Idea Transport World Private Limited I Yellow Plate
This Site/ Application/ Technology Services is/are operated /provided by Yellow PlatePlatforms Private Limited. 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, the Service and the Application.
Yellow Plate is merely an electronic platform, enabling and empowering stakeholders connected with commercial vehicles across supply, demand, services and products segments. Further it inter-connects and integrates individual stakeholders to a marketplace. Meaning anyone in the business of providing rental services or/and seeking rental services or/and offering vehicle buying/selling or financial services to vehicle owners or/and selling auto products to vehicle owners etc. can use Yellow Plate Platform to engage with each other. In addition, retail customers can use Yellow Plate platform to avail rental services, which shall be catered by supply stakeholders available on Yellow Plate platform. Yellow Plate doesn’t endorse, advertise, advise or recommend You to avail the Services of any Supply Partner or Driver Partner. Yellow Plate also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
Given this context, it is extremely important that you read these users terms carefully before downloading or using our application and/or using our website. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Yellow Plate IN RESPECT OF THE USE AND SERVICES OF THIS PLATFORM.
'Company' shall hereinafter individually and collectively mean Yellow Plate. This expression includes the Employees, Authorized Representatives, Customer Care Executives or Representatives, Agents, etc.
‘Account’ shall mean the account created by the Partner/Stakeholder/User on the Application for accessing and availing Yellow Plate Technology Platform involving Websites, Mobile Applications etc.
‘Supply Partner’ shall mean any entity in form of Individual or Proprietor or Company engaged in the business of providing rental services via owned vehicles and/or network partners vehicles. A Supply Partner may provide rental services using Yellow Plate platform to 1) its existing customer base and/or, 2) new customers approaching the Supply Partners for rental services via Yellow Plateand/or, 3) or bookings sent to Yellow Plate marketplace by partners and/or retail customers etc.
‘Network Supply Partner’ shall mean any Supply Partner involving their partners network to increase Supply. A Supply Partner may have multiple Supply Partners in his/her/its network. A Supply Partner can give excess bookings to its Network Supply Partners in lieu of earning Commission Income or otherwise and/or alternatively receive bookings from its Network Supply Partners for its owned vehicles.
‘Network Vehicles’ shall mean vehicles owned by Supply Partner’s Network Supply Partners.
‘Business Partner’ shall mean any entity seeking rental services for its employees/users, whether admin or traveller or both. A Business Partner may engage its existing Supply Partners via Yellow Plateto receive rental services or look for new supply partners via Yellow Plate marketplace or send excess bookings to marketplace etc.
‘Driver Partner’ shall mean any individual driving a commercial vehicle for any Supply Partner.
‘Service Partner’ shall mean any entity in form of Individual or Proprietor or Company engaged in the business of providing vehicles buying/selling services and/or Insurance services for Commercial Vehicles and/or Supply Partners and/or Driver Partners, etc.
‘Product Partner’ shall mean any entity in form of Individual or Proprietor or Company engaged in the business of selling Auto Parts including vehicles Tyres, Batteries, Accessories, etc.
‘Commercial Vehicles’ shall mean vehicles including Cars, Buses, Tempos, Trucks etc. used for commercial purpose.
‘Customer’ shall mean any Partner operating via Yellow Plate Partners App. Customer shall include Retail customer creating Personal Bookings and/or Supply or Business Partners Traveller Users creating Business Bookings via Yellow Plate Customer App or Website.
‘Yellow Plate Marketplace’ (Marketplace) shall mean an Inter-connected platform involving all Supply, Demand, Services and Product partners choosing to be on Marketplace. The Marketplace can be used by a Business Partner to search for Supply Partner, send excess bookings to get vehicles. The Marketplace can be used by a Supply Partner to list their Business to seek new customers and send excess bookings to get vehicles. The Marketplace can be used by Service Partners to provide Vehicles Buying and Selling, Insurance Services for Vehicles and/or Partners/Drivers. The Marketplace can be used by Product Partners to offer Auto Parts Including Tyres, Batteries, Accessories etc. to available Supply Partners on Yellow Plate Platform. The bookings created by Retail customers go to marketplace involving all vendors within a defined KM radius.
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Yellow Plate.
'Car Rental Services' shall mean rental services provided by Supply Partners to their Business Partners or bookings coming on Yellow Plate marketplace. It also means Car rental services provided by supply partners on Yellow Plate marketplace platform to retail customers booking via Yellow Plate customer booking platforms via app and web.
‘Retail Customer’ shall mean a Customer having no Supply Partner and choosing to create a ‘Personal Booking’ via Yellow Plate Website and/or Customer App.
‘Traveller User’ means a Business Partner including you in the list of Traveller User on the Partners App, allowing you access to create Business Bookings via Customer App or Yellow PlateWebsite. A Supply or Business Partner Admin User can alternatively create booking on behalf of a Traveller User via the Partners App or Admin Panel.
‘Admin User’ mean users/employees of Supply and/or Business Partner allowed to access the entity’s registered profile on Partners app. An Admin user can create, dispatch, cancel bookings or any and/all functions available on the Partners App unless restricted by the Partner.
‘Business Booking’ shall mean a Business Partner user creating a booking via Yellow Plate website and/or app and using its own Supply Partners.
‘Platform Fees’ shall mean fees paid by Partners for using Yellow Plate Technology Platform for conducting their own business.
‘Yellow Plate Commission’ shall mean fees payable by the Supply Partner for accessing bookings via Yellow Plate Marketplace.
‘Commission’ shall mean fees payable by a Supply Partner to another Supply Partner and/or Business Partner.
‘Incentives’ shall mean fees payable by Yellow Plate to Supply Partners, in case Yellow Platemarketplace bookings are performed by Supply Partners Network vehicles.
‘Fare’ shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver.
‘GST’ means Goods and Services Tax, levied by Suppliers on Business Partners/client. GST could take 3 forms I.e. CGST, SGST and IGST.
2. GENERAL CONDITIONS a) These Terms and Conditions cover limitations and exclusion on the liability over the Company. These Terms and Conditions are applicable to You and other users accessing your account.
b) You are bound by the following Terms and Conditions and are legally in contract with the Company. This Terms and Conditions apply to all the Services offered by the Company collectively with any additional Terms and Conditions that may be applicable to the specific Service used or accessed by You or offered by the Company.
c) You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
d) You acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user, please contact us via the application.
e) You will comply with all applicable laws;
f) You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
g) You agree that Yellow Plate does not assure you the availability of commercial vehicles even after accepting and/or confirming the booking.
h) By using the mobile application of the Company, you further agree that:
a. You will download the application for your sole, personal use and will not resell it to a third party;
b. You will not use the application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
c. You will not use the application to cause nuisance, annoyance or inconvenience;
d. You will not impair the proper operation of the network;
e. You will not try to harm application in any way whatsoever;
f. You will not copy, or distribute the application or other Company content without written permission from Company;
g. You will keep secure and confidential your account password or any identification we provide you which allows access to the application;
h. You will not use the application with an incompatible or unauthorized device;
i. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the application
i) The Company reserves the right to immediately terminate use of the application should you not comply with the any of the above rules.
a) You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause and by entering Your Registration Data.
b) You can register as Business Partner and/or Supply Partner and/or Service Partner and/or Product Partner via Partners App. Retail customer or Traveller Users can register on www.yellowplate.in or/and www.yellowplate.cab and/or Customer App to create Personal and/or Business Bookings.
c) The Partner/User shall ensure that the provided Registration Data is accurate, complete, current, valid and true and is updated from time to time. The Company is entitled to at all time verify the information that you have provided. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
d) You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or your Partners or Admin/Traveller Users or any third party. Your Account cannot be transferred, assigned or sold to a third party. However, if registered as a Partner via Partners App, You may choose to assign ownership of your Account to any of your Admin Users. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
e) We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
f) Except for the Registration Data or any other data submitted by You during the use of any other service offered through Mobile Application or Website (“Permitted Information”), Yellow Plate does not want You to, and You should not, send any confidential or proprietary information to Yellow Plate on the Site or otherwise, unless otherwise is required by Applicable Laws.
g) In accepting these User Terms, You agree that any information or materials that You or individuals acting on Your behalf provide to Yellow Plate other than the Permitted Information will not be considered confidential or proprietary.
h) It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
i) We currently allow You to open only one Account in association with the Registration Data provided by You. However, given the nature of Yellow Plate Platform, we may infuture allow same Account to be used as either a Business and/Supply Partner. A Retail Customer or Traveller User can open a Partner Account by registering as Partner. In case of any unauthorized use of Your Account please immediately reach Us at email@example.com.
a) Yellow Plate platform allows a registered Supply Partner to increase its Supply by Inviting his/her/its Network Partners. Similarly, a registered Supply Partner can Invite its Business Partner and offer Tech enabled Rental services. A Business Partner Can Invite any/all of its Supply Partners can start receiving Tech enabled services. The Partners will have to enter in an agreement capturing the Terms and Conditions and both he Partners will need to accept the Agreement for them to provide/receive services via Yellow Plateplatform.
b) The Site permits you to avail the transportation services offered by Your own Supply Partners and/or any other available Supply Partners on Yellow Plate Platform. The Service allows You to send a request through Yellow Plate to a Supply Partner who in turns sends the requests to Driver on his network. The Supply Partner and its Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Yellow Plate notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Yellow Plate may determine.
c) Yellow Plate has no control over the Service Quality offered by Your Supply Partner or any other Supply Partners on the Platform. For Business Bookings, the Service Quality is solely an outcome of the Agreement between the Supply and Business Partners. Yellow Plateis merely a platform, technically enabling Partners to provide/receive Tech enabled services.
d) You are aware that when requesting Services, whether by message, via Site or calling the call centre of Yellow Plate or your Supply Partners or Drivers, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
e) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
f) Yellow Plate reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.
g) Further, Yellow Plate will store the information provided by You or record your calls for contacting You for all Service-related matters. You shall promptly inform Yellow Plateon any change in the information provided by You.
h) Yellow Plate or an authorised representative of Yellow Plate, shall provide information regarding services, discounts and promotions provided by Yellow Plate to You by way of an SMS or email to Your registered mobile number/registered email ID.
i) Yellow Plate WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM Yellow Plate’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
j) You agree to grant Yellow Plate a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT Yellow Plate TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
k) You agree and permit Yellow Plate to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by Yellow Plate. You hereby expressly consent to receive communications from Yellow Plate/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold Yellow Plateresponsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
l) Yellow Plate will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the services by Yellow Plate jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tieup, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
m) In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, it is the responsibility of Yellow Plate Supply Partners on a best effort basis and at its sole discretion to arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability. Yellow Plate doesn’t have any role to play in arranging the Substitution.
n) Yellow Plate bears no responsibility and liability for delays and losses suffered by You or caused to You because of the breakdown of the Vehicle or the Substitute Vehicle.
a) The Company shall not be jointly or severally held responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the Use of Services offered by the Company or due to the failure of Yellow Plate’s Supply Partners to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems.
b) Without prejudice to the above, the Company shall not be jointly and/or severally held liable for any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by the Company or Its Supply Partner to provide a Vehicle to the Customer within any stipulated time.
c) In the event any Customer misses the train or flight or bus, the Company will not be held liable for any compensation and/or any direct or indirect losses incurred by the Customer. as the Service is dependent on many factors not in Yellow Plate’s control. The Customer shall be responsible to make an alternate arrangement or connect with its supply Partners in case of a business booking, if the Vehicle has not reached the pick-up location due to any reason. The Company shall not be responsible or liable for any meeting or other occasions, functions missed by the Customer.
d) The Company shall not be liable for any delay or failure in the performance of any of its duties and obligations, to the extent that such delay or failure is caused due to a Force Majeure Event.
e) The Company shall not be liable/responsible for any illegal conduct of the Drivers of the Vehicles.
f) The Company shall not be responsible for any loss of communication/information of status update & benefits under any Services or program of the Company. All this information will be sent on mobile number &/or email ID registered with the Company. The Company will not be responsible for appropriateness of mobile or email or any other communication medium. The Customer shall be responsible for immediately reporting the errors, if any, occurred in the information sent to the Customer regarding booking confirmation.
g) The Company does not warrant that this site, its servers, or e-mail are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
h) The information, recommendations and/or Services provided to You on or through the Site, the Application and Yellow Plate call centre are for general information purposes only and does not constitute advice. Yellow Plate will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
i) Yellow Plate shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
j) You shall take full responsibility of Your items and luggage. In case of a Business Booking created by Partner or User/Customer, any Items are lost inside the Vehicle during the journey, you must contact your Partner/Admin etc. Yellow Plate may facilitate locating the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.
k) Yellow Plate does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner. Yellow Plate shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Yellow Plate. Yellow Plate will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
l) IN NO EVENT SHALL Yellow Plate BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Yellow Plate HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
m) If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Yellow Plate shall be the minimum permitted under Applicable Law.
6. CONFIRMATION OF BOOKING
a) Yellow Plate doesn’t provide car rental services. Yellow Plate is a platform used by Partners to provide/receive car rental services. Bookings can be created by an user of any supply or business partner and upon receiving the booking request in the manner set out above, it is the duty of Supply Partners and their drivers to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an SMS or email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us, your admin and Supply Partners immediately.
b) You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform your Supply Partner or Yellow Plate of the incorrect details immediately.
c) Certain selective customers will be eligible to avail the Service under a ‘Guest Booking’ feature, provided by Yellow Plate for its Partners. Such customers will also be bound by the terms and conditions set out herein.
7. Charges and Payment:
a) Yellow Plate charges Platform Usage Fee to its Partners. Partners whether Supply or Business or both are required to pay Platform Usage fees to Yellow Plate. Yellow Plateshall determine and can amend Platform Fees at its sole and absolute discretion. In addition, Yellow Plate charges convenience fees to its Retail Customers creating Personal Booking via Customer App and/or Website.
b) You shall be required to pay trip charges for the Personal Booking created directly by you via Customer App and/or Website and the rates can be found on the website and mobile application or such other booking platform of the Company.
c) The trip charges for Personal Bookings shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the Services. You agree that the trip charges shall include the trip fare and any additional charges levied by the Company which includes parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. The toll charges will be payable by you as applicable, only when the vehicle crosses the toll post. Convenience charge (booking fee) shall be applicable as per the rates provided in fare chart of the respective city. For Outstation Round Trips, the charges will be applicable for 24 Hours. If the travel time extends to the next calendar day beyond 24 Hours, next day Round Trip charges will be applicable. Any payment made is non-refundable. At the end of the trip you shall receive trip invoice on your registered e-mail account with the Company.
d) You agree that you will pay for all Services you avail from the Company either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants. In the event the payment cannot be accepted through noncash/digital modes, you shall be required to pay the trip charges by way of Cash. The processing of payments or credits, as applicable, in connection with your use of the application and Service will be subject to the terms, conditions and privacy policies of the payment processor and your credit card issuer in addition to these Standard Terms and Conditions. The Company is not responsible for any errors by the payment processor. In connection with your use of the Service, the Company will obtain certain transaction details, which Company will use solely in accordance with its Privacy and Cookie Notice.
e) The trip charges for Business Bookings is a result of an agreement between the Supply and Business Partner. You may or may not be required to pay trip charges to the Driver or Supply Partner, if there is a credit arrangement between your company and supply partners.
f) The trip charges as per the agreement may include the trip fare and any additional charges levied by the Supply Partner which includes parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. If the agreement states, the toll charges will be payable by you as applicable, only when the vehicle crosses the toll post. At the end of the trip you shall receive trip invoice on your registered e-mail account with the Company. If there is a credit arrangement, it is the responsibility of Supply Partner to raise and Invoice and collect from its Business Partners. If the Partners don’t have a credit arrangement, then you are required to pay for all Services you avail from the Supply Partner either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants. The Company is not responsible for any errors by the payment processor. In connection with your use of the Service, the Company will obtain certain transaction details, which Company will use solely in accordance with its Privacy and Cookie Notice.
g) A Supply Partner providing services to one or more Business Partner using Yellow PlateTechnology Platform is solely responsible to collected Payments/Dues from the Business Partner. Yellow Plate in any manner whatsoever is not responsible for any Transaction between two partners. The Payment is defined by the agreement between two Partners and Yellow Plate doesn’t play any role into the same. Yellow Plate at best subject to manpower availability can Initiate an enquiry and Initiate suspension of the Partner/User/Customer account if found to be true.
h) A Supply Partner taking services of another supply partner is solely responsible to make/receive payments from the Partner as it is governed by the Agreement between these two Partners. Yellow Plate doesn’t have any role to play in deciding the Payment mechanism. Yellow Plate at best subject to manpower availability can Initiate an enquiry and Initiate suspension of the Partner/User/Customer account if found to be true.
i) A Partner giving bookings to one or more Supply Partners in anticipation of commission Income and if the Supply Partner delays or doesn’t pay the Partner giving the booking,Yellow Plate is responsible for the conduct of the Partner. It is the sole responsibility of the Partner to collect payment from another Partner. Yellow Plate at best subject to manpower availability can Initiate an enquiry and Initiate suspension of the Partner/User/Customer account if found to be true.
j) If a Partner creates a booking for a Retail Customer via Partners App or a Retail Customer creating a booking via Customer App or Website and the Customer doesn’t pay the Driver or Supply Partner, Yellow Plate is not responsible in any manner whatsoever. It is the responsibility of the Supply Partner/Driver to collect Payments from the Customers.
k) It is the responsibility of the Partners to provide their Tax Registration No. and Certificate including GST. It is between Partners to ensure all points mentioned in the agreement is captured correctly. If a partner intentionally conceals GST/any other tax registration, then he is solely liable for any action taken by the respective Govt. agencies. It is the responsibility of the Supply Partner/vendor to collect GST/taxes from their retail or/and non-retail customers and deposit to the Govt. In case the Partner is accepting marketplace booking and the Partner either not provided GST No./certificate or doesn’t have GST No./Certificate, in all such cases, the Customer may not be charged GST.
8. CANCELLATION POLICY
a) Cancellation Policy differs for Personal or Business Bookings.
b) For Business Bookings involving a Supply and Business Partner, the Cancellation Policy/charges shall be determined by the agreement entered by the Partners.
c) For Personal Bookings created by you via Customer App or Website, you agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below: Cancellation Fee will be charged
a. If you cancel the booking within 15 minutes of Pick-up Time
b. If a driver cancels after waiting at Your location for more than 10 minutes
c. Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, you will not be charged any Cancellation Fee.
d) You shall be notified of the applicable Cancellation Fee whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
9. OBLIGATIONS OF THE CUSTOMERS:
a) You agree and acknowledge that the use of the services offered by the Company is at your sole risk and that the Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes.
b) Without prejudice to the above, the Company makes no representation or warranties that: -the service will meet your requirements; -the service will be uninterrupted, timely, secure, or error-free.
c) You authorize the Company to send you various communication including service messages, offers, promotions, and other promotional communication through various media channels, such as calls, messages, e-mails, social media and notifications in relation to the Company’s services.
d) You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving, and in such event, Your Account may be terminated by Yellow Plate
10. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights)
a) Yellow Plate alone (and its licensors, where applicable) shall own 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 any 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 or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
b) These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Yellow Plate. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
c) You may use information on the Site purposely made available by Yellow Plate for downloading from the Site, provided that You: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.
d) The Company is the sole owner and lawful licensee of all the rights to the web site and its contents. Website content means its design, layout, text, images, graphics, sounds, video, etc. the website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
e) All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
f) The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
g) All related icons and logos are trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
h) All the contents on this web site is copyright of the Company except the third-party content and link to third party website on our website.
a) The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and You shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at www.yellowplate.in and/or www.yellowplate.cab or on the date that the Company may indicate that such addition, variation or amendment is to come into effect.
b) The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
c) The Company provides links to third party website as a convenience to You or as an advertisement and the Company does not have any control over such sites i.e. content and resources provided by them. The Company recommends reading such site's terms and conditions and/or privacy policies before using such sites.
d) This web site (www.yellowplate.cab and www.yellowplate.in) is published and maintained by the Company access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and You.
f) Yellow Plate will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Yellow Plate may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Yellow Plate has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Yellow Plate reserves the right, at any time and without prior notice, to remove or disable access to any content that Yellow Plate, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
12. TERM AND TERMINATION OF LICENSE AGREEMENT
a) Unless terminated in accordance with Yellow Plate’s Terms and Conditions, the agreement between Yellow Plate and You is perpetual in nature upon downloading the Application.
b) You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
c) Yellow Plate is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violation or breach any term of these User Terms, or (b) in the opinion of Yellow Plate, misuse the Application or the Service. Yellow Plate is not obliged to give notice of the termination of the agreement in advance. After termination Yellow Plate will give notice thereof in accordance with these User Terms.
d) Termination of this agreement will not prejudice accrued rights of either Yellow Plate or You. Indemnification, Liability, Application License, Contents posted on Site/ Application, Intellectual Property Ownership, Term and Termination, Notice and Applicable Law and Dispute Resolution and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
a) You agree that Yellow Plate is merely an electronic platform to facilitate aggregation of stakeholders and enable and empower them via technology to do business via this Platform. It further enables the Business Partner to look for Supply Partners, send excess bookings to Marketplace and enables the Supply Partner to look for new Business Partner by listing business on Marketplace and/or send bookings to marketplace. It further enables Supply Partner to use their network to expand Fleet as well Bookings apart from earning commission income on excess bookings. Yellow Plate does not in any manner provide transportation services. Yellow Plate does not endorse, advertise, advise or recommend You to avail the Services of any Supply Partner or Driver Partner.Yellow Plate also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
b) We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
c) Yellow Plate and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Yellow Plate or any other person's negligence or otherwise).
d) This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Yellow Plate shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
e) All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
f) Yellow Plate is not engaged in the insurance business and does not provide any insurance services. Yellow Plate may facilitate provision of insurance services for the benefit of its Partners and/or Customers, under group travel insurance policies availed from insurance companies. Yellow Plate does not guarantee or make any promise in relation to the insurance policy/ insurance company, including but not limited to any benefits from use of the insurance services provided by the insurance companies, such as coverage, claims and settlements. Any claim or servicing of insurance policies, raised through the Application, remains a matter between the Customer and the insurance company, and Yellow Plate shall not be responsible for the actions of the insurance company or the Customer. It is to be noted that the insurance policy number, claim certificate, invoice for the insurance premium/ fee collected from the Customer is not be issued by Yellow Plate, but will be issued by the respective insurance company. Any issues in receiving tax invoices or issues faced in claiming the insurance are not the responsibility of Yellow Plate. Yellow Plate disclaims all and all liability in relation to the services of the insurance company. Please reach out to the insurance company in case of any questions/ issues.
14. MODIFICATION OF THE SERVICE AND USER TERMS
a) Yellow Plate reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
b) Yellow Plate shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine whenYellow Plate last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes.Yellow Plate may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
a) Yellow Plate may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record inYellow Plate’s account information.
b) You may contact Yellow Plate by electronic mail at Our email address firstname.lastname@example.org
16. APPLICABLE LAW AND DISPUTE RESOLUTION
a) These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Yellow Plate as Yellow Plate may designate.
b) All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date after which You shall have no any claim against the Company.
c) In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Yellow Plate and You. The place of the arbitration shall be Mumbai, Maharashtra, unless otherwise mutually agreed by Yellow Plateand You in writing.
d) The Courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the Use of the Services offered by the Company or the agreement or arrangement between the You and the Company