SHUTTL TERMS OF USE

 

These terms of use and service (“Shuttl Web Terms”) along with the Shuttl Privacy Policy, together constitute a legally binding agreement (“Shuttl Web Agreement” or this “Agreement”) between the You and Chalo Mobility Private Limited (“Shuttl”, “Our”, “We”, “Us”) with respect to Your use of Our Platforms and Services.

 

This document (‘Terms of Use’) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended 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 document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 amended through Information Technology Amendment Act, 2008 that requires publishing the Terms of Use for access or usage of this mobile application ('App').

 

The App is owned by Chalo Mobility Private Limited, a company incorporated under the Companies Act, 1956, with its registered office at F-611 Tower 2, Seawoods Grand Central, Navi Mumbai 400706, India and operated under the name of ‘Shuttl’.

 

If you continue to browse and use this App, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern your relationship with Shuttl in relation to this App and the Services (as described below).

 

For the purpose of these Terms of Use, wherever the context so requires 'You' or 'User' shall mean any natural or legal person who is visiting/viewing the App or has agreed to become a user of the Services by using the App as a registered user. The terms 'We', 'Us', and 'Our' shall mean Shuttl.

 

'Services' shall mean the transportation services provided to You on the Vehicles belonging to the Operator through the App.

 

‘Operator’ shall mean any individual / company / sole proprietorship / firm holding a contract carriage permit issued under the provisions of the Motor Vehicles Act,1988 or any other person authorised by such permit holder.

 

‘Vehicle(s)’ shall mean the vehicles belonging to the Operator, which are made available for use to the User through the use of the App.

 

‘Payment Facility’ refers to the third-party payment processors, wallets, online fund transfer facility through banks or credit cards or mobile & internet-based payment/commerce platforms or authorized payment gateway networks as recognised and authorised by the Reserve Bank of India, used to facilitate the purchase of rides (as defined hereinafter) on the App.

 

These Terms of Use apply to all services offered on the App, collectively with any additional terms and conditions that may be applicable to the specific service used/accessed by User(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.

 

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the App following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the App.

 

ACCESSING OR OTHERWISE USING THE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

 

I. USER(S) ELIGIBILITY

 

1. User(s) means any individual or business entity/organization that legally operates in India or in other countries, who uses and has the right to use the Services provided on this App for personal and non-commercial use.

 

2. If You register yourself on the App as a business entity /organisation, You represent that You are duly authorised by the business entity / organisation to accept the Terms of Use and have the authority to bind the business entity / organisation to the Terms of Use of this App.

 

3. The Services offered on the App are available only to those individuals or companies or entities who can execute legally binding contracts under the applicable law. Therefore, the User(s) must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use the App.

 

4. Shuttl advises its User(s) that while accessing the App, they must follow/abide by the related laws. Shuttl is not responsible for the possible consequences or any third party liabilities caused / arisen by your actions/behaviour during the use of App. Shuttl may, in its sole discretion, suspend the App or refuse to usage of the App to any User at any time or block the access of any User to the App.

 

II. USER(S) ACCOUNT AND OBLIGATIONS

 

1. Shuttl reserves the right to collect any user data including name, contact information and other details through the App or other apps to facilitate use of its platform to avail Services. All information collected from the User is on a bonafide basis. You agree that Shuttl may contact You by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by You or on your behalf in connection with your Shuttl account created through the App (“Shuttl account”), including for marketing purposes.

 

2. You are solely and entirely responsible for maintaining the confidentiality, usage and security of your Shuttl account, display name and password and for restricting access to your mobile device.

 

3. You will only use the Services or download the App for your sole and personal legal use and will not resell it to a third party nor try to hack or reverse engineer the App or facilitate any person to do the same while using the App or otherwise. Shuttl has irrevocable and unilateral right to refuse to User the usage of App and/or block the User and/or to impose any fines or penalties or take any other recourse, legal or otherwise, as may be available to Shuttl under any applicable laws or under contract at the sole expense of the User, in case it appears to Shuttl, or is discovered by, alleged or comes to the knowledge of Shuttl that the User is guilty of any fraud, misrepresentation, illegal actions, cheating, creating nuisance, misuse of App or any other misconduct.

 

4. You shall not license, sublicense, transfer, assign, sell or distribute or otherwise commercially exploit or make available to any third party the Credits or the App in any way.

 

5. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Shuttl shall have the right to indefinitely suspend or terminate or block your access to the App. Misuse and misrepresentation of identity or contact details will lead to automated indefinite denial of the use of the App without prior notice to such User(s).

 

6. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the User or on expiry of the tenure notified by Shuttl for such promotional discounts, offers and reward points. Shuttl may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future usage of App and/or a third party provider's services, or other features or benefits related to the App, subject to any additional terms that Shuttl may prescribe and/or such third party provider’s may prescribe, from time to time. 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 by way of publishing or posting the same on any public platform or otherwise), unless expressly permitted by Shuttl; (iii) may be disabled by Shuttl at any time for any reason without any liability to Shuttl; (iv) may only be used pursuant to the specific terms that Shuttl establishes for such Promo Code; (v) cannot be redeemed for its value in cash; and (vi) may expire prior to your use. Shuttl reserves the right to withhold or deduct benefits obtained through the use of the referral system or Promo Codes by You or any other User in the event that Shuttl determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of these Terms of Use.

 

7. Shuttl is entitled at all times to verify the information that You have provided and to refuse use of the App by You without providing any reason.

 

8. In case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID or other contact details, as may be prescribed by Shuttl from time to time, the account shall be indefinitely suspended. Shuttl reserves the full discretion to suspend or permanently disable a User's account in the above event and shall not have the liability to share any account information whatsoever.

 

9. You agree to accept responsibility for all benefits availed through your Shuttl account or activities that occur under your Shuttl account or password including any content stored, posted or otherwise transmitted through your Shuttl account even when certain content is posted / activities undertaken / benefits availed by others who have access to your Shuttl account with or without your consent/authorization. Shuttl will not be responsible for any changes to the content in your Shuttl account that are attributable to use of your Shuttl account by any third party, with or without your consent and You hereby expressly agree not to hold Us liable in such a case. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by You to protect your password for your Shuttl account and the loss or damage arising therefrom.

 

10. If You know or suspect that someone unauthorized knows your password for your Shuttl account or any other security breach, then You should notify Us by contacting Us immediately and in no event later than 24 hours through the contact details provided in the "Contact Us" section of the website or on the chat support and/or ‘Help’ option on the App. If Shuttl has reason to believe that there is likelihood of a breach of security or misuse of the App, We may require You to change your password for your Shuttl account or We may suspend your Shuttl account without any liability to Shuttl and without any prior notice to You. Without prejudice to the above, Shuttl reserves the right to recover from You any and all damages, losses or costs that are levied on or suffered by Shuttl or Operator(s), Shuttl’s vendor(s) or other Users due to misuse of your Shuttl account or your password for your Shuttl account whether due to reasons attributable to You or not. We shall not be held liable in any manner whatsoever to anyone for any misuse of your Shuttl account by any person with or without your consent or authority.

 

11. You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information that

 

a.     belongs to another person and to which the User does not have any right to;

b.     is grossly, directly or indirectly, harmful, harassing, blasphemous; outrageous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c.     harms minors in any way;

d.     infringes any patent, trademark, copyright or other proprietary rights;

e.     violates any law for the time being in force;

f.      deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g.     impersonates another person;

h.     contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App;

i.       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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

 

III. COMMUNICATIONS

 

When You use the App or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Shuttl through electronic records and You consent to receive communications via electronic records from Shuttl periodically and as and when required. Shuttl may communicate with You by email or by such other mode of communication, electronic or otherwise.

 

IV. PLATFORM FOR TRANSACTION AND COMMUNICATION

 

1. It is agreed and understood by the User that Shuttl through the App enables the Users to avail the Services for their transportation from one point to another on the Vehicles on pre-determined specified routes and times as previously agreed to between Shuttl and the Operator. By using the App, You enter into a contract with Shuttl for the purpose of availing the Services in accordance with the terms and conditions contained herein. Shuttl reserves the right to remove / modify / alter existing routes / pick-up points / drop-off points and the timings of the Services as well as the fee / charges for the Services, from time to time, without any prior notice to You. It shall be the sole responsibility of the User to verify these details prior to availing the Services. Shuttl shall not be held responsible for any inconvenience caused to the User due to the changes stipulated in this clause.

 

2. The User shall at the time of entering the Vehicle be required to validate his/her identity in order to comply with the regulations/ law concerning a contract carriage.

 

3. The App acts as a facilitator for the User to avail the Services for their transportation. By registering for the use of the App, the User enters into a bipartite agreement, for the purpose of availing the Services for his transportation on the Vehicles as offered through the use of the App.

 

4. It is hereby agreed that Shuttl itself does not provide transportation services. It merely enters into a contract with the Operators for hiring of their Vehicles as a whole on a contract carriage basis and the User by entering into this agreement, agrees to avail the Services of the Operator by using the App in order to have access to the transportation services offered by the Operator through the App.

 

5. Shuttl under no circumstance accepts liability in connection with the quality and efficiency of the transportation services provided by the Operator. Shuttl accepts no liability in connection with and/or related to the acts, actions, omissions, behaviour, conduct and/ or negligence, defaults, accidents, tort on the part of the Operator, co-passengers or drivers, conductors, helpers and other crew of the Vehicles.

 

6. Shuttl does not make any representation or warranty of the Vehicles and the Operators, drivers, conductors, helpers and other crew of the Vehicles as to specifics (such as quality, efficiency, background, value, etc) of the services offered by the Operator and Shuttl accepts no liability for any errors or omissions thereof.

 

V. TERMS & CONDITIONS FOR USE OF APP

 

The following terms and conditions shall apply to User(s) using the App and / or utilising the Services of the Operator:

 

1. For availing the Services through the Use of App, the User shall purchase subscription packages as available on the App through his Shuttl account and pay the fare and any fee or levy, tolls and applicable taxes presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. Shuttl reserves the right to change the fare for the Services at any time at its sole discretion, without any prior notification. Shuttl shall not be liable to refund any amount collected from the User towards any booking of Services which could not be used by the User for any reason whatsoever. No refund shall be made by Shuttl to the User for the payments made by the User for availing a subscription package for availing the Services. In case, if any refund has to be made by Shuttl in this regard, the same shall be made by Shuttl at its own discretion on reasonable grounds, on a case to case basis as per Shuttl’s internal policy as may be applicable from time to time.

 

2. The User agrees and accepts that the use of the App or the Services is at the sole risk of the User, and further acknowledges that Shuttl disclaims all representations and warranties of any kind, whether express or implied.

 

3. The User shall ensure that he/she will not indulge in any of the following activities while in a Vehicle:

 

a. Smoking or consuming any kind of intoxicants inside the Vehicle;

 

b. Littering the Vehicle;

 

c. Soiling or damaging the seats and/or any other interiors of the Vehicle;

 

d. Misusing, soiling or damaging any of the devices (technical/non-technical) in the Vehicle;

 

e. Asking the driver to break any traffic/RTO/city police and/or Government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the User;

 

f. Interfere in any manner in the discussions between the driver and government official/representative;

 

g. Any kind of altercation or verbal spat with co-passengers, drivers, conductors and other crew of the Vehicles; and

 

h. Any kind of misbehaviour, untoward incidents or harassment of the women, other co-passengers, drivers, conductors and other crew of the Vehicles.

 

Upon occurrence/ threat of occurrence of the aforestated events, the driver/ conductor has the right to refuse the pick-up or ask the User to alight the Vehicle forthwith and Shuttl shall have the right to terminate or suspend the provision of the Services to the defaulting User and/or block the User accessing, either permanently or temporarily, the App and/or claim indemnities for the damage/loss caused, directly or indirectly, to Shuttl. The information provided by the driver, conductor and other crew of the Vehicles or a representative of the Operator, present inside the Vehicle to Shuttl with regard to the occurrence of any of such events specified above shall be conclusive evidence for Shuttl to take the aforestated action by it against the defaulting User.

 

The User agrees that the information provided by the driver, conductor and other crew of the Vehicles or a representative of the Operator, present inside the Vehicle to Shuttl with regard to the occurrence of any of such events specified above shall be conclusive evidence for Shuttl to initiate or take the aforestated action by it against the defaulting User.

 

4. The User shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App, by hacking, password 'mining' or any other illegitimate means.

 

5. The User shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You shall not reverse look-up, trace or seek to trace any information on any other User or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, 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 App. Further, You shall not reverse engineer or access the App in order to (a) design or build a competitive product or service; or (b) copy any idea / feature / functions of the App.

 

6. The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Shuttl or the brand name or domain name used by Shuttl, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Shuttl on any platform or otherwise tarnish or dilute any of Shuttl's 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 Shuttl. The User agrees to not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or Shuttl's systems or networks, or any systems or networks connected to Shuttl.

 

7. The User shall not use the App or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Shuttl and / or others.

 

8. The User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations regarding the User’s use of App. The User shall not engage in any transaction which is prohibited by the provisions of any applicable law for the time being in force.

 

9. The User acknowledges and agrees that Shuttl is not responsible for any unauthorised use of any personal information that the User publicly discloses or shares with others on the App.

 

VI. PAYMENT

 

1. The User shall avail of the Services by purchasing through his Shuttl account the subscription packages as available on the App by using the Payment Facility (formerly known as “Credits”).

 

2. All payments made by the User towards the purchase the subscription packages through the Payment Facility shall be reflected on the User’s wallet in the User’s Shuttl account in the form of rides, which is a closed system payment instrument within the meaning of the master circular issued by the Reserve Bank of India.

 

3. It is agreed by the User that once the rides are purchased, they are final and refundable as per the refund policy.

 

4. If the User does not avail the Services for a continuous period of 6 (six) months then any unused Credits lying in the User’s Wallet in his Shuttl account may be forfeited by Shuttl at its sole discretion. However, Shuttl at it’s own discretion, may, upon his request made through the App, transfer the Credits available in the Shuttl account of the User, to the Shuttl account of another User registered on the App which are non-refundable. However, the transferee cannot obtain any money equivalent for the unused Credits so transferred.

 

6. While availing of the Payment Facility, Shuttl will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

 

- Lack of authorization for any transaction/s, or

- Unauthorized/ illegal use of the Credits, or

- Exceeding the pre-set limit mutually agreed by and between the User and bank(s), or

- Any payment issues arising out of the transaction, or

- Decline of transaction for any other reason/s.

 

7. All payments made by the User against the Services through the Payment Facility shall have Indian Rupees as the underlying currency. The App will not facilitate transaction with respect to any other underlying currency with respect to the transactions done on the App.

 

8. All commercial terms relating to the Services are as per bipartite contractual obligations between the User and Shuttl and the Payment Facility is used by the User to facilitate the completion of the transaction. Use of the Payment Facility shall not render Shuttl liable or responsible for the non-payment, damage, breach of representations and warranties, non-provision of the Services or fraud as regards the Services offered through the App.

 

9. You understand, accept and agree that the Payment Facility provided on the App is neither a banking nor financial service but is merely a facility providing an electronic, automated online electronic payment and remittance for the transactions on the App using the existing authorized banking infrastructure and payment gateway networks. Further, by providing Payment Facility on the App, Shuttl is neither acting as a trustee, agent, collaborator of banking organisation or payment gateway networks nor acting in a fiduciary capacity.

 

10. Shuttl reserves the right to refuse to process requests for availing the Services by User with a prior history of questionable charges including without limitation breach of any agreements by the User with Shuttl or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

 

11. The User acknowledges that Shuttl will not be liable for any damages, interests or claims etc. resulting from not processing a request for availing the Services by the User or any delay in processing such request for Services which is caused due to technical reasons and/or is beyond the control of Shuttl.

 

12. The User shall be issued an online receipt on making a booking through the use of the App. The receipt shall contain details of the Vehicle and the time of the provision of the Service.

 

VII. LIMITATION OF SHUTTL’S LIABILITY

 

1. Neither Shuttl nor any of its directors, officers, employees, and agents shall be liable for any losses, direct or indirect, special, punitive, exemplary, or consequential damages of any kind, including but not limited to lost profits, arising from the use of the Services. Any claim against the Operator / Operator’s staff / other passengers or Users shall be pursued by the User directly with any of them and Shuttl shall not be impleaded as a party to any such claim.

 

2. Shuttl is hereby authorized by the User to use the location based information provided by any of the telecommunication companies when the User uses the mobile phone to avail the Services. The location based information will be used only to facilitate and improve the probability of locating a Vehicle for the User.

 

3. Shuttl shall be entitled at any time without giving any reason to terminate the booking on the Vehicle done by the User.

 

4. If any User misses the Vehicle for no fault of Shuttl, Shuttl will not be liable for paying any compensation or refund to the User or for making any alternative transportation arrangements for the User.

 

5. Subject to the terms specified herein, Shuttl shall make an alternate arrangement only if the Vehicle has not reached the designated pick-up point due to reasons attributable to Shuttl.

 

6. Shuttl encourages all the Users to take full responsibility of his/her items. In case of lost items during the journey, Shuttl will assist in locating the items, but shall not be responsible in any manner whatsoever for the loss or damage to the same. If the User leaves any goods inside a Vehicle or has any complaint in respect of the Services or the use of the Vehicle, the User has to inform Shuttl of the same in writing within 24 hours of using the Services. The User waives the right to make any claims against Shuttl under this clause.

 

7. Shuttl shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions as available on the App on the date that Shuttl may indicate that such addition, variation or amendment is to come into effect.

 

8. It is expressly made clear to You hereby that Shuttl does not own any of the Vehicles nor does it directly or indirectly employ any drivers/conductors for the Vehicles. Vehicles are owned and the staff therein are employed by the Operator and Shuttl disclaims any and all liability in respect of the drivers, the conductors, helpers and other crew and the Vehicles alike. However, Shuttl encourages You to notify it of any complaints that You may have against the driver / conductors of any Vehicle that You may have hired using the App.

 

9. The User waives the right to claim any damages / losses from Shuttl caused due to actions or omissions of other Users or his co-passengers in the Vehicle.

 

10. If Shuttl has suspicion or knowledge, that any User is involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Shuttl may while reserving its rights to initiate civil and/or criminal proceedings including filing of complaints against such User may also at its sole discretion suspend, block, restrict, disqualify that User and any related users from using the App.

 

12. Shuttl reserves its right to initiate civil and/or criminal proceedings against a User who files an invalid and / or false claim or provides false, incomplete, or misleading information or makes misrepresentation or is engaged in illegal activities or engages in illegal activities during the course of availing the Services.

 

13. Every effort is made to keep the App up and running smoothly. However, Shuttl takes no responsibility for, and will not be liable for the App being temporarily unavailable due to technical issues or due to any reasons beyond Shuttl’s control.

 

VIII. DISCLAIMER OF WARRANTIES AND LIABILITY

 

This App and the Services, included on or otherwise made available to You through the App are provided on an 'as is' and 'as available' basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Shuttl does not warrant that:

 

1. This App will be constantly available, or available at all times; or

 

2. The information on this App is complete, true, accurate or non-misleading; or

 

3. The Services will meet the User's requirements; or

 

4. The Services will be uninterrupted, suitable, reliable, safe, timely, secure, or error-free; or

 

5. Services once accepted will definitely be performed.

 

Shuttl 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.

 

The Services may be made available on the App or accessed on the App by the User in connection with third party services and content (including advertising) that Shuttl 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. Shuttl does not endorse such third-party services and content and in no event shall Shuttl be responsible or liable for any products or services of such third party providers.

 

The User hereby acknowledges and agrees that the restrictions and disclaims mentioned in this Terms of Use, are reasonable and fair and the User is in full accord as to their necessity for the reasonable and proper protection of Shuttl’s business, goodwill, existence and continuity.

 

IX. INTELLECTUAL PROPERTY RIGHTS

 

1. Shuttl is the sole owner or lawful licensee of all the rights to the App and its content. App content means its design, layout, text, images, graphics, sound, video etc. All title, ownership and intellectual property rights in the App and its content shall remain with Shuttl.

 

2. All rights not otherwise claimed under this agreement or by Shuttl are hereby reserved. The information contained in this App is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Shuttl does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this App, or information displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Service.

 

3. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this App is provided "as is" with no guarantee of completeness, accuracy, timelines or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

 

4. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

 

5. Shuttl reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the App.

 

6. You may use information, if any, on the Services purposely made available on the App, provided that, You (1) do not remove any proprietary notice language in all copies of such documents, (2) 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, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

 

7. Material on App is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

 

8. Trademark complaint: Shuttl respects the intellectual property of others. In case You feel that your Trademark has been infringed, You can write to Shuttl at support.india@shuttl.com.

 

X. INDEMNITY

 

You shall indemnify and hold harmless Shuttl, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, to the fullest extent from any claim or demand, losses, suffered or incurred, or likely to be suffered or incurred or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party, or misrepresentations made by You, promptly upon demand.

 

XI. TERMINATION

 

Shuttl reserves the right to terminate access to certain areas or features of the App at any time for any reason whatsoever, with or without notice. Shuttl also reserves the universal and unconditional right to deny access to particular User(s) to any/all of Services available on the App without any prior notice/explanation in order to protect the interests of Shuttl and/or other Users of the App. Shuttl reserves the right to limit, deny or create different access to the App and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.

 

XII. APPLICABLE LAW AND JURISDICTION

 

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Delhi, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the App or the agreement or arrangement between Shuttl and the User.

 

XIII. ENTIRE AGREEMENT

 

The abovementioned Terms of Use constitute the entire agreement between the User(s) and Shuttl with respect to access to and use of the App, superseding any prior written or oral agreements in relation to the same subject matter herein.

 

XIV. CONTACT US

 

Please contact Us at support.india@shuttl.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this App.

 

XV. GRIEVANCE OFFICER

 

1. In accordance with Information Technology Act, 2000 and Rules made there under, the name and contact details of the Grievance Officer are provided below:

 

Mr. Prateek Sood

Chalo Mobility Private Limited

F-611 Tower 2, Seawoods Grand Central,

Navi Mumbai 400706,

Maharashtra INDIA

Email: prateek.sood@shuttl.com

 

Time:10 AM – 6 PM (Monday – Friday)

 

2. Any person aggrieved or suffers as a result of access or usage of the App can notify the Grievance Officer in the form of a written complaint within 5 (five) business days of the act. The Grievance Officer shall redress the complaints within 1 (one) month from the date of receipt of the complaint.

 

 

 

SHUTTL PRIVACY POLICY

 

This privacy policy (“Shuttl Privacy Policy”) along with the Shuttl’s Terms of use, together constitutes the Shuttl Web Agreement (“Agreement”) which is legally binding between You and Us with respect to Your use of Our Platforms and Services.

 

Privacy Policy explains what data We collect from You, how We treat such data and protect Your privacy when You access the Platforms and use the Services. You agree that We may access, collect and use Your data according to this Shuttl’s Privacy Policy.

 

We take the privacy of Our Users seriously and are committed to safeguarding their privacy while providing personalized and valuable Services. Your access to Our Services is conditional upon Your approval of this Shuttl Privacy Policy and Your consent to collection, retention and use of Your Data as detailed herein.

 

Please note that no Information Collected by Us is rented or sold to any third parties for commercial purposes. Transmission of any information via the internet is not completely secure and while We do Our best to protect all Information Collected, particularly Personal Information, We cannot guarantee the complete security of data transmitted to Us by third parties via the internet, telephone or any other networks which are not in Our control.

 

1. INFORMATION THAT WE COLLECT.

 

1.1 When You use our App, we collect and store your Traffic Data, Personal Information and such other User Data as may be provided by You directly to Us or as We may have access through Cookies (“Information Collected”). Our primary goal in doing so is to provide You a safe, efficient, smooth and customized experience. This allows Us to provide services and features that most likely meet your needs, and to customize Our App to make your experience safer and easier. More importantly, while doing so We collect personal information from You that We consider necessary for achieving this purpose.

 

Once You give Us your personal information, You are not anonymous to Us. Where possible, We indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the App.

 

You acknowledge and agree that Information Collected is necessary for the purpose of providing Services to You and We may have to suspend or terminate provision of Services to You in case such Information Collected is not provided to Us.

 

1.2 “Traffic Data” means any data generated by the You or Your computer, computer system, computer program or network that forms a part in a chain of communications indicating the communication’s origin, destination, route, format, intent, time, date, size, duration or type of underlying service, which We may automatically track and collect when You accesses the Services, including:

 

(a) internet protocol addresses;

 

(b) domain server details; and

 

(c) other information with respect to Your device, interaction of Your device with Our Platforms, Services and other applications.

 

1.3 “Personal Information” means any information that personally identifies You, including:

 

(a) contact data (such as residential address, e-mail address, phone number and any extra contact details);

 

(b) demographic data (such as time zone, postal address and location details); and

 

(c) banking details (such as permanent account number, proof of address and bank account details)

 

1.4 If You communicate with Us by, for example, e-mail or letter, any information provided in such communication may be collected and retained by Us.

 

2. COOKIES.

 

2.1 We use data collection devices such as "cookies" on certain pages of the App to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. Cookies are small files placed on your mobile phone that assist us in providing our services. We offer certain features that are only available through the use of a cookie.

 

2.2 If You transact with us, we collect some additional information, such as your physical location, a credit / debit card number and a credit / debit card expiration date and / or other payment instrument details including but not limited to your UPI ID, Paytm details, amazon pay details, etc. depending on your mode of payment.

 

2.3 If You choose to leave feedback or post messages where possible, we will collect that information You provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

 

2.4 If You send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the App, we may collect such information into a file specific to You to provide You with better services. We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from You when You set up an account with us. While You can browse some sections of our App without being a registered member, certain activities (such as placing a request for Services offered on the App) do require registration. We do use your contact information to send You offers.

 

3. PERMISSIONS IN ANDROID APP.

 

We need following permissions from You to enable us to effectively provide You services on our App:

·       To use your Wifi, if available, in order to provide better GPS accuracy.

·       To use your network state to provide better internet connectivity.

·       To access device boot/reboot information to provide technical assistance.

·       To access your contacts to make referral easy for You.

·       To use SMS service to enable login to the app and support offline operation of app when internet is not available.

·       To use internet (whether mobile data services or wi-fi network, whichever is available) to enable server communications.

·       To use GPS service to enable tracking, navigation and other operational requirements.

·       To use wake lock to enable functioning of the app in background.

·       To access phone state to provide technical assistance in case of device malfunction.

·       To use near-field communication (“NFC”) service to enable boarding via NFC cards.

·       To access the information about your phone's identity to help prevent fraud and provide You with a better experience. The app cannot be used without this permission.

·       To access your email address to get a more personalized experience.

4. USE OF DEMOGRAPHIC / PROFILE DATA / YOUR INFORMATION.

 

4.1 The Information Collected is not used in any form or manner other than as is described in this Shuttl Privacy Policy. While We use Our best efforts to protect all Information Collected, this Agreement is not intended to restrict Our use of Information Collected and We may use Information Collected in the form and manner specified in this Clause 4 (“Permitted Use”).

 

4.2 We use personal information to make available the services You request. To the extent we use your personal information to market to You. We will provide You the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our services, inform You about offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to You at the time of collection.

 

4.3 In our efforts to continually improve our service offerings, we collect and analyse demographic and profile data about our users' activity on our App. We identify and use your IP address to help diagnose problems with our server, and to administer our App. Your IP address is also used to help identify You and to gather broad demographic information.

 

4.4 We will occasionally ask You to complete optional surveys. These surveys may ask You for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our App.

 

4.5 We use the Information Collected in such manner that enables Us to provide Services to the Users in an effective way, including to:

 

(a) assist You in accessing or using certain specific features of Services;

 

(b) prevent any potentially illegal activity and to screen and prevent undesirable or abusive activity;

 

(c) monitor, maintain, troubleshoot and/or improve Our Services and any associated features, including evaluation or devising new features;

 

(d) perform statistical and/ or other analysis on Information Collected;

 

(e) analyze and measure User behavior and trends; and

 

(f) use the Information Collected in such other form and manner which is necessary to maintain the quality and standard of Products and Services.

 

4.6 While We may collect and store Personal Information in segregated form (such that the Personal Information collected by Us may be identified with the User from which it was collected), We use the Personal Information in an aggregated form (such that the Personal Information collected by Us may not be identified with the User from which it was collected), for the following purposes:

 

(a) to build up User profiles and marketing profiles;

 

(b) to aid strategic development, data collection and analytics;

 

(c) to manage Our relationship with advertisers, partners or any third parties; and

 

(d) to audit use of Platforms and Services.

 

 

5. CONFIDENTIALITY, DISCLOSURE AND TRANSFER OF PERSONAL INFORMATION.

 

5.1 We use Our best efforts to keep confidential any Information Collected which may be of confidential nature, with the exception of such information which:

 

(a) was already known to Us prior to receiving such information from the User;

 

(b) was received from such third party which is not subject to similar confidentiality restrictions;

 

(c) is independently developed by Us; and/ or

 

(d) is required to be disclosed by applicable Law.

 

5.2 Notwithstanding Clause 5.1 above, We reserve the right to disclose any Information Collected to any Person if, in Our reasonable opinion, it is:

 

(a) required by applicable Law;

 

(b) necessary to do so to protect and defend the rights, property or personal safety of Services, Shuttl or its officers, directors, employees, consultants, affiliates, or Our other Users; or

 

(c) necessary to comply with a court order or other legal process, including responding to any claims that violates the rights of third-parties because of Your use of Services;

 

(d) a Permitted Use; or

 

(e) necessary to enforce the Shuttl Web Agreement.

 

5.3 Subject to Clause 5.2 above, We will keep all the Personal Information private and will not share it with third parties, except that We may transfer the Personal Information to Our affiliates after ensuring that such transferee adheres to the same level of data protection and confidentiality standards that are adhered to by Us.

 

 

5.4 We may use or share your personal information for the following purposes:

 

(a)     responding to your queries and requests;

(b)     managing our administrative and business operations and complying with internal policies and procedures;

(c)     matching any personal information held which relates to You for any of the purposes listed herein;

(d)     resolving complaints and handling requests and enquiries;

(e)     preventing, detecting and investigating crime and analyzing and managing commercial risks;

(f)      providing media announcements and responses;

(g)     monitoring or recording phone calls and customer-facing interactions for quality assurance, employee training, performance evaluation and identity verification purposes;

(h)     legal purposes (including but not limited to obtaining legal advice and dispute resolution) or use as evidence in litigation in which we are involved;

(i)       conducting investigations relating to disputes, billing, suspected illegal activities or fraud;

(j)       meeting or complying with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on us (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies, conducting audit checks, due diligence and investigations), disclosing in response to subpoenas, court orders, or other legal process;

(k)     with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that You request where such services are provided by more than one corporate entity provided that those entities and affiliates may not market to You as a result of such sharing unless You explicitly opt-in;

(l)       administering contests, competitions and marketing campaigns, and personalising your experience;

(m)   conducting market research and surveys to enable us to understand and determine customer location, preferences and demographics to develop special offers and marketing programmes with our preferred partners;

(n)     with companies/entities providing services relating to insurance and consultancy to us;

(o)     with agents, vendors, contractors or third-party service providers who provide operational services to us;

(p)     external banks, credit card companies and their respective service providers for the purpose of providing the services on the App;

(q)     our professional advisers such as auditors and lawyers or third-party advisors, for the aforesaid purposes; and

(r)      purposes which are reasonably related to the aforesaid.

5.5 We and our affiliates will also share some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur, that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

 

5.6 Users agree and acknowledge that We do not guarantee 100% (hundred percent) privacy of Information Collected, including Personal Information or details of the Transactions. Whilst We take all care and caution to ensure protection of Information Collected, if called upon, We shall provide details to Government or regulatory authorities. Users are therefore cautioned against using any circumventing or obfuscating methods to hide Information Collected, including Personal Information and IP address and from providing any incorrect or misleading or false details or documents for the purpose of availing Services.

 

 

6. SECURITY PRECAUTIONS.

 

6.1 Our App has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever You change or access your account information, we offer the use of a secure server. Once your personal information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

 

6.2 However, we do not assume any responsibility or any liability of any nature for any misuse or any disclosure of your personal information or any other direct or indirect consequences in the event our systems are illegally hacked or breached by any unauthorised means or any technological glitches, user misconduct, and administrative errors despite our stringent measures. Further, due to the nature of internet, it is possible that the data on this app could be mistakenly released or lost. Therefore, if You feel that the loss or disclosure or misuse of data You provide on this App can cause loss or harm to You, then please do not use this App.

 

6.3 If We become aware that any Information Collected has been disclosed in a manner that is not in accordance with this Agreement, We will use best efforts to notify You of the nature and extent of such disclosure (to the extent We know that information) as soon as reasonably possible and as permitted by Law.

 

6.4 Pursuant to Services, You may access links to third party websites or applications. The privacy policies of these third party links are not under Our control. Once the a User leaves Our servers, use of any information provided by the User shall not be governed by this Shuttl Privacy Policy.

 

6.5 The security of any Personal Information is important to Us. To protect Personal Information during transmission and upon receipt, We follow generally accepted industry standards, including storing and transmission of data through our secure cloud based servers such as Amazon Web Services servers, encrypting stored passwords and periodically updating servers with regular security patches.

 

7. Choice/Opt-Out

 

7.1 We provide all Users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related, service review related) communications from us on behalf of our partners, and from us in general, after setting up an account.

 

7.2 Please note that You shall have the option to review the information as provided by You from time to time and to correct/ amend any information provided by You accordingly.

 

8. ADVERTISEMENTS ON THE APP.

 

8.1 We may use third-party advertising companies to serve advertisements when You visit our App. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other Apps in order to provide advertisements about goods and services of interest to You.

 

9. YOUR CONSENT AND RIGHTS.

 

9.1 By using the App and/ or by providing your information, you consent to the collection and use of the information You disclose on the App in accordance with this Privacy Policy, including but not limited to your consent for sharing your information as per this Privacy Policy.

 

9.2 If we decide to change our Privacy Policy, we will post those changes on this page so that You are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

 

9.3 Users have a legal right to a copy of any Personal Information about them held by Us. Users also have a right to correct any errors in that Personal Information. Users also have a right to request that We cease to use their Personal Information for direct marketing purposes.

 

10. THIRD PARTY SERVICES.

 

10.1 We are using the Google Places API. Please check their privacy policy here.

 

11. GRIEVANCE OFFICER.

 

11.1 In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

 

Mr. Prateek Sood

Chalo Mobility Private Limited

Address:

F-611 Tower 2, Seawoods Grand Central,

Navi Mumbai 400706

Maharashtra INDIA

Email: prateek.sood@shuttl.comi

Time:10 AM – 6 PM (Monday – Friday)

 

12. INTELLECTUAL PROPERTY RIGHTS

 

12.1 You agree that We are the sole owner or lawful licensee of all the rights to the App and its content. App content means its design, layout, text, images, graphics, sound, video etc. All title, ownership and intellectual property rights in the App and its content shall remain with us.

 

12.2 We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the App.

 

12.3 Material on App is solely for your personal and non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. You acknowledge that without the prior written consent of Shuttl, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal and non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use.

 

13. GOVERNING LAW & JURISDICTION

 

13.1 This Privacy Policy and your use of our App shall be governed in all respects by the laws of India and the courts in Delhi alone shall have the jurisdiction to entertain any dispute arising out of this Privacy Policy.

 

14. DISCLAIMER

 

WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF A THIRD PARTY, OR FOR ANY UNAUTHORIZED INTERCEPTION OF DATA OR BREACHES OF THIS SHUTTL WEB AGREEMENT ATTRIBUTABLE IN FULL OR IN PART TO THE ACTS OR OMISSIONS OF THIRD PARTIES, OR FOR DAMAGES ASSOCIATED THAT RESULT FROM THE OPERATION SYSTEMS, EQUIPMENT, FACILITIES OR SERVICES PROVIDED BY THIRD PARTIES THAT ARE INTERCONNECTED WITH SERVICES.

 

 

 

Last Updated on: 20th December, 2021.