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 Common Fleet Private Limited (QuicReach), a private limited company established in India, having its registered office at Plot No-304, Orchid Blue, Bodh Ashram Surya Nagar, Firozabad-283203, Uttar Pradesh with Corporate Identification Number U49224UP2023PTC188188. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and QuicReach. 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. QuicReach 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.
QuicReach may amend the Terms related to the Services from time to time. Amendments will be effective upon QuicReach’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the 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 QuicReach’s Privacy Policy located at https://www.quicreach.com/privacy. QuicReach 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.
2. THE SERVICES
The Services constitute (i) the technology platform that enables users of QuicReach’s mobile applications or websites (each, an “Application”) to arrange and schedule transportation services with independent third party providers of such services, including independent third party transportation providers under an agreement with QuicReach and/or certain of QuicReach’s affiliates (“Third Party Providers”); (ii) support services to the users of the Applications in relation to, among others, payment facilitation, sharing trip related details, resolving issues/queries/complaints/support tickets, arranging pickup facility for airports or such other places and other similar support services; and (iii) services of ride pass offered to the users of the Applications. Ride pass enables the users to avail the benefit of discounted rides as offered by QuicReach from time to time.
Unless otherwise agreed by QuicReach in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT QUICREACH DOES NOT PROVIDE TRANSPORTATION 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 QUICREACH OR ANY OF ITS AFFILIATES.
LICENSE:
Subject to your compliance with these Terms, QuicReach 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, non-commercial use. Any rights not expressly granted herein are reserved by QuicReach and QuicReach’s licensors.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 QuicReach; (iii) decompile, 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.PROVISION OF THE SERVICES:
You acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) independent Third-Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations, or licenses.THIRD PARTY SERVICES AND CONTENT:
The Services may be made available or accessed in connection with third party services and content (including advertising) that QuicReach 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. QuicReach does not endorse such third-party services and content and in no event shall QuicReach be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., 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-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 QuicReach’s property or the property of QuicReach’s 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 QuicReach’s company names, logos, product and service names, trademarks, or services marks or those of QuicReach’s licensors.3. YOUR USE OF THE SERVICES
USER ACCOUNTS – 18+ YEARS AGE:
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 QuicReach certain personal information, such as your name, address, mobile phone number and age, 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 or QuicReach’s 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 QuicReach in writing, you may only possess one Account.USER ACCOUNTS – TEEN:
By accepting the invite to create an QuicReach account (“Teen Account”), you attest that you are between the ages of 13 and 17. You acknowledge and understand that your parent/guardian has also agreed to these Teen Account Terms of Use, governing your use of the Services. You agree that QuicReach may contact your parent/guardian regarding your use of the Services, including regarding issues and incidents reported by you, your parent/guardian, drivers, or others. You acknowledge that QuicReach may contact you without your parent/guardian being present. You further understand and agree that there is no expectation of privacy as between you and your parent/guardian with regard to information that either of you provide to QuicReach.You agree that only you, your parent/guardian, and adult and minor guests on trips (13-17 years old with parental consent) may access the Services using your Teen Account. Minor guests may not ride using the Teen Account without parental consent and without you also on the trip, and may not otherwise use the Teen Account to access Services. You and your parent/guardian are fully responsible for ensuring that the Teen Account is only used for authorized purposes.
Your local jurisdiction may have laws and regulations governing when, where, or how you may use the QuicReach App and Services. You understand you and your parent/guardian are responsible for knowing and obeying all laws or regulations that could impact your use of your Teen Account and the QuicReach App. Your local jurisdiction may also have laws and regulations governing how QuicReach must respond in the event of an incident involving you or your authorized guests, and you understand that QuicReach may be required to take certain actions, including mandatory reporting to designated authorities.
Where allowed by local, provincial, state, and/or central law and enabled in the QuicReach App, QuicReach may facilitate the use of audio and/or video recording on trips. By using the Teen Account and allowing the QuicReach App to access your mobile device’s microphone, you agree to allow in-app audio recording on your trips. Should you not wish to provide that consent, you may disable the in-app feature.
You also agree to recording by drivers if they so choose (using their phone, dashcams, the QuicReach App, or other recording methods) on your trips.
You acknowledge the Privacy Notice, and understand it governs our use of your data. You also acknowledge the Community Guidelines, and understand that both your Teen Account and your parent/guardian’s account may be impacted if you or your parent/guardian fails to adhere to those guidelines. You further understand that the General Terms of Use, including but not limited to the arbitration provisions therein, apply to your use of the Services, and both your account and your parent/guardian’s account may be impacted by any failure by you to adhere to those requirements.
USER ACCOUNTS – PARENT OR GUARDIAN:
By creating an QuicReach account for your teenager (“Teen Account”), you attest that you have legal authority to act on your child’s behalf, and have conferred with any other parent or legal guardian of the child, if and where required. You attest that your child (referred to below as your “Teen”) is between the ages of 13 and 17. You acknowledge and understand QuicReach has no duty or obligation to confer with, or seek consent from, any other parent/guardian. You represent you have obtained the consent of your Teen to share their personal information with QuicReach, if and where required. You have or will review the terms of use with your Teen, and on behalf of your Teen, you agree to those Terms. You agree that QuicReach may contact your Teen regarding issues and incidents reported by you or others. You also understand that should you wish for your Teen to no longer have access to their Teen Account, you are responsible for revoking their access by removing them from your QuicReach Family profile.IMPORTANT: PLEASE BE ADVISED THAT THE GENERAL TERMS OF USE APPLIES TO THIS AGREEMENT AND CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND YOUR TEEN, AND QUICREACH, CAN BE BROUGHT, INCLUDING AN ARBITRATION AGREEMENT AND/OR REQUIREMENT. PLEASE REVIEW THE ARBITRATION AGREEMENT CAREFULLY, AS IT REQUIRES YOU AND YOUR TEEN TO RESOLVE ALL DISPUTES WITH QUICREACH ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE GENERAL TERMS OF USE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION FOR YOU AND YOUR TEEN.
You consent to QuicReach communicating directly with your Teen, including in situations where they or others (e.g., a driver) may report an issue or incident. This communication may occur through the QuicReach App, over the phone provided by you, by email, or otherwise. QuicReach may, at its discretion, make a good faith effort to notify you and secure your presence before speaking with your Teen. However, your involvement is not a prerequisite to any communication with your Teen. You further understand and agree that except as required by law, there is no expectation of privacy as between you and your Teen with regard to information either of you provide to QuicReach.
You agree that only you, your Teen, and adult and minor guests on trips (13-17 years old with parental consent) may access the Services using the Teen Account. Minor guests may not ride using the Teen Account without parental consent and without your Teen also on the trip, and may not otherwise use the Teen Account to access Services. You and your Teen are fully responsible for ensuring that the Teen Account is only used for authorized purposes. You confirm that the phone number provided by you for your Teen's account is authorized by you in accordance with law for their use of QuicReach's services, including accessing the QuicReach App.
Your local jurisdiction may have laws and regulations governing when, where, or how your Teen may use the QuicReach App and Services. You understand you and your Teen are responsible for knowing and obeying all laws or regulations that could impact your Teen’s use of their account and the QuicReach App. Your local jurisdiction may also have laws and regulations governing how QuicReach must respond in the event of an incident involving your Teen or their authorized guests, and you understand that QuicReach may be required to take certain actions, including mandatory reporting to designated authorities.
Where allowed by local, provincial, state, and/or central law and enabled in the QuicReach App, QuicReach may facilitate the use of audio and/or video recording on your trips. By permitting use of the Teen Account and allowing the QuicReach App to access your Teen’s mobile device’s microphone, you consent to in-app audio recording on your trips via your Teen’s mobile device. Should you not wish to provide that consent, you or your Teen may disable the in-app feature on their mobile device.
You also consent to recording by drivers if they so choose (using their phone, dashcams, QuicReach App, or other recording methods) on your Teen’s trips.
You agree that you are financially responsible for your Teen’s use of their Teen Account as well as use of the Teen Account by any other person. You also agree to indemnify and hold harmless QuicReach for any and all conduct by your Teen and those taking trips using the Teen Account.
You acknowledge the Privacy Notice, and understand it governs our use of both your data and that of your Teen. You also acknowledge the Community Guidelines, and understand that both your account and the Teen Account may be impacted if you or your Teen fails to adhere to those Guidelines or these Teen Account Terms of Use. You further understand that the General Terms of Use apply to your Teen’s use of the QuicReach Services and their Teen Account, including but not limited to the arbitration provisions therein.
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 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 (e.g., no transport of unlawful or hazardous materials). 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.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 QuicReach at any time by sending an email to support@quicreach.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:
QuicReach may, in QuicReach’s 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 QuicReach 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 QuicReach; (iii) may be disabled by QuicReach at any time for any reason without liability to QuicReach; (iv) may only be used pursuant to the specific terms that QuicReach establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. QuicReach 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 QuicReach 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:
QuicReach may, in QuicReach’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to QuicReach 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 QuicReach, you grant QuicReach a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, 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 QuicReach’s 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 QuicReach 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 QuicReach’s 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 QuicReach in its sole discretion, whether or not such material may be protected by law. QuicReach may, but shall not be obligated to, review, monitor, or remove User Content, at QuicReach’s 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. QuicReach 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 you receive from QuicReach and / or a Third-Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, QuicReach will facilitate your payment of the applicable Charges received on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent. Payment of such Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. All Charges will be inclusive of applicable taxes where required by law. QuicReach reserves the right to charge you amounts for, among others, applicable tolls, fees, and charges incurred for the provision of services by the Third-Party Providers, charges for the Services, pickup facility provided at various places, each along with applicable taxes (including but not limited to GST). Please note that QuicReach shall determine the city in which your trip commences as your address on record of QuicReach, wherever available. Charges paid by you are final and non-refundable, unless otherwise determined by QuicReach. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services. QuicReach will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by QuicReach using the preferred payment method designated in your Account, after which QuicReach 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 QuicReach may use a secondary payment method in your Account, if available. As between you and QuicReach, QuicReach reserves the right to establish, remove and/or revise the Charges for any or all services or goods obtained through the use of the Services at any time in QuicReach’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. QuicReach 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. QuicReach may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in discounted 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 or goods 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 compensate the Third-Party Provider and QuicReach for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, QuicReach does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. Any representation by QuicReach (on QuicReach’s website, in the Application, or in QuicReach’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that QuicReach 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 or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.
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 QuicReach in QuicReach’s reasonable discretion, QuicReach 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 QuicReach to the applicable Third-Party Provider and are non-refundable.4. DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNITY
DISCLAIMER:
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUICREACH 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, QUICREACH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. QUICREACH 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, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.LIMITATION OF LIABILITY:
QUICREACH 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 QUICREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUICREACH 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 QUICREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUICREACH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND QUICREACH’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL QUICREACH’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500). QUICREACH’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT QUICREACH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS 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 QuicReach 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) QuicReach’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.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 enforceability (any “Dispute”) shall be first mandatorily 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 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 QuicReach’s designated agent. Please visit QuicReach’s web page at https://www.quicreach.com/legal for the designated address and additional information.NOTICE:
QuicReach 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 QuicReach by written communication to QuicReach's address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without QuicReach’s prior written approval. You give your approval to QuicReach for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of QuicReach’s equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, QuicReach or any Third-Party Provider as a result of the contract between you and QuicReach 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 enforceability 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.”QUICREACH GUIDELINES FOR LAW ENFORCEMENT AUTHORITIE:
The following guidelines are intended to inform law enforcement about the legal process for seeking records from QuicReach. 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 QUICREACH AND WHAT RECORDS DO WE HAVE?
QuicReach is a technology company that has developed an app that connects users (riders) with driver partners who provide transportation to the user. QuicReach is not a transportation carrier, and does not employ any drivers. Users can use the QuicReach App to request transportation via their smartphone, the web, or via SMS. QuicReach 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 QUICREACH REQUIRE BEFORE PRODUCING USER OR PARTNER INFORMATION?
We disclose business records only in accordance with our terms of service and applicable law. A valid Indian court order (via mutual legal assistance treaty, mutual legal assistance agreement, or letter rogatory) may be required to compel disclosure of certain records. We accept requests via email to support@quicreach.com or via personal service to the following address: Plot No-304, Orchid Blue, Bodh Ashram Surya Nagar, Firozabad-283203, Uttar Pradesh. Our acceptance of legal process does not waive any legal objections QuicReach may have and may raise in response to the requestWHAT FORM OF REQUESTS DOES QUICREACH 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 QUICREACH 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 press SOS button provided to them in the QuicReach application or can submit an Emergency Request Form (which can be requested through support@quicreach.com) 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 support@quicreach.com. 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 QUICREACH 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 QUICREACH 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 support@quicreach.com. 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.Requests by law enforcement must be made through valid legal process. Emergency situations must follow specific guidelines, and only law enforcement may submit such requests. More details are available at https://www.quicreach.com/legal.