caused to any valuables on you
on in your luggage such as cameras, jewellery, money, electronics,
While using the Service and while availing the transportation services as
provided by the Permit Holder, 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 of Your Co-
Passengers and/or the Permit Holder; and (c) not use any dangerous
instrument or Weapon against the Permit Holder or the co-passenger or
harm them in anyway. In case of any non-compliance by You of the
obligations hereunder, Hexa Ride and/or the Permit Holder shall have the
right to terminate your ride immediately and ask you to de-board the
Vehicle, without any liability whatsoever, and to initiate such other action
as We deem fit or as permitted under Applicable Laws.
You shall not use the Site for any unlawful purpose, including but not
limited to sending or storing any unlawful material or for fraudulent
You may reach Us at email@example.com and call us at phone
All the calls made to Hexa Ride 's Call Center are recorded by Hexa Ride for
quality and training purposes.
7 USE OF
SITE : You hereby agree to undertake and confirm that Your use of Site shall be
strictly governed by the following binding principles:
(i) You shall not be entitled to host, display, upload, modify,
update or share any information that: •
belongs to another person and to which You do not have any right to;
or interferes with another user's use and enjoyment of the Site or
Services; or that is harmful, harassing, blasphemous, defamatory,
obscene, pornographic, libelous, invasive of another’s privacy, hateful
ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatever,or unlawfully threatening or
unlawfully harassing including but not
limited to "indecent representation of women" within the meaning of the
Indecent Representation of Women (Prohibition) Act, 1986, of another
• or misleading in any way; or is patently offensive to the online
community, such as sexually explicit Content (as defined hereinafter), or
Content that promotes obscenity, pedophilia, racism, bigotry, hatred or
physical harm of any kind against any group or individual; or
•involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing or "spamming"; or infringes upon or violates any
third party's rights, (including, but not limited to, intellectual property rights,
rights of privacy (including without limitation unauthorized disclosure of a
person's name, email address, physical address or phone number) or
rights of publicity]; or
• contains restricted or password-only access pages, or hidden pages
or images (those not linked to or from another accessible page); or
• provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from
• provides instructional information about illegal activities such as
making or buying illegal Weapons, or providing or creating computer
• contains video, photographs, or images of another person without
his or her express or written consent and permission or the permission or
the consent of his/ her guardian in the case of minor; or
• tries to gain unauthorized access or exceeds the scope of authorized
access (as defined herein and in other applicable codes of conduct and end
user access and license agreements) to the Site or to profiles, blogs,
communities, account information, bulletins, or other areas of the Site or
solicits passwords or personal identifying information from other users; or
• engages in commercial activities and/or sales on or related to the
Site, without Our prior written consent, such as contests, sweepstakes, barter,
advertising and pyramid schemes, or the buying or selling of "virtual" items.
Throughout these T&Cs, Our "prior written consent" means a
communication coming from Our authorized representative, specifically in
response to Your request, and specifically addressing the proposed activity or
conduct for which You seek authorization; or
• refers to any Website or URL that, in Our sole discretion, contains
material that is inappropriate for the Site, contains Content that is
prohibited under these T&Cs or violations the letter or spirit of these T&Cs;
• harms minors in any way; or
• is fraudulent or involve the sale of counterfeit or stolen items; or
• violates any law for the time being in force or any HEXARIDE
policies, as updated from time to time; or
• deceives or misleads the users about the origin of such messages or
communicates any information which is grossly offensive or menacing in
• impersonates another person; or
• contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any Trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal identifiable
information or attempt to interfere with the proper working of the Site or any
transaction being conducted on the Site; or
• threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement
to the commission of any cognizable offence or prevents investigation of
any offence or is insulting to any other nation; or
• is false, inaccurate or misleading; or
• directly or indirectly, offers, attempts to offer, trades or attempts to trade
in any item, the dealing of which is prohibited or restricted in any manner
under the provisions of any Applicable Laws, rule, regulation or guideline
for the time being in force; or
• creates liability for Us or causes Us to lose (in whole or in part) the
services of Our ISPs or other suppliers.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any
portion of the Site or any Content, or in any way reproduce or circumvent
the navigational structure or presentation of the Site or any Content, to
obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Site. We
reserve the right to bar any such activity.
You shall not probe, scan or test the vulnerability of the Site or any network
connected to the Site nor breach the security or authentication measures
on the Site or any network connected to the Site. You may not reverse look
up, trace or seek to trace any information on any other user of or visitor to
the Site, or any Customer, including details of Accounts not owned by You,
to its source, or exploit the Site or any service or information made available
or offered by or through the Site, in any way where the purpose is to reveal
any information, including but not limited to personal identification or
information, other than your own information, as provided for by the Site.
You agree that You will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Site or Our
systems or networks, or any systems or networks connected to the Site.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal You send to Us on or
through the Site or any service offered on or through the Site. You may
not pretend that You are, or that You represent, someone else, or
impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful
or prohibited by these T&Cs, or to solicit the performance of any illegal
activity or other activity that infringes the rights of HEXARIDE or others.
You shall not use the Services or Site in any manner that could damage,
disable, overburden, block or impair any of the server connected to the
Site. You may not attempt to gain unauthorized access to the Site through
hacking, password mining or any other means.
You may not reverse engineer, decompile and disassemble any software
used to provide the Services.
You shall not make any negative, denigrating or defamatory statement(s)
or comment(s) about Us or the brand name or domain name used by Us or
otherwise engage in any conduct or action that might tarnish the image or
reputation, of HEXARIDE on platform or otherwise tarnish or dilute any of
Our trade or service marks, trade name and/or goodwill associated with
such trade or service marks, trade name as may be owned or used by Us.
Solely to enable Us to use the information so that We are not violating any
rights You might have in Your Information, You agree to grant Us a non
exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, database
rights or any other rights You have in Your Information, in any media now
known or not currently known, with respect to Your Information. We will
only use Your Information in accordance with these T&Cs and Our
You shall not engage in advertising to, or solicitation of, other users of the
Site to buy or sell any products or services, including, but not limited to,
services related being displayed on or related to the Site. You may not
transmit any chain letters or unsolicited commercial or junk email to
other users via the Site. It shall be a violation of these T&Cs to use any
information obtained from the Site in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to
another person outside of the Site without Our prior explicit consent. In
order to protect Our users from such advertising or solicitation, We
reserve the right to restrict the communication from a user to other users,
as We may deem appropriate in Our sole discretion.
You understand that We have the right at all times to disclose any
information (including the identity of the persons providing information or
materials on the Site) as necessary to satisfy any Applicable Laws,
regulation or valid governmental request. This may include, without
limitation, disclosure of the information in connection with investigation
of alleged illegal activity or solicitation of illegal activity or in response to a
lawful court order or subpoena. In addition, We can (and You hereby
expressly authorize Us to) disclose any information about You to law
enforcement or other government officials, as We, in Our sole discretion,
believe necessary or appropriate in connection with the investigation
and/or resolution of possible crimes, especially those that may involve
We reserve the right, but have no obligation, to monitor the materials posted
on the Site. We shall have the right to remove or edit any Content that in its
sole discretion violates, or is alleged to violate, any Applicable Laws or
either the spirit or letter of these T&Cs. Notwithstanding this right of
HEXARIDE, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIALS YOU POST ON THE SITE/ AND IN YOUR PRIVATE
MESSAGES. Please be advised that such Content posted does not
necessarily reflect Our views. In no event shall We assume or have any
responsibility or liability for any Content posted or for any claims, damages
or losses resulting from use of Content and/or appearance of Content on
the Site. You hereby represent and warrant that You have all necessary
rights in and to all Content You provide and all information it contains and
that such Content shall not infringe any proprietary or other rights of third
parties or contain any libelous, tortious, or otherwise unlawful
Your correspondence or business dealings with, or participation in
promotions of, third party advertisers found on or through the Site,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between You and such third party advertiser. We
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
third party advertisers on the Site.
It is possible that other users (including unauthorized users or “hackers”)
may post or transmit offensive or obscene materials on the Site 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 Site, 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 Site, 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
Site. Please carefully select the type of information that You publicly
disclose or share with others on the Site, or from the Site on other social
platforms (eg, but not limited to Facebook).
8 CONTENTS POSTED ON SITE :All text, graphics, user interfaces, visual
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 Site 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.
Except as expressly provided in these T&Cs, no part of the Site and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, Website or other
medium for publication or distribution or for any commercial enterprise,
without Our express prior written consent.
→ You may use information on the Site purposely made available by Us
for downloading from the Site, provided that You:
→ do not remove any proprietary notice language in all copies of such
→ use such information only for Your personal, non-commercial
informational purpose and do not copy or post such information on
any networked computer or broadcast it in any
→ media; or make no modifications to any such information; or
→ do not make any additional representations or warranties relating to
→ You shall be responsible for any notes, messages, e-mails, photos,
drawings, profiles, opinions, ideas, images, videos, audio files or other
materials or information posted or transmitted to the Sites (“Posted
Content”) by You. Such Posted Content will become Our property and You
grant Us the worldwide, perpetual and transferable rights in such Posted
Content. We shall be entitled to, use the Posted Content or any of its
elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now
known or hereafter devised, including the creation of derivative works that
may include Posted Content. You agree that any Posted Content may be
used by Us in the manner that We deem fit, consistent with Applicable
Laws and You are not entitled to any payment or other compensation for
such use of Posted Content by Us. Notwithstanding anything contained
in this clause, You shall be solely responsible for the Posted Content on
9 PLACING A SERVICE REQUEST :You may offer a request to avail the
Service on the Site after accepting these
T&Cs. By offering a request to avail the Service on the Site You are bound
by these T&Cs.
We will store the information provided by You for matters connected to the
request for offer of Service and incidental thereto. Further, information
relating to the Service will be sent to You on Your mobile number or email ID
registered with Us by You. You may promptly inform Us on any change in
the contact information provided.
We will not be responsible for any change in the mobile number/e-mail ids
which have not been updated on the Site by You. We will not be liable for any
loss incurred due to the inappropriateness of the mobile or email or any
other communication medium.
10 CONFIRMATION OF BOOKING :We may, upon receiving the offer by You to
avail the Service, accept the
offer and initiate the Service including the booking of the Vehicle, which shall
be informed to You through the Site or vide an SMS and/or email.
In the event the aforesaid offer is accepted by Us, You shall be sent the
booking details including the Authorized Drivers name and contact details,
Vehicle registration number, charges and/or the pick-up and drop points,
estimated time of arrival (“ETA”), estimated travel time (“ETT”) and/or such
other details as We may determine from time to time. You hereby
understand, agree and consent to the receipt of such messages from Us.
You shall be responsible for immediately reporting the errors, if any,
occurred in the transmission of information regarding the initiation of
Service, to You. You shall bear the consequences and damages for any
delay that may be caused to You due to Your failure to check the
confirmation SMS/email and/or failure to inform Us of the incorrect and/or
inaccurate details immediately.
In the event You want to reschedule the confirmed booking for availing
the transportation services provided by Permit Holder intra-city, then You
may reschedule the booking till 5 (five) minutes prior to the pick-up time.
In the event You want to reschedule the confirmed booking for availing
the transportation services provided by Permit Holder inter-city, then You
may reschedule the booking till 2 (two) hours prior to the pick-up time.
SUBSTITUTE VEHICLE : In the event of breakdown of the Vehicle during the course of the ride, every
effort will be made by the Authorized Driver/Permit Holder for its immediate
repair. In case the Vehicle is beyond repair by the Authorized Driver/Permit
Holder, the Permit Holder on a best effort basis may arrange for a Substitute
Vehicle offering the service of transportation for completing Your ride to
You acknowledge and agree that Substitute Vehicle may not be necessarily of
the same type as that of the Vehicle availed from the Site. You however
hereby consent to avail the services of such substitute transport service
provider and the transport service provider of the Substitute Vehicle may
not necessarily be Authorized Driver/Permit Holder and/or operator who
are registered with HEXARIDE and who perform services on and through the
Site. HEXARIDE bears no responsibility and liability for delays and losses
suffered by You or caused to You as a consequence of the breakdown of
the Vehicle booked through the Site. Further, HEXARIDE shall not be held
liable for any damages resulting from the use of the Substitute Vehicle.
Fare for the Services agreed between You, the Permit Holder of original
Vehicle and HEXARIDE may remain the same and may not be affected by
Your availing of the Substitute Vehicle. Without limiting any other provision
of this Agreement, in the event of an accident, breakdown or equipment
failure during the course of the ride, whether or not a Substitute Vehicle is
available or accessible to You, HEXARIDE will not be liable for any
resulting transportation or accommodation or living expenses or personal
expense that is incurred by You. In the event Permit Holder is not able to
arrange for a Substitute Vehicle, HEXARIDE shall, on Your request, refund
You the full amount to Your Hexa Credit.
PAYMENT : We shall provide a receipt for the fees payable by You at the end of the trip.
However, separate invoices raised in relation to the Permit Holder’s trip
fees, and HEXARIDE’s Convenience Fee may be provided to You on request.
You may raise a request for copy of the invoices by sending a request to
Online payment for trips shall be made to Us in advance of the transportation
services, through an e-wallet (PAYTYM). When You choose to make an
online payment, we shall collect the fare from You as Your representative.
Collection of the fare on behalf of the Customers and the handing over the
fare to the Permit Holder shall in no way imply that the transportation
services are being provided to You by Us.
We will generate the invoice relating to the transport services on behalf of
the Permit Holder servicing your request, which will be sent across to your
registered e-mail ID.
As per the Central Goods and Service Tax Act, 2017 (“CGST”), once the Tax
Deduction Source (“TDS”) sections (Section 51 and Section 52 of CGST Act)
are notified, the Permit Holders for 12 Seaters and above Vehicles” will
issue invoices and charge GST on those invoices.
CANCELLATION AND REFUND POLICY :
• Cancellation process can be done before 15 mins of starting the trip,
• There may be an additional cancellation charge but not greater than 10% of booking
• If you are not onboarded by 30 mins of your pickup time, then you will be eligible for
• If vehicle is canceled from our side, then there will be a chance of full refund
In the event You cancel the booking for a Vehicle that has been rescheduled
by the Permit Holder, You shall then be entitled to full refund. Such refund
shall be adjusted with the next ride.
You shall be notified of the applicable Cancellation Fee in advance whenever
You attempt to cancel a booking. The notification shall be on the Site.
We shall provide a receipt of the Cancellation Fee, if any, payable by You for
every cancellation as per these T&Cs. However, separate invoices raised by
the Permit Holders for the Cancellation Fee, and HEXARIDE for the
Convenience Fee on cancellations shall be provided to You on request. You
may raise a request for copy of the invoices by sending a request to
INTELLECTUAL PROPERTY PROTECTION :
a) All trademarks used in connection with the Site or Services offered by
HEXARIDE are owned by HEXA RIDE TECHNOLOGIES (OPC)
PRIVATE LIMITED and is HEXARIDE’s property; Third party
trademarks may appear on this Site and all rights therein are reserved to
the registered owners.
b) You agree to abide by laws regarding trademark, and You shall be solely
responsible for any violations of any laws and for any infringements of
any intellectual property rights caused by use of the Services or the Site.
OTHER BUSINESSES :
We do not take responsibility or liability for the actions, products, content
and services on the Site, which are linked to affiliates and / or third party
Websites using Our APIs or otherwise. In addition, we may provide links
to the 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.
We welcome links to this Site. You may establish a hypertext link to the
Site, provided that the link does not state or imply any sponsorship or
endorsement of Your site by Us. You must not use on your site or in any
other manner any HEXARIDE trademarks or service marks or any
Content belonging to HEXARIDE and appearing on the Site, including
any logos or characters, without Our express written consent. 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 Site without Our prior written
TERMINATION AND EXPIRY OF THE ACCOUNT :
We reserve the right to modify, terminate or suspend Services to You at
any time without prior notice due to any changes in 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 firstname.lastname@example.org. We will make every effort to
respond to Your request for termination at the earliest. You will remain
responsible for all transactions that occurred prior to termination of
Your Account of those trademarks. For use of any third party's
intellectual property, You need to get permission directly from the
owner of the intellectual property for any use.
You agree to abide by laws regarding copyright, trademark, patent, and
trade secret ownership and use of intellectual property, and You shall be
solely responsible for any violations of any laws and for any
infringements of any intellectual property rights caused by use of the
Services or the Site.
You understand that HEXARIDE is merely an intermediary providing online
marketplace services and the Site is only a platform where You shall
request for transportation services offered by Permit Holders, to be
provided upon registration on the Site and acceptance of these T&Cs.
Accordingly, We shall not be liable for the quality, safety, reliability, legality,
delivery or any other aspect of the transportation service provided by any
Permit Holder. To the extent permissible under Applicable Laws, HEXARIDE
disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or
otherwise, that may accrue as a consequence of the breach by the Permit
Holder, during the course of the Permit Holder providing the transportation
(a) of the Applicable Laws;
(b) of the terms of the applicable licenses and permits that are issued
by the transport authorities in the City of Operation; or
(c) of the duty of care the Permit Holder and/or the Driver owes to the
Your use of the Service is at your sole risk. The Service is provided on an
"as is" and "as available" basis. We disclaim all warranties of any kind
about Our Services or the Site, whether express or implied including
without limitation, any representation or warranty about for accuracy,
availability, continuity, uninterrupted access, timeliness, sequence, quality,
performance, security, merchantability, fitness for any particular purpose,
non-infringement or completeness. Without prejudice to the forgoing
We do not warrant that:
(a) This Site will be constantly available, or available at all;
(b) The information on this Site is complete, true, accurate or non
(c) This Site; information, Content, materials, product (including
software) or services included on or otherwise made available to
You through the Site; their servers; or electronic communication
sent from Us are free of viruses or other harmful components;
Nothing on the Site constitutes, or is meant to constitute, advice of any
HEXARIDE shall not be responsible or liable for any direct, indirect, incidental,
punitive, or consequential loss or damage, howsoever caused or suffered by
the Customer or any third party arising out of the use of Services/Site,
including but not limited to cancellation of the Services, deviations from the
ETA and ETT.
HEXARIDE will not be responsible in the event of loss or damage the
baggage belonging to You.
HEXARIDE and the Permit Holder will have the right to stop You from
boarding the Vehicle or ask you to de-board the Vehicle at any time, if You
are under the influence of alcohol or if You have misbehaved or have acted
in any manner which may not be deemed safe for the Permit Holder, the
Vehicle or other Customers of the Vehicle.
HEXARIDE will contractually mandate that the Permit Holder fulfils his
obligations to the Customers but, HEXARIDE will not be held liable for any
loss or damages suffered by the Customers during the transportation
service or due to the failure of the Permit Holder to provide transportation
services to the Customer for any reason whatsoever
It is expressly made clear to You hereby that HEXARIDE does not own any
Vehicles nor does it directly or indirectly employ any Drivers for the
Vehicles. HEXARIDE disclaims any and all liability in respect of the Drivers
and the Vehicles alike. HEXARIDE however encourages You to notify Us of
any complaints that You may have against the Driver of any Vehicle that
You booked using the Site.
All the Vehicles listed on the Site are continuously tracked using GPS for
security reasons only.
We will not be responsible for any delay caused in or for cancellation of
provision of the transportation services by the Permit Holder. In the event
there is a delay in the provision of transportation services, the journey of
such Vehicle may be rescheduled by the Permit Holder without any extra
We will take every reasonable effort not to share any of trip details,
Registration Data or other personal information (collectively, "Personal
Information") You provide Us, except as required
Under any Applicable Law, or to the limited extent necessary for Us to
implement any booking instructions We receive from You. Please read Our
Information. We will bear no liability for the consequences in any event where
Your Personal Information has been willingly or inadvertently shared by You
with any third party.
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.
HEXARIDE and its 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 Site, or Your reliance upon the Service or
the information contained upon the Site (whether arising from HEXARIDE or
any other person's negligence or otherwise).
Notices and communication :
(a) Any notice or notification in relation to these T&Cs which You wish to
make to Us must be made in writing to:
Attn: Shuttle Support Team
Address: Alcove Gloria, BL-2, 6th Floor, FL-6L, 403/1, Dakshindari
Road, Kolkata -700 048.
(b) 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
INDEMNITY AND LIMITATION OF LIABILITY :
a) You will defend, indemnify and hold harmless HEXARIDE, and each of
their affiliates (and their 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) that arises out of or relates to use of the
Services or the Site from Your Account, and/or Your violation of these
b) YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US
IS THE CANCELLATION OF YOUR ACCOUNT WITH THE SITE. IN NO
EVENT SHALL HEXARIDE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND IN CONNECTION WITH THIS T&Cs, INLCUDING LOST
PROFITES, COST FOR ONWARD JOURNEY, PERSONAL INJURY, OR
PROPERTY DAMAGE RELATED, WEHTHER IN CONTRACT OR IN TORT,
INLCUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN
ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND
ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE
SITE/ SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED
INR 1000/- (INDIAN RUPESS ONE THOUSAND ONLY).
FORCE MAJEURE :
We shall not be liable for any failure to perform any obligations under this
T&Cs, if the performance is prevented, hindered or delayed by a Force
Majeure Event and in such case its obligations shall be suspended for so
long as the Force Majeure Event continues
For the Purpose of this clause “Force Majeure Event” shall mean any event
arising due to any cause beyond the reasonable control of HEXARIDE
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.
REVISION OF T&CS :
a) We reserve the right to change any of these T&Cs or any policies or
guidelines governing the Site or Services, at any time and at Our sole
discretion. It is Your responsibility to review these T&Cs periodically for
updates / changes. Any changes will be effective upon posting of the
revisions on the Site. We may send You an automated e-mail to Your
registered e-mail ID informing about the changes made
b) Unless otherwise specified by Us, revised T&Cs will take effect
automatically and be binding from the day they are posted on the Site. By
continuing to access or use the Site or the Services, You will be deemed to
have agreed to accept and be bound by such revised T&Cs. If You do not
agree to the revised T&Cs, You should discontinue accessing Our Site or
using Our Services immediately. You can find the date on which these
T&Cs were last updated at the legend ‘Last updated on’ at the beginning
of these T&C’s.
CUSTOMER GRIEVANCE REDRESSAL POLICY :
a) If You are not satisfied with the quality of Service(s) offered or have any
other complaints or grievance, please contact Our customer care
b) The procedure of escalation of complaints shall be as follows:
Escalation Level – 1: Write to Team HEXARIDE Shuttle
Address: Alcove Gloria, BL-2, 6th Floor, FL-6L, 403/1,
Dakshindari Road, Kolkata -700 048,
Response Time: 72 hours
c) We shall respond to all complaints lodged with us, within 72 (seventy
two) hours through emails, telephone calls, personal visits, etc. and
shall redress your grievance expeditiously.
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.
GOVERNING LAW AND DISPUTE RESOLUTION :
a) Any dispute, controversy or claim arising out of or relating to this
T&Cs or the validity, interpretation, breach or termination thereof
(“Dispute”), including claims seeking redress or asserting rights under
the Applicable Law shall be amicably settled, in the offices of
HEXARIDE in Kolkata, through mutual consultation. If the Dispute
is not settled amicably as aforesaid within a period of  (Fourteen)
calendar days, the matter would be referred to arbitration in
accordance with the provisions of the Arbitration and Conciliation Act,
1996. Arbitration shall be presided over by a sole arbitrator mutually
appointed by Us and the Customer.
b) The arbitration proceedings shall be conducted in the English
language. The venue for the arbitration proceedings shall be Kolkata.
This T&Cs shall be governed by and construed in accordance with
the laws of India and, subject to this Clause 26, We and You agree and
undertake that any controversy or claim arising out of or relating to
these T&Cs will be adjudicated exclusively before a competent court in
Kolkata, India only.