Med-Cab Care Private Limited
Terms and Conditions

Effective 1^st March 2023

Important: Please ensure that you read and understand all these Terms of Use before you use the Service. If you do not accept any of the Terms of Use, then please do not use the Website or avail any of the services being provided therein. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service.

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. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use.

 

1. DEFINITIONS

All capitalized terms in this Agreement, unless there is something in the subject matter or context inconsistent therewith, shall have the meaning ascribed to them below:

 

      “Account” shall mean the account created by Customer on the Website/Application for availing the Services provided by Med-Cab.

 

1.1. “Advanced Life Support Ambulance (ALS)” shall mean an Ambulance which is capable of providing treatment of life-threatening medical emergencies through the use of techniques such as endo-tracheal intubations, administration of drugs or intravenous fluids, cardiac monitoring, and electrical therapy by a qualified person;

 

1.2. “Ambulance” shall mean a vehicle, duly registered by the Transport Department, that is used for transporting injured to the nearby health facility in case of emergency, such as accident/disaster, etc.; as also for transporting patients in  non-emergency situations such as scheduled visits to a doctor for treatment, routine physical examinations, X-ray or laboratory tests, transporting patients upon discharge, etc. ;

 

1.3. “Ambulance Service Zone” shall mean the geographic area of the Med-Cab service category area

 

1.4. “Ambulance Transportation Services” shall mean transporting injured to the nearby health facility and would include transport, such as scheduled visits to a doctor for treatment, routine physical examinations, X-ray or laboratory tests, transporting a woman for delivery to a hospital or after delivery and discharge to her home, transporting patients upon discharge from a hospital/nursing home, to another hospital/nursing home or to residence, etc.;

 

1.5. “Applicable Law(s)” shall mean the relevant laws, rules, regulations, notifications, ordinances, bye-laws, guidelines, directions, policies, directives, memorandums, etc. that are issued by the concerned department, tribunal, other governmental bodies, court(s), state/central government(s) with regards to the operation, running, maintenance of Ambulances;

 

1.6. “Application” shall mean the mobile application “Med-Cab” updated by Med-Cab from time to time.

 

1.7. “Basic Life Support Ambulance (BLS)” means Ambulance which is capable of providing basic life support to the Users;

 

        “Customer or customer, You or you, Your or your”

means a person who has an Account on the Website/Application;

 

1.9. “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by Transporter Provider associated with us to provide the Ambulance Transportation Services on its behalf and who have necessary permits and licenses to provide Ambulance Transportation Services transportation services within the Ambulance Service Zone;

 

          “E-Wallet” shall mean a prepaid instrument, which can be used to make payments;

 

1.11. “Force Majeure Event” includes but is not limited to strikes, lockouts, labor disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against;

 

1.12. “Med-Cab” or “us” or “we” or “our” shall mean Med-Cab  Pvt. Ltd. having its registered office at —————————————————————

, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns;

 

1.13. “Need” shall mean the travel in the Ambulance by the Customer facilitated through the Website/Application;

 

1.14. “Patient Transport Vehicle” shall mean a vehicle (vans, buses or other vehicles) used by Stable Patient for making non emergency calls such as scheduled visits to a physician’s office for treatment, routine physical examinations, x-rays or laboratory tests, or is used for transporting patients upon discharge from a hospital or nursing home to a hospital or nursing home or residence, or attending to other non emergency calls.

 

1.15. “Software” shall mean the mobile application, or the website, created and developed by Eutopia to provide a platform to connect Users to independent Ambulance Transportation Service providers;

 

1.16. “Stable Patient” is one whose condition can be expected to remain the same throughout the transport and for whom none of the criteria for emergency transport has been met.

 

1.17. “Website” shall mean http://Med-Cab.in  operated by Med-Cab or any other software that enables the use of the Application or such other URL as may be specifically provided by Med-Cab.

 

1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Med-Cab Health Private Limited (“ Med-Cab ”) a private limited liability company established in India , having its registered office at Vibhuti Khand-3 Gomti Nagar Lucknow. along with office in other states with Corporate Identification Number.

*PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

ELIGIBILITY

You will be “Eligible” to use the Services only when you fulfil all of the following conditions: (a) You have attained at least 18 (eighteen) years of age.

(b) You are competent to enter into a contract under the Applicable Laws.

As a minor if you wish to use the Service such services shall be availed by your legal guardian or parents who have registered as a user on Website/Application. Med-Cab reserves the right to terminate your registration and refuse to provide you with access to the Website/Application if it is brought to Med-Cab ‘s notice or if it is discovered that you are under the age of 18 years.

 

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

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Med-Cab Health. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Med-Cab Health may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services.

Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Med-Cab may amend the Terms related to the Services from time to time. Amendments will be effective upon Med-Cab 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 Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in Med-Cab  Privacy Policy located at https://www.Med-Cab.in. Med-Cab may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

 

You understand and acknowledge that you can register on the Website/Application only after complying with the requirements of the relevant Clauses and by entering all the requisite information require to register.

You shall ensure that all the information that you provide during registration is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect information provided by you.

You are solely responsible for maintaining the confidentiality of your information and will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.

2. The Services

The Services constitute a technology platform that enables users of Med-Cab mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or medical services with independent third party providers of such services, including independent third party ambulance providers under agreement with Med-Cab  or certain of Med-Cab affiliates (“Third Party Providers”). Unless otherwise agreed by Med-Cab in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

YOU ACKNOWLEDGE THAT Med-Cab  DOES NOT PROVIDE AMBULANCE SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY Med-Cab OR ANY OF ITS AFFILIATES.

LICENSE.

Subject to your compliance with these Terms, Med-Cab  grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Med-Cab  and Med-Cab  license.

RESTRICTIONS.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Med-Cab Health; (iii) recompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

THIRD PARTY SERVICES AND CONTENT.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Med-Cab  does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Med-Cab  does not endorse such third party services and content and in no event shall Med-Cab be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

OWNERSHIP. The Services and all rights therein are and shall remain Med-Cab Health’s property or the property of Med-Cab  licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Med-Cab  company names, logos, product and service names, trademarks or services marks or those of Med-Cab  licensors.

3. Your Use of the Services

USER ACCOUNTS.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Med-Cab Health certain personal information, such as your name, address, mobile phone number and age, medical information as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services of Med-Cab and lead to termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Med-Cab Health in writing, you may only possess one Account.

USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. 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 Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

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

 

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 or email or failure to inform

Med-Cab of the incorrect details immediately. TEXT MESSAGING.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Med-Cab  at any time by sending an email to support@Med-Cab medicare.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

PROMOTIONAL CODES.

Med-Cab  may, in Med-Cab  sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Med-Cab Health establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Med-Cab ; (iii) may be disabled by Med-Cab  at any time for any reason without liability to Med-Cab ; (iv) may only be used pursuant to the specific terms that Med-Cab  establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Med-Cab  reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Med-Cab  determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

USER PROVIDED CONTENT.

Med-Cab may, in Med-Cab sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Med-Cab through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Med-Cab, you grant Med-Cab a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sub-license, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Med-Cab business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Med-Cab the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Med-Cab use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Med-Cab in its sole discretion, whether or not such material may be protected by law. Med-Cab may, but shall not be obligated to, review, monitor, or remove User Content, at Med-Cab sole discretion and at any time and for any reason, without notice to you.

NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services 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 Services and Applications and any updates thereto. Med-Cab does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Med-Cab will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law.

Med-Cab reserves the right to charge you an additional amount for pickup facility provided at various places along with applicable taxes (including but not limited to GST). Charges paid by you are final and non-refundable, unless otherwise determined by Med-Cab. Med-Cab will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

All Charges are due immediately and payment will be facilitated by Med-Cab using the preferred payment method designated in your Account, after which Med-Cab will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Med-Cab may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and Med-Cab, Med-Cab reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Med-Cab sole discretion.

Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Med-Cab will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

Med-Cab may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers, subscriptions and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third-Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third-Party Provider for the services provided. Any representation by Med-Cab (on Med-Cab website, in the Application, or in Med-Cab marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Med-Cab provides any additional amounts, beyond those described above, to the Third-Party Provider.

You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.

Once you have completed a journey using the Service, you are required to make payment in full to the Transportation Provider in cash or your payment will be deducted automatically from E-Wallet and is non- refundable. If you have any complaints in relation to the Transportation Provider, then that dispute must be taken up with the Transportation Provider directly.

REPAIR OR CLEANING FEES.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Med-Cab in Med-Cab reasonable discretion, Med-Cab reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third-Party Provider using your payment method designated in your Account. Such amounts will be transferred by Med-Cab to the applicable Third-Party Provider and are non-refundable.

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

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Med-Cab DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Med-Cab MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Med-Cab DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

Med-Cab SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF Med-Cab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Med-Cab SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Med-Cab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Med-Cab SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Med-Cab REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL Med-Cab TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS ($500). Med-Cab SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Med-Cab HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNITY.

You agree to indemnify and hold Med-Cab and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Med-Cab use of your User Content; or (iv) your violation of the rights of any third-party, including Third-Party Providers.

WAIVER

Any waiver of any provision of these Terms of Use, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

6. Governing Law; Arbitration.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforce ability (any “Dispute”) shall be first mandatory submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”).

The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Hyderabad, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third-party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third-party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

7. Other Provisions

CLAIMS OF COPYRIGHT INFRINGEMENT.

Claims of copyright infringement should be sent to Med-Cab designated agent. Please visit Med-Cab web page at https://www.Med-Cab.in/legal for the designated address and additional information. NOTICE. Med-Cab may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Med-Cab by written communication to Med-Cab’s address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without Med-Cab prior written approval. You give your approval to Med-Cab for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Med-Cab equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Med-Cab or any Third-Party Provider as a result of the contract between you and Med-Cab or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforce ability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Med-Cab GUIDELINES FOR LAW ENFORCEMENT AUTHORITIES

The following guidelines are intended to inform law enforcement about the legal process for seeking records from Med-Cab. These are merely guidelines, and this information may change at any time. For private party requests, including requests from civil litigants and criminal defendants, we recommend browsing Guidelines for Third-Party Data Requests.

WHAT IS Med-Cab AND WHAT RECORDS DO WE HAVE?
Med-Cab is a technology company that has developed an app that connects users (Customers) with driver partners who provide medical transportation to the user. Med-Cab is not a transportation carrier and does not employ any drivers. Users can use the Med-Cab App to request transportation via their smartphone or the web. Med-Cab users can choose from a variety of drivers available in his or her location. At the end of the ride, both the driver partner and user receive a copy of the fare receipt. More information about our services is available here. We store and maintain information as described in our Privacy Statements and our Terms of Use.

WHAT TYPE OF LEGAL PROCESS DOES Med-Cab REQUIRE BEFORE PRODUCING USER OR PARTNER INFORMATION?
For Indian Law Enforcement, we require valid and sufficient legal process before we can disclose business records regarding partners, users, or trips. In most instances, we won’t be able to provide any information without a valid subpoena, court order, or search warrant. We accept law enforcement requests via email to legal@Med-Cab.com or via personal service through our corporate agent, Vibhuti Khnad-3 Gomti Nagar , Lucknow, Uttar Pradesh 226010. Our acceptance of legal process does not waive any legal objections Med-Cab may have and may raise in response to the request.

WHAT FORM OF REQUESTS DOES Med-Cab REQUIRE, AND HOW ARE REQUESTS PROCESSED?
To respond to a request, we will need to receive the applicable process described above, as well as a valid return email address from an official government domain. We review each request for facial and substantive validity, and will reject requests that are not facially and substantively valid. Among other things, we require requests to be narrowly tailored to a legitimate law enforcement need and will reject overly broad, vague, or unduly burdensome requests. In order to make sure your Law Enforcement Request is valid and does not seek more information than necessary, we ask for the following: A sufficiently narrow/defined time period; A specific event or action that the subject took; A specific reference (i.e., you must uniquely identify a user or driver partner) We disclose data to law enforcement when we determine that we are required to do so by law. In those instances, we will search for and disclose data that we are reasonably able to locate and retrieve.

HOW DOES Med-Cab HANDLE EMERGENCY REQUESTS?
We have a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a user, driver partner, or third-party or stopping illegal activity that poses an immediate threat of death or serious bodily harm. Requestors must submit an Emergency Request Form (which can be requested through info@medcab.in) that describes in detail the nature of the emergency, and we review these requests on a case-by-case basis. Law enforcement can submit an emergency request by emailing info@medcab.in. Please note that we will only review and respond to emergency requests from law enforcement, and will not respond to emergency requests sent to this address by non-law enforcement officials. Non-law enforcement officials aware of an emergency situation should immediately and directly contact local law enforcement officials.

DOES Med-Cab NOTIFY INDIVIDUALS OF A LAW ENFORCEMENT REQUEST FOR INFORMATION RELATING TO THEM?
Yes, we may notify subjects before producing their information to law enforcement, unless we are prohibited by law from doing so, or in exceptional circumstances such as emergencies. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.

DOES Med-Cab PROVIDE A CERTIFICATE OF AUTHENTICATION OR EXPERT TESTIMONY?
We may provide a certification from our records custodian but are not generally able to provide in-person or expert witness testimony. Law enforcement officials with questions about these guidelines should email info@medcab.in. Please note that we will not respond to non-law enforcement inquiries received at this email address. For non-law enforcement inquiries, please see Guidelines for Third-Party Data Requests.
Please note that we update our Terms and Conditions on a regular basis. Therefore, we request that you keep checking on the same to remain up to date with our terms.

 

INTELLECTUAL PROPERTY OWNERSHIP

 

Med-Cab and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application 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 Service.

 

The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, Software and/or the Application, or any intellectual property rights owned by the Med-Cab and/or its licensors. The Med-Cab name, the Med-Cab logo, the Service, the Software and/or the Application and the Transportation Providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Med-Cab or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software and Application herein shall include its respective components, processes and design in its entirety.