Terms and Conditions
Updated effective from 31st January, 2025
This Site/ Application/ Services is/are operated /provided by Unovay Technologies Private Limited (“QPo”).
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 Application. 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.
By clicking on the “I ACCEPT” button or by using QPo’s services, You are acknowledging and consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not wish to accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND QPo IN RESPECT OF THE USE AND SERVICES OF THE SITE. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and QPo. These Terms expressly supersede prior agreements or arrangements with you. QPo may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services.
Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://qpocabs.com/policy.html. By accepting these User Terms, You also allow QPo to send you promotional emails and SMS alerts from time to time.
1. DEFINITIONS
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
(i) “Account” shall mean the account created by the Customer on the Application for availing the Services provided by QPo.
(ii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
(iii) “Application” shall mean the mobile application “QPo Shareride” or “QPo Driver” updated by QPo from time to time.
(iv) “City of Operation” shall mean a city in which the Customers and Drivers avail and render the transportation services respectively. For clarity, the services rendered by the Drivers and availed by the Customers shall be in the same city.
(v) “Customer/ You” means a person who has an Account on the Application.
(vi) “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services and persons who are registered with QPo and own such vehicles with necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
(vii) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of QPo.
(viii) “QPo” or “us” or “we” or “our” shall mean Unovay Technologies Private Limited, a company incorporated under the provisions of the Companies Act, 1956 be deemed to mean and include all its successors, affiliates and permitted assigns.
(ix) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by QPo from the Customer from time to time for registration on the Application.
(x) “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
(xi) “Service(s)” means the facilitation of the services by QPo through the Application or via a telephone request at the call centre of QPo, or booking on the Site.
(xii) “Site” shall mean the Application and the website https://www.qpocabs.com/ operated by QPo or any other software that enables the use of the Application or such other URL as may be specifically provided by QPo.
(xiii) “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.
(xiii) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
(xiv) “TPSP” shall mean a third-party service provider.
(xv) “Vehicle” shall mean an auto rickshaw or motor cab as defined under the Motor Vehicles Act,1988.
2. ELIGIBILITY
You will be “Eligible” to use the Services only when You fulfil all of the following conditions:
(i) You have attained at least 15 (fifteen) years of age. (ii) You can enter into a contract under the Applicable Laws.
If you reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into contracts such as these User Terms due to age, you must abide by such age limits.
3. REGISTRATION AND ACCOUNT
3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of Clause 3 and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data provided by You is accurate, complete, valid, true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3.3 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 any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur due to someone else using Your password or Account, either with or without Your knowledge.
3.4 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.
3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), QPo does not want You to, and You should not, send any confidential or proprietary information to QPo on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms, You agree that any information or materials that You or individuals acting on Your behalf provide to QPo other than the Permitted Information will not be considered confidential or proprietary.
3.6 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 application version 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 unauthorised device.
3.7 You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity
3.8 We allow you to open only one account in association with the registration data you provide. In case of any unauthorized use of Your Account please immediately reach Us at .
3.9 In case, You are unable to access Your Account, please inform Us at and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
4. SERVICES
The Services constitute a technology platform that enables users of QPo’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and request transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with QPo (“Third Party Providers”). YOU ACKNOWLEDGE THAT QPo DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY QPo OR ANY OF ITS AFFILIATES.
4.1. The Services allows You to send a request through QPo to a Driver on the QPo network. The Driver has sole and complete discretion to accept each request for Service. If the Driver would like to accept a request, QPo may notify You and provide information regarding the Driver- including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as QPo may determine.
4.2. QPo shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
4.3. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide QPo with such information and documents which QPo may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the call center of QPo, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply; (viii) 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 (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notied thereunder.
4.4. QPo 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. Further, QPo will store the information you provide or record your calls to contact you for all Service-related matters. You shall promptly inform QPo on any change in the information provided by You.
4.5. QPo or an authorised representative of QPo shall provide information regarding services, discounts and promotions provided by QPo or a TPSP to You on the QPo App or by way of an SMS or using any other TPSP such as WhatsApp or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.
4.6. QPo 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 QPo’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
4.7. You agree to grant QPo 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 QPo TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION WITH THIRD PARTIES FOR PURPOSES SOLELY RELATED TO IMPROVING THE SERVICE PROVIDED.
4.8. You agree and permit QPo 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 QPo. You hereby expressly consent to receive communications from QPo/ 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 QPo responsible 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.
4.9. QPo will be entitled to enter into any tie-up in terms of joint venture or otherwise with any other institution engaged in 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 QPo 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 tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
4.10. In the event QPo provides you any Vehicle for riding as a part of the Services including but not limited to QPo Shareride, You shall comply with the following: (i) You will ensure no damage is caused to the Vehicle in the course of your use/ testing the same and the same is returned in good condition; (ii) You agree that QPo can charge you for any such damage caused to the Vehicle while being used by You; (iii) You will not use the test Vehicle only for the purpose of testing and shall not exceed the predetermined time/ distance.
4.12. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, QPo on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle to complete Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.
4.13. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site.
4.14. QPo bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.
5. USER VIOLATION OF USER TERMS
5.1. You shall not smoke, drink or carry any contraband substances 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 as the case may be, and in such event, Your Account may be terminated by QPo.
6. CUSTOMER RELATIONSHIP MANAGEMENT
6.1. All issues, opinions, suggestions, questions and feedback while availing our Services can be communicated to us via several modes such as self serve app or website or email. After usage of our serivce, you are entitled to give a suitable rating and/or feedback for the service and ride. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
6.2. Reporting of any issue needs to be within 30 (thirty) days of the happening of the issue, failing which, such issue will not be addressed.
6.3. Any issue reported on channels other than the above may be addressed by QPo only on a best-effort basis. QPo takes no liability for inability to get back on other channels.
6.4. QPo shall endeavor to respond to Your issues within 2 (two) working days of Your reporting the same and endeavor to resolve it at the earliest possible but it is subject to availability of service individuals. It is hereby clarified that issues are resolved on severity basis.
7. FORCE MAJEURE
7.1 We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
8. INDEMNIFICATION
8.1 You agree to defend, indemnify, and hold harmless QPo Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the App. QPo shall provide notice to you of any such claim, suit, or proceeding. QPo reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist QPo's defence of such matter.
9. LIABILITY
9.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and QPo call center are for general information purposes only and do not constitute advice. QPo 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.
9.2. QPo shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in QPo’s control. You must request Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other unexpected delays.
9.3. QPo 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 center number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
9.4. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, QPo will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform QPo of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of QPo.
9.5. QPo shall not be responsible for any loss of communication / information of status update and benefits. All this information will be sent on mobile number and/or email ID registered with QPo. QPo 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.
9.6We will not be liable to you for failure to carry out our obligations under these Terms, where such failure is due to an event that is outside our control, which includes but is not limited to unforeseen traffic delays, fire, flood, storm, riot, strike, civil disturbance, war, nuclear accident, pandemic, or terrorist activitities
9.7. IN NO EVENT SHALL QPo 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 QPo HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
9.8. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QPo’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
9.9. 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 QPo shall be the minimum permitted under Applicable Law.
9.10. Some states and countries do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states or countries, the liability of QPo Parties resulting from the use or inability to use the App or the information contained in the App shall be limited to the greatest extent permitted by law.
10. APPLICATION LICENSE
10.1. Subject to Your compliance with these User Terms, QPo grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
10.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
10.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
10.4. QPo will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. QPo may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that QPo 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. QPo reserves the right, at any time and without prior notice, to remove or disable access to any content that QPo, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
11. CONTENT POSTED BY CUSTOMERS
11.1. QPo may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. QPo shall not in any manner be responsible for or endorse the Posted Content.
11.2. You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
(vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) ViQPote any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent. (xii) Threaten 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 cognizable offence or prevents investigation of any offence or is insulting any other nation. (xiii) ViQPote any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
12. INTELLECTUAL PROPERTY OWNERSHIP
12.1. QPo 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.
12.2. 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 QPo. 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.
12.3. You may use information on the Site purposely made available by QPo 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.
13. LINKS
13.1. If permitted by QPo, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any QPo trademarks or service marks or any Content belonging to QPo and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
14. TERM AND TERMINATION OF LICENSE AGREEMENT
14.1. Unless terminated explicitly, the agreement between QPo and You is perpetual in nature upon downloading the Application and for each Service booked through the Site.
14.2. 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.
14.3. QPo 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) violate or breach any term of these User Terms, or (b) in the opinion of QPo, misuse the Application or the Service. QPo is not obliged to give notice of the termination of the agreement in advance. After termination QPo will give notice thereof in accordance with these User Terms.
14.4. Termination of this agreement will not prejudice accrued rights of either QPo or You.
14.5. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Site/ Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (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.
15. INVALIDITY OF ONE OR MORE PROVISIONS
15.1. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
16. CONFLICT
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and QPo, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
17. INFORMATION ACCURACY
The information on the App may not always be accurate. We use several third parties to provide information on which the transport information and recommendations in the App are based. We try to make sure that the information is correct and up to date, but we cannot guarantee that it always will be. Times mentioned are only estimates, as actual timings are dependent on many factors beyond our control. Accordingly, we and our information providers do not accept any liability for any error or omission in the information available or the recommendations made through the App and exclude all liability for any action you may take, or loss or injury you may suffer (direct or indirect, including loss of income, profit, opportunity, or time) as a result of relying on any information available through the App
When travelling using the App, you need to exercise common sense and discretion about your safety.
18. DISCLAIMER
18.1. You agree that QPo is merely an electronic platform to facilitate ride requests and does not in any manner provide transportation services. QPo does not endorse, advertise, advise or recommend You to avail the Services of any Driver. QPo also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
18 .2. 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.
18.3. QPo 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 QPo or any other person's negligence or otherwise).
18.4. 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 QPo shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
18.5. 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.
18.6. QPo is not engaged in the insurance business and does not provide any insurance services. QPo has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from insurance companies, whereby QPo is acting as the group manager of the policy. QPo 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 QPo 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 QPo, 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 QPo. QPo 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.
19. PAYMENT
19.1 Payments for the Services shall be made strictly through the modes specified on the Application, namely cash or UPI. Any other form of payment shall not be accepted. You agree to make the payment only through the authorized channels as indicated on the Application. QPo reserves the right to deny Services in case of non-compliance with the prescribed payment methods.
20. REFUND AND CANCELLATION POLICY
This refund and cancellation policy outlines how you can cancel or seek a refund for a product / service that you have purchased through the Platform. Under this policy:
Cancellations will only be considered if the request is made 1 days of placing the order. However, cancellation requests may not be entertained if the orders have been communicated to such sellers / merchant(s) listed on the Platform and they have initiated the process of shipping them, or the product is out for delivery. In such an event, you may choose to reject the product at the doorstep.
Unovay Technologies Private Limited does not accept cancellation requests for perishable items like flowers, eatables, etc. However, the refund / replacement can be made if the user establishes that the quality of the product delivered is not good.
In case of receipt of damaged or defective items, please report to our customer service team. The request would be entertained once the seller/ merchant listed on the Platform, has checked and determined the same at its own end. This should be reported within 1 days of receipt of products. In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 1 days of receiving the product. The customer service team after looking into your complaint will take an appropriate decision.
In case of complaints regarding the products that come with a warranty from the manufacturers, please refer the issue to them.
Once we verify the refund request, we will credit the refund to the original payment method within 6-7 working days.
21. SERVICE AVAILABILITY DISCLAIMER
21.1 The tagline "Get your Share auto in 2 minutes" or any similar phrase used in our marketing, app, or promotional materials is intended for illustrative purposes only and does not constitute a guarantee of service availability within two minutes. Actual wait times may vary based on factors such as demand, driver availability, traffic conditions, and location-specific constraints.
21.2 While we strive to provide fast and efficient service, the estimated arrival time is subject to the availability of share autos in the vicinity and other real-world factors beyond our direct control. QPo Cabs does not warrant or promise that a share auto will always be available or reach the customer within exactly two minutes.
21.3 Additionally, any variation of this tagline, whether in different wording, grammatical form, or language, conveys the same general intent and is subject to the same conditions outlined in this clause.
21.4 By using the QPo Cabs platform, customers acknowledge and accept that estimated arrival times are indicative only and not a binding commitment. QPo Cabs shall not be held liable for any claims, losses, or inconvenience arising from reliance on estimated wait times mentioned in our marketing materials.
22. MODIFICATION OF THE SERVICE AND USER TERMS
22.1. QPo 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.
22.2. QPo 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 when QPo 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. QPo 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.
23. NOTICE
23.1. QPo 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 in QPo’s account information.
24. ASSIGNMENT
24.1. You shall not assign Your rights under these User Terms without prior written approval of QPo. QPo can assign its rights under the User Terms to any affiliate.
25. APPLICABLE LAW AND DISPUTE RESOLUTION
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 QPo as QPo may designate. 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 QPo and You. The place of the arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by QPo and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Chennai, India.