This document is an electronic record in accordance with Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and other applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding.

PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.

A. Acceptance of Terms of Use

The legal terms and conditions set forth below (“Terms of Use” or this “Agreement”) and the Privacy Policy constitute a legally-binding agreement between Difelly Mobility India Pvt Ltd. (the “Company” or “La Cab drive”) (“Facilitator”, “we”, “our” or “us”), and any user of this website including Service User (as defined hereunder) (“You” or “Your”). These terms and conditions (“User Terms”) apply to Your visit to and use of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, and the Mobile Application. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website.

You acknowledge that the Website serves as a platform for agreed upon Services and, by using La Cab drive’s Services you hereby certify that: (1) you are a Service User, (2) you have the authority to enter into these Terms of Use, (3) you are authorized to make payment for Services requested through the use of the Website, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, kindly discontinue viewing or participating in this Website immediately.

All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “You” and “Your” herein shall refer to that business.

The term 'website' as used in this “Agreement” also includes La Cab drive’s mobile applications, features, or other digital services offered by the Company."

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

La Cab drivereserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and La Cab drivewill post notice of the changes and the amended Terms of Use at the domain of https://La Cab drive.in/terms_condition . It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

2. PRIVACY POLICY

La Cab drivehas established a Privacy Policy that explains to its users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

B. Membership and Accessibility

1. LICENSE TO ACCESS

La Cab drive here by grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without La Cab drive’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be permitted by the La Cab drive and are reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

2.

ELIGIBILITY CRITERIA

You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. If you are below 18 and you wish to use the Website, you must get consent from your parents or guardian before doing so.

You hereby expressly acknowledge and agree that you yourself and not La Cab drive will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of La Cab drive or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User”.

3. REGISTRATION AND ACCOUNT

3.1. You realize and agree that in order to register on the Site, You must first meet the criteria of this Clause 3 and provide Your Registration Data.

3.2. You are responsible for making sure that the registration information you supply is true, accurate, current, and full. For any false, erroneous, outdated, or wrong registration data that you give, We will have no responsibility.

3.3. You alone are in charge of protecting the privacy of Your Registration Data, and you'll be held accountable for any acts taken under Your Account, whether you took the initiative or someone else did. Your Account cannot be given away, sold, or delegated to another person. We are not responsible for any damages You could suffer if someone else uses your password or account, either knowingly or unknowingly.

3.4. If We have reason to suspect that the Registration Data or any other information you have provided is untrue or inaccurate, that Your Account's security has been compromised in any way, or for any other reason We may deem just or equitable, We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period.

3.5. When using the Services, you agree to abide by all relevant laws, and you may only do so for legal reasons. (e.g., no transport of unlawful or hazardous materials). You promise not to offend, irritate, or inconvenience anybody else while using the Services. To access or use the Services, you could sometimes be required to provide identification, and if you decline, you risk having your access or use of the Services revoked.

4. ADDITIONAL POLICIES

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable La Cab drive regulations, guidelines and additional policies that La Cab drive may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that La Cab drive publishes on the Website (the “Additional Policies”). Any changes to the terms of use policies will be notified to you at your next login and we assume that you regularly read these Terms of Use and agree with the changes made by us.

C. Rules for Service Users

1. The Services are a technological platform that allows users of La Cab drive’s mobile applications or websites that are made available as part of the Services (each, a "Application") to book transportation and/or logistics services with independent third-party service providers, including independent third-party logistics providers and independent third-party transportation providers who have a contract with La Cab drive("Third Party Providers").

1.1. Through the Services, You may contact a Driver on the La Cab drive network by sending a request through La Cab drive. Each request for Service may be accepted or rejected at the Driver's sole and absolute discretion. In the event that a request is accepted by the Driver, La Cab drive informs You and gives information on the Driver, including the Driver's name, vehicle licence number, telephone number, and any further information that La Cab drive deems appropriate.

1.2. If a Driver is available in or near Your location at the time of Your request for these services, La Cab drive will make a reasonable attempt to connect You with one.

1.3. In the case that any of the aforementioned conditions are not met, La Cab drive retains the right to immediately cancel the Service and the usage of the Application. Any changes to the information you have supplied must be immediately notified to La Cab drive.

1.4. You authorise La Cab drive to share your information and/or the information you have given permission to share with third parties.

1.5. To the best of its ability and sole discretion, La Cab drive may arrange for a Substitute Vehicle to complete Your Ride to Your destination in the event of a breakdown of the Vehicle that is beyond repair prior to the end of the Ride. However, the availability of the substitute vehicle will determine how it is arranged.

1.6. La Cab drivedisclaims all responsibility and liability for any delays or damages you may incur or that La Cab drivemay cause as a result of the failure of the Vehicle or the Replacement Vehicle.

2. PAYMENT

2.1. At the start of each ride, La Cab drive will give you an estimate of the total ride fee. According to the rules outlined in this document, the customer must pay the real Total journey price that is shown at the conclusion of the journey.

2.2. You are aware of and agree to pay La Cab drive the whole ride fee, including any relevant taxes, as soon as the ride is complete or even before the ride, as shown in advance on the mobile application. You must pay La Cab drive right away once the journey is over if the actual cost of the trip differs from the estimate.

2.3 You understand that this Additional Fee will be included in the receipt of the Total Ride Fee and agree to pay it.

2.4. You must pay 20% of the cancellation fee, which will be deducted from the total ride fee that you will be reimbursed for.

2.5 La Cab drive will provide you a receipt for the total ride fee you owe at the conclusion of the ride; nevertheless, bills from La Cab drivewill be sent to the email address you have on file.

2.6. You recognise that any relevant taxes are a part of the total ride fee and agree to pay them.

2.7. You may choose to pay the whole ride fee using one of the payment methods provided by La Cab drive on the website in addition to paying cash to the driver after the ride is over.

2.8. To process payment of the Total Ride Fee, you will be required to provide relevant payment information, including Credit Card, Debit Card, and Net Banking details ("Card Details"). You authorise La Cab driveand an entity authorised by La Cab drive to provide payment gateway/processor services ("Payment Processor") to access the Card details in order to process the Total Ride Fee payment.

2.9. The Total Ride Fee paid by You is final and non-refundable, subject to these Customer Terms, unless La Cab drive determines otherwise. Any money you have paid will be returned to you by La Cab driveto the same account from which it was taken if it is completely or partly refundable for any reason.

2.10 You and the appropriate Payment Processor must work together to find a solution to any problem with payment processing that is not the result of a mistake or flaw with the Application.

2.11. You agree and acknowledge that La Cab drive shall recover any outstanding funds payable by You for Ride(s) in respect of which Total Ride Fee has not been paid, and that in the event of a default or failure to pay the Total Ride Fee by You for any reason, (i) La Cab drive may prevent You from booking a new Ride through the Application until the Outstanding Total Ride Fee in respect of the Previous Ride(s) has been paid by You, (ii) You agree and acknowledge that La Cab drive shall recover any Outstanding Amount

D. Limitation of our Liability

Even if La Cab drive has been informed of the possibility of such damages, La Cab drive 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 La Cab drivehas been informed of the possibility of such damages, La Cab drive shall not be liable for any damages, liabilities, or losses resulting from: (i) your use of or reliance on the services; (ii) your inability to access or use the services; or (iii) any transaction or relationship between you and any third-party provider. For delays or performance failures brought on by factors beyond of La Cab drive’s reasonable control, the company is not responsible. You may use La Cab drive’s services to request and schedule transportation, goods, or logistics services with third party providers, but you acknowledge that, aside from what is expressly stated in these terms, La Cab drive has no responsibility or liability to you for any transportation, goods, or logistics services provided to you by third party providers. The exclusions and restrictions in this section 5 are not intended to minimise responsibility or modify your legal rights as a consumer that cannot be waived.

E. Force Majeure

We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.

F. Indemnity

You shall indemnify and hold harmless La Cab drive and the La Cab drive’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement including the rules and policies incorporated herein by reference, or (ii) your viLa Cab drivetion of any law, rules or regulations or the rights of a third party.

G. Modifications to or Termination of Website

La Cab drive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that La Cab driveshall not be liable to you or to any third party for any modification, suspension or discontinuance of La Cab drive services.

You agree that La Cab drive, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if La Cab drive believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that La Cab drive shall not be liable to you or any third-party for any termination of your access to the service. Further, you agree not to attempt to use the service after said termination. All relevant sections of this document shall survive termination of your account.

H. Intellectual Property Rights

1. ALL DATA AND MARKS ON THE WEBSITE ARE EITHER OWNED BY La Cab driveOR ARE UNDER LICENSE TO La Cab drive.

1.1. All right, title, and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, service, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code; or (iii) other information provided by You, shall belong solely to La Cab drive(and its licensors, The rights to any third-party trademarks that may appear on our website or application are exclusively reserved for their registered owners. You must get express written consent from the owner of any third party's intellectual property before using it in any way.

1.2. These User Terms are not a sale and do not provide You any ownership rights in or to the Site, the Application, the Service, or any other La Cab drive intellectual property. Any legal infractions and intellectual property rights infringements resulting from the use of the Services or the Site/Application shall exclusively be your responsibility.

I. Governing Law

All matters arising out of this Terms of Use shall be subject to the exclusive jurisdiction of the court in Siliguri and the Parties hereby irrevocably submit to the jurisdiction of courts at Siliguri.

J. Notice

You agree that La Cab drive may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

K. Disclaimers

The services are provided “as is” and “as available.” La Cab drive 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, La Cab drive 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. La Cab drive 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.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

L. General Information

1. ENTIRE TERMS OF USE The Terms of Use, the Privacy Policy and any other legal notices or Additional Policies published by La Cab drive on the Website, shall constitute the entire agreement between you and La Cab drive concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and La Cab drive’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

2. STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use were most recently updated on January 22 2024

Introduction

This privacy policy sets out how Lacab uses and protects any information that you give Lacab when you use this website.

Lacab is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Lacab may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 22 nd jan 2024

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Information we collect

We may collect the following information:

1. Name and job title

2. Contact information including email address

3. Demographic information such as postcode, preferences and interests

4. Other information relevant to customer surveys and/or offers

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

1. Internal record keeping.

2. We may use the information to improve our products and services.

3. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

4. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information on the Contact Us page.

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Introduction

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Lacab's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

Ownership

The Lacab.in is owned & powered by La Cab drive LLP. The term 'La Cab drive' or 'us' or 'we' refers to the La Cab drive LLP whose registered office is 'Savaari Sf Road, Siliguri West Bengal. 734005.' The term 'you' refers to the user or viewer of our website.

Terms of Use:

The use of this website is subject to the following terms of use:

1. The content of

the pages of this website is for your general information and use only. It is subject to change without notice.

2. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: IP Address, Location

3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements

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5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

6. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

7. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of India.

10. Specific offers will have might have additional Terms & Conditions which the user has to comply with in case he chooses to avail that offer.

Cancellation and Returns

You may Follow the Cancellation Policy While Booking.

Refunds

If you are eligible for refunds based on the “Cancellation and Returns” policy above, then the refund will be remitted back to you in 5-7 working days.