Terms & Conditions

Use of Terms




USER'S AGREEMENT


GHOOMAKKAR[Website, Application & Service] is a product of GHOOMAKKAR Services Pvt Ltd & GHOOMAKKAR Technologies OPC Pvt Ltd. When you access and use GHOOMAKKAR[Website, Application & Service] you are agreeing to comply with and be bound by the following terms and conditions of use. These terms and conditions (“User Terms”) apply to your visit to and your use of the website & application and Services at www.ghoomakkar.com whether accessed through a computer, a mobile phone, the Service and the Application (as defined below), as well as to all information, recommendations and or services provided to you on or through the Website, the Service and the Application.

VARIATION

GHOOMAKKAR may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of willl be effective immediately on posting. It’s user’s responsibility to check Terms of use before booking the service from GHOOMAKKAR.

SERVICES

The service allows you to send a request through GHOOMAKKAR to a ‘Driving Partner’ on GHOOMAKKAR network. The DRIVING PARTNER has sole and complete discretion to accept or reject each request for service. If the DRIVING PARTNER accepts a request, GHOOMAKKAR notifies you and provides information regarding the DRIVING PARTNER including Driving Partner name, his phone number & vehicle details. GHOOMAKKAR shall put reasonable efforts to put you into contact with a DRIVING PARTNER in order to obtain transportation service, subject to the availability of DRIVING PARTNER in or around your location at the moment of your request for transportation services.
To avoid any sort of doubt GHOOMAKKAR wants to make it very clear here that GHOOMAKKAR on its own does not provide transportation services, and GHOOMAKKAR is not a transportation carrier. It is up to the DRIVING PARTNER to offer transportation services, which may be requested through the use of the Service. GHOOMAKKAR only acts as facilitator between you and the DRIVING PARTNER. The provision of the transportation services by the DRIVING PARTNER to you is therefore subject to the agreement (to be) entered into between you and the DRIVING PARTNER. GHOOMAKKAR shall in no mean be made a party to such agreement.

1. HOW TO USE THE SERVICE

The service allows you to send a request through GHOOMAKKAR to a TPSP(Third Party Service Provider) in GHOOMAKKAR network. The TPSP has sole and complete discretion to accept or reject each request for service. If the TPSP accepts a request, GHOOMAKKAR notifies you and provides information regarding the TPSP - including driver name, vehicle license number - and the ability to contact the TPSP by telephone. GHOOMAKKAR shall procure reasonable efforts to bring you into contact with a TPSP in order to obtain transportation service, subject to the availability of TPSP in or around your location at the moment of your request for transportation services.

For the avoidance of doubt: GHOOMAKKAR on its own does not provide transportation services, and GHOOMAKKAR is not a transportation carrier. It is up to the TPSP to offer transportation services, which may be requested through the use of the Service. GHOOMAKKAR only acts as intermediary between you and the TPSP. The provision of the transportation services by the TPSP to you is therefore subject to the agreement (to be) entered into between you and the TPSP. GHOOMAKKAR shall in no event be made a party to such agreement.

2. YOUR USE OF THE SERVICE

To avoid any sort of doubt GHOOMAKKAR wants to make it very clear here that GHOOMAKKAR on its own does not provide transportation services, and GHOOMAKKAR is not a transportation carrier. It is up to the DRIVING PARTNER to offer transportation services, which may be requested through the use of the Service. GHOOMAKKAR only acts as facilitator between you and the DRIVING PARTNER. The provision of the transportation services by the DRIVING PARTNER to you is therefore subject to the agreement (to be) entered into between you and the DRIVING PARTNER. GHOOMAKKAR shall in no mean be made a party to such agreement.

3. BOOKING VIA PHONE

You may reach us at 0120-XXYYXXYY. GHOOMAKKAR shall answer your calls and cater to your requirements; Nevertheless GHOOMAKKAR does not assure a guaranteed response at all times due to the dependency on the call handling capacity which vary in nature. Booking via phone service may also be restricted to a specific time duration at the discretion of GHOOMAKKAR. The call may be recorded by GHOOMAKKAR for quality and training purposes. By booking via phone, you also agree to the terms and conditions governing the service (go to www.ghoomakkar.com for detailed T&C). GHOOMAKKAR may store the information provided for contacting you for all service related matters.

4. BOOKING VIA WEBSITE

You may make a booking through our website www.ghoomakkar.com .It is mandatory to register with a valid mobile number and e-mail at the time of sign up. By signing up, you also agree to the User Terms governing the site. GHOOMAKKAR will store the information provided for contacting you for all service related matters. You should keep your information updated with GHOOMAKKAR in case of any change in mobile number or email ID, in order to serve you better.
It is not mandatory to have a login ID/Password to make booking through website. You can book service even without login ID/Password but you must have a valid mobile number where GHOOMAKKAR will send verification code to check genuineness of the user.


5. BOOKINGS VIA MOBILE APPLICATION

You may download GHOOMAKKAR application on your device for availing the Service. By downloading the Application, you also agree to the User Terms. GHOOMAKKAR will store the information provided for contacting you for all service related matters. You may promptly inform GHOOMAKKAR on any change in the information provided, in order to serve you better. It is your responsibility to check to ensure you download the correct Application for your device. GHOOMAKKAR is 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. GHOOMAKKAR reserves 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.


CONFIRMATION OF BOOKING

GHOOMAKKAR shall, upon receiving the booking request from you, proceed to confirm or decline the booking based on the availability of vehicles at the pickup time & location, which shall be informed to you vide SMS and/or E-mail. 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 any incorrect detail, the same needs to be informed to us immediately by calling our calling Number. 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/email or failure to inform GHOOMAKKAR of the incorrect details immediately.


PAYMENT

You shall pay the Auto Rickshaw fare as displayed in the meter (mobile device) / meter of vehicle (if it’s fitted) along with convenience fee, parking charges,waiting charges(if any), additional night surcharge (where ever applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Auto Rickshaw service. The toll charges will be payable by you as applicable, when the Auto Rickshaw availed crosses a toll post/border post while carrying you.

The fares are subject to market rate fluctuations based on factors such as fuel cost, regulated price changes, festivals, political conditions and the like. The fare confirmed during booking is not a guarantee for the actual fare at the time of availing services. You shall pay the fare prevailing at the time of availing the Service.

The rates that apply for the transportation services by the DRIVING PARTNER can be found on the Website and may be enquired over the phone by calling our call center. These may be modified or updated by GHOOMAKKAR from time to time. It is your own responsibility to remain informed about the current rates for the transportation services. Presently cash payment is the only channel for settlement of fare.

Entire amount need to be settled in cash to the Driving Partner at the end of the trip based on the fare as shown in the Driving Partner’s device/ meter of auto rickshaw. Any additional charges on waiting or luggage not intimated to GHOOMAKKAR for billing purposes shall be settled directly with the Driving Partner.

GHOOMAKKAR generates the bills on behalf of the Driving Partner servicing your booking, which is sent across to your registered e-mail. You are responsible for providing the correct e-mail id with us. The Bill amount is for the Services including any taxes and late fees, as applicable that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees in cash to the Driving Partner. Any payment made is non-refundable.

CANCELLATION POLICY

You may cancel the booking 1 hour prior to the time of journey, without any cancellation charges for all services. Any cancellation made within 1 hour of travel might attract cancellation charges. Rs 100 or 50% of the fare shall be payable as cancellation fee, whichever is higher. And these cancellation, you need to settle on ASAP basis or on your next journey with us.

MESSAGING/SMS/NOTIFICATION

You may, upon booking or attempting to book the Services, receive service related various messages in your mobile phone from GHOOMAKKAR regarding the following:

YOUR BEHAVIOURAL RESPONSIBILITIES

Smoking and drinking are absolutely prohibited in the Vehicles. You shall be liable to pay to additional fees if the Driving Partner of the Vehicle complains to us about the same. You shall also not misbehave with the Driving Partner of the Vehicle. You may also be liable to pay the fine up to Rs 10000 for wrong behavior with the DRIVING PARTNER. In the event you fail to pay fees after the completion of the trip, we may at our discretion, take such steps as may be available to us under law. You shall also be blacklisted as a result of non-payment of fees or misbehaving as the case may be and you shall not be eligible to avail of our Services in future.

CUSTOMER RELATIONSHIP MANAGEMENT

All issues, opinions, suggestions, questions and feedback while availing our Services may be communicated to us by email at feedback@ghoomakkar.com .This is the official and only channel for redressal of any customer issue.

Reporting of any issue needs to be within 10 days of the happening of the issue, failing which, such issue will not be addressed.

Any issue reported on channels other than feedback@ghoomakkar.com or beyond 10 days of happening of the issue may be addressed by GHOOMAKKAR only on a best-effort basis. GHOOMAKKAR takes no liability for inability to get back on other channels.

GHOOMAKKAR shall respond to your issues within 7 working days of your reporting the same. GHOOMAKKAR shall endeavor to resolve the same within 10 working days. It is hereby clarified that issues are resolved on severity basis, and certain issues may be resolved earlier than the other. However, GHOOMAKKAR shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.

INDEMNIFICATION

By accepting these User Terms of using the Service, you agree that you shall defend, indemnify and hold GHOOMAKKAR, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with

LIABILITY

The information, recommendations and/or Services provided to you on or through the Website and by our call centre is for general information purposes only and does not constitute advice. GHOOMAKKAR will reasonably keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website is free of errors, defects, malware and viruses or that the Website is correct, up to date and accurate.

GHOOMAKKAR shall not be liable for missing trains/flights/events etc as the Service is dependent on many factors not in our control. You must book GHOOMAKKAR by taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, Auto Rickshaw/Taxi breakdowns and other un-expected delays. GHOOMAKKAR will not be responsible for any delays and also if you are not ready at the time of arrival of the Auto Rickshaw/Taxi. It is hereby clarified that GHOOMAKKAR is only a facilitator and shall in no event be made liable for any delays or any losses suffered by you due to such delay

In the event, there is a delay by the vehicle in the reaching the pickup location beyond 30 minutes of the pickup time, GHOOMAKKAR shall endeavor to get you in touch with the DRIVING PARTNER whose vehicle delayed in reaching the pickup location.

GHOOMAKKAR shall not be liable for any damages resulting from the use of or inability to use the channels of booking, including damages caused by wrong usage of website URL, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of GHOOMAKKAR.

GHOOMAKKAR shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or e-mail/sms communication including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

GHOOMAKKAR shall not be liable for any loss / damages caused due to use of any devices installed in the Auto Rickshaw and you will be solely responsible for the same.
You shall take full responsibility of your items and luggage. In case of lost items inside the Vehicle during the journey, GHOOMAKKAR 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 Auto Rickshaw or have any complaint in respect of the Services or the use of the Auto Rickshaw, you have to inform GHOOMAKKAR of the same in writing within 24 (twenty four) hours of using the Auto Rickshaw or the services of GHOOMAKKAR. In the event lost good is found, the same may be collected from the intimated GHOOMAKKAR offices on working days. GHOOMAKKAR however shall not be responsible for delivering the same back to you. If requested, GHOOMAKKAR may deliver the misplaced item/s back to you after 3 (three) working days from the date you were informed, subject to the place of delivery being [20] kms from the GHOOMAKKAR office. GHOOMAKKAR shall charge you minimum fee of Rs. 2000/- for such delivery. GHOOMAKKAR will not be responsible for any delay in or failure of message due to any technical error or due to any delay on account of service provided by the mobile service provider of the GHOOMAKKAR or your and /or the person whose number has been provided for booking.

GHOOMAKKAR will not be responsible for the accuracy of the information, any situations like congestion of network and/or traffic jams and in no event the information sent by way of SMS shall be used for planning a meeting and/or any other purpose. GHOOMAKKAR shall not be responsible for any delay on account of such situations and information provided is only for sending the SMS about the Auto Rickshaw location and trip.

The GHOOMAKKAR does not assure a complete sustainability of its Service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner.
GHOOMAKKARs shall not be responsible for any loss of communication / information of status update & benefits under the program. All this information will be sent on mobile number &/or email ID registered with GHOOMAKKAR. GHOOMAKKAR 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.

Any information sent by GHOOMAKKAR will be sent only to the mobile numbers/e-mail ids registered on the website of GHOOMAKKAR or provided to GHOOMAKKAR call centre and GHOOMAKKAR will not be responsible for any change in the mobile number/e-mail ids which have not been updated on the website by you.

The quality of the transportation services requested through the use of the Service is entirely the responsibility of the DRIVING PARTNER who ultimately provides such transportation services to you. GHOOMAKKAR promises its best endeavor to provide sufficient training, quality control procedures and processes to ensure best services by DRIVING PARTNERs. However, under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the DRIVING PARTNER or any acts, action, behavior, conduct, and/or negligence on the part of the DRIVING PARTNER. Any complaints about the transportation services provided by the DRIVING PARTNER should therefore be submitted to GHOOMAKKAR for escalation to the DRIVING PARTNER.

IN NO EVENT SHALL GHOOMAKKAR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEBSITE’S SERVICES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF GHOOMAKKAR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO ACCESS THIS WEBSITE OR AVAIL OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, OBTAINED THROUGH THIS WEBSITE OR ANY OTHER EXTERNAL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GHOOMAKKAR OR ANY OF GHOOMAKKAR’ SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

THIRD PARTY INTERACTIONS
During the use of the Website and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website and the Service and are beyond GHOOMAKKAR's control. During use of the Website and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of DRIVING PARTNERs, advertisers or sponsors showing their goods and/or services through a link on the Website or Service. These links take you off the Website and the Service and are beyond GHOOMAKKAR's control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. GHOOMAKKAR is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY

For the purpose of this User Term, the following definitions apply: “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials owned or used by GHOOMAKKAR, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party. “User” means a person who accesses or uses the Service or Application, in this case, you Subject to your compliance with these User Terms, GHOOMAKKAR grants you a limited, non-exclusive, non-transferable license: to view, download and print any content solely for your personal and non-commercial purposes; and You have no right to sublicense the license rights granted in this section.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Content, except as expressly permitted in these User Terms. You may not reuse any Content without first obtaining the written consent of GHOOMAKKAR. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GHOOMAKKAR or its licensors, except for the licenses and rights expressly granted in these User Terms. Any use by you of the content is entirely at your own risk.

TERM AND TERMINATION OF LICENSE AGREEMENT

The agreement between GHOOMAKKAR and you is perpetual in nature upon booking in any other mode.

You are entitled to terminate the agreement at all times by permanent deletion of the your user account at any time by following the instructions on GHOOMAKKAR's website.

GHOOMAKKAR is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Application and the Service) if you (a) violate or breach any term of these User Terms, or (b) in the opinion of GHOOMAKKAR. GHOOMAKKAR is not obliged to give notice of the termination of the agreement in advance. After termination GHOOMAKKAR will give notice thereof in accordance with these User Terms.

INVALIDITY OF ONE OR MORE PROVISIONS

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 according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

APPLICATION LICENSE

Subject to your compliance with these User Terms, GHOOMAKKAR grants you a limited non-exclusive, non-transferable 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.

You shall not

GHOOMAKKAR will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. GHOOMAKKAR may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that GHOOMAKKAR has no obligation to monitor your access to or use of the Website, Service, Application or Content, but has the right to do so for the purpose of operating the Website, the Application 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. GHOOMAKKAR reserves the right, at any time and without prior notice, to remove or disable access to any Content that GHOOMAKKAR, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.

INTELLECTUAL PROPERTY OWNERSHIP

GHOOMAKKAR alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service. These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by GHOOMAKKAR. GHOOMAKKAR's name, logo, and the product names associated with the Application and Service are trademarks of GHOOMAKKAR, its affiliated companies or third parties, and no right or license is granted to use them.

TERM AND TERMINATION OF LICENSE AGREEMENT

The agreement between GHOOMAKKAR and you is perpetual in nature upon downloading the Application and for each booking in any other mode.

You are entitled to terminate the agreement at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on GHOOMAKKAR's website.

GHOOMAKKAR is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of GHOOMAKKAR, misuse the Application or the Service. GHOOMAKKAR is not obliged to give notice of the termination of the agreement in advance. After termination GHOOMAKKAR will give notice thereof in accordance with these User Terms.

INVALIDITY OF ONE OR MORE PROVISIONS

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 according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

DISCLAIMER

It is hereby clarified that, GHOOMAKKAR being a facilitator, cannot guarantee the availability of a vehicle even though the booking is confirmed. However, GHOOMAKKAR will endeavour to arrange a vehicle for you, failing which, GHOOMAKKAR shall inform you 30 (thirty) minutes before the pickup time. Based on your response, GHOOMAKKAR shall continue searching for a vehicle. However, such failure in providing an auto shall not make GHOOMAKKAR liable for any damages as you have been informed sufficiently in advance of such unavailability. This Website, Application and all content on the Website 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 Website and/or Application, that your access of the Website and/or Application and availing of Services is at your sole risk, that you assume full responsibility for all costs associated with your access and use of the Website and/or Application, and that GHOOMAKKAR shall not be liable for any damages of any kind related to your access and use of this Website and/or Application. All images, audio, video and text in the Website 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 character in a video to anybody or anything in any context is purely unintentional and/or coincidental. GHOOMAKKAR’ rights are subject to the terms of the agreement entered between GHOOMAKKAR and its content and image providers.

MODIFICATION OF THE SERVICE AND USER TERMS

GHOOMAKKAR reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service at any time by posting a notice on the Website or by sending you notice through the Service or via email. GHOOMAKKAR may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

NOTICE

GHOOMAKKAR may give notice by means of a general notice on the Service or by electronic mail to your email address on record in GHOOMAKKAR's account information, or by written communication sent by regular mail to your address on record in GHOOMAKKAR's account information.

ASSIGNMENT

You may not assign your rights under these User Terms without prior written approval of GHOOMAKKAR.

PRIVACY AND COOKIE NOTICE

GHOOMAKKAR collects and processes the personal data of the visitors of the Website according to the Privacy and Cookie Notice.

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 Website, the Service (collectively, “Disputes”) will be settled exclusively by the competent court in Delhi, India, unless you notify GHOOMAKKAR within one month after GHOOMAKKAR invoking its right pursuant to this provision to commence court proceedings in India, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.

GHOOMAKKAR PRIVACY POLICY

Our Privacy Policy explains what information we collect, how we collect, use, share and protect information about you. The Privacy Policy covers both our “online” (e.g., web and mobile services, including any web sites operated by us such as www.ghoomakkar.com however accessed and/or used, whether via personal computers, mobile devices or otherwise) and “offline” (e.g., collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by the Company. Our “online” and “offline” activities are collectively referenced as the “Services.” This Privacy Policy also applies to your use of interactive features or downloads that:

(i) we own or control;

(ii) are available through the Services; or

(iii) interact with the Services and post or incorporate this Privacy Policy.

BY USING OUR SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. Please review the following carefully so that you understand our privacy practices. If you do not agree to this Privacy Policy, do not use any of our Services or give us any of your information. In addition, please review our Terms and Conditions, which may apply to your use of our websites. This Privacy Policy is incorporated by reference into the applicable Terms and Conditions.
If you have questions about this Privacy Policy, please contact us at contact@ghoomakkar.com

1. INFORMATION WE COLLECT

(a) INFORMATION YOU PROVIDE TO US

We may ask you to provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, and mobile number (“Personal Information”). We may collect this information through various forms and in various places through the Services, including account registration forms, contact us forms, or when you otherwise interact with us. When you sign up to use the Services, you create a user profile. The current data fields that might be requested for are:

• Email
• Password
• Name
• Address
• Mobile phone Number
• etc

(b) AS YOU ACCESS AND USE OUR SERVICES

In addition to any Personal Information or other information that you choose to submit to us, we and our third-party TPSPs may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. We may use Usage Information for a variety of purpose, including to enhance or otherwise improve the Services. In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

In addition, tracking information is collected as you navigate through our Services, including, but not limited to geographic areas. If you are traveling in a vehicle with GPS devices, the Driving Partner’s mobile phone will send your GPS coordinates, during the ride, to our servers. Most GPS enabled mobile devices can define one’s location to within 50 feet. We collect this information for various purposes – including determining the charge for the transportation you requested via our Services, to provide you with customer support, to send you promotions and offers, to enhance our Services, and for our internal business purposes.

Usage Information may be collected using a cookie.
If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device. If you choose to disable cookies or Flash cookies on your Device, some features of the Services may not function properly or may not be able to customize the delivery of information to you.

You should be aware that the Company cannot control the use of cookies (or the resulting information) by third-parties, and use of third party cookies is not covered by our Privacy Policy.
Usage Information may be collected using a cookie. If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device. If you choose to disable cookies or Flash cookies on your Device, some features of the Services may not function properly or may not be able to customize the delivery of information to you.

You should be aware that the Company cannot control the use of cookies (or the resulting information) by third-parties, and use of third party cookies is not covered by our Privacy Policy.

(c) INFORMATION THIRD PARTIES PROVIDE ABOUT YOU

We may, from time to time, supplement the information we collect about you through our web site with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those sources with information we collect through the Services. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.

(D) INFORMATION COLLECTED BY MOBILE APPLICATIONS

Our Services are primarily provided through an application on your mobile, tablet computer or similar device (“Mobile Application”). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications.

When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), including without limitation:

With respect to geo-location data we track through your Mobile Device, we use that geo-location information for various purposes – including for you to be able to view the drivers in your area that are close to your location, for you to set your pick up location, so the drivers are able to find the location from which you wish to be picked up, to send you promotions and offers, and to allow you (if you choose through any features we may provide) to share this information with other people. Except as otherwise permitted in this Privacy Policy, we will not share this information with third parties for any purpose and will only use this information for the sole purpose of providing you with the ability to request transportation via GHOOMAKKAR’s Mobile Application. You may at any time no longer allow our Mobile Application to use your location by turning this feature off at the Mobile Device level.

We also provide some of your Personal Information (such as your name , pick up address, contact number) to the driver/partner who accepts your request for transportation so that the driver may contact and find you. The companies for which drivers work (that are providing the transportation service) are also able to access your Personal Information, including your geo-location data.

We may associate your unique mobile Device Identifier or Mobile Application usage information with any Personal Information you provide, but we will treat the combined information as Personal Information.

Personal Information may also be collected and shared with third-parties if there is content from the Mobile Application that you specifically and knowingly upload to, share with or transmit to an email recipient, online community, website, or to the public, e.g. uploaded photos, posted reviews or comments, or information about you or your ride that you choose to share with others through features which may be provided on our Services. This uploaded, shared or transmitted content will also be subject to the privacy policy of the email, online community website, social media or other platform to which you upload, share or transmit the content.


2. USE OF INFORMATION COLLECTED

We use information collected to provide you with an enhanced experience when using the Services. Based upon the Personal Information you provide us when registering for an account, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, telephone, or SMS or text message, in accordance with your wishes.
We use your information to closely monitor which features of the Services are used most, to allow you to view your trip history, view any promotions we may currently be running, rate trips, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources.
We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you.

We use your information to closely monitor which features of the Services are used most, to allow you to view your trip history, view any promotions we may currently be running, rate trips, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources.

We use the information collected from our Mobile Application so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases, marketing purposes. We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you.

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

In addition, we may use your Personal Information or Usage Information that we collect about you:

Please note that information submitted to the Services via a “contact us” or other similar function may not receive a response.

3. HOW AND WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES?

We may share non-personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes. We do not sell, share, rent or trade the information we have collected about you, including Personal Information, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes unless you consent to such sharing at the time you provide your Personal Information. GHOOMAKKAR shall be entitled to disclose to all of its group companies or any of its authorized chauffeurs or any government body as so required by the law or by directive or request from such government body or any third party, your particulars in the possession of GHOOMAKKAR in any way as GHOOMAKKAR, in its absolute discretion, deems fit or if it considers it in its interests to do so.

(a) WHEN YOU AGREE TO RECEIVE INFORMATION FROM THIRD PARTIES.

You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

(b) THIRD PARTIES PROVIDING SERVICES ON OUR BEHALF.

We use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf – such as Driving Partners and companies they work for to provide the Services, and other third-parties to host the Services, design and/or operate the Services’ features, track the Services’ analytics, process payments, engage in anti-fraud and security measures, provide customer support, provide geo-location information to our Driving Partners, enable us to send you special offers, host our job application form, perform technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services‘ features), or perform other administrative services. We may provide these vendors with access to user information, including Personal Information; this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors are obligated not to disclose or use Personal Information for any other purpose.

While we may use third party analytics DRIVING PARTNERs to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these analytics DRIVING PARTNERs, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information. We use a third party hosting provider who hosts our support section of our website.
Information collected within this section of our web site is governed by our Privacy Policy.
(c) IN CASE OF CO-BRANDED SERVICES.

Certain aspects of the Services may be provided to you in association with third parties (“Co-Branded Services”) such as sponsors and charities, and may require you to disclose Personal Information to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Service with a username and password obtained through our Services, your Personal Information may be disclosed to the identified third parties for that Co-Branded Service and will be subject to their posted privacy policies.

(d)WHEN RUN CONTESTS AND PROMOTIONS

We may offer contests, and other promotions (any, a “Promotion”) through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list. Any schemes, Privilege / gift voucher and rewards (Programs) are subject to the respective terms & conditions of the scheme.

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate:



(f) IN CASE OF BUSINESS TRANSFER.

We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Services or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.

4.FOR ADMINISTRATIVE AND LEGAL REASONS.

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Company, our Services or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; an /or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet DRIVING PARTNERs, wireless DRIVING PARTNERs and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.

6.IN CASE OF SOCIAL MEDIA FEATURES

Our online and mobile Services may include social media features, such as the Facebook Like button, and widgets such as a “Share This” button, or interactive mini-programs that run on our online and mobile Services. These features may collect your IP address, which page you are visiting on our online or mobile Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our online Services. Your interactions with these features and widgets are governed by the privacy policy of the company providing them.

7. MODIFICATION OF INFORMATION AND CANCELLATION OF ACCOUNT

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through contact@ghoomakkar.com We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.

if you wish to cancel your account or request that we no longer use your information to provide you services, contact us through contact@ghoomakkar.com We will retain your Personal Information and Usage Information (including geo-location) for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location, trip history, and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account, investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.

8. SECURITY

The Personal Information and Usage Information we collect is securely stored within our databases. However no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you do not disclose your password to anyone.

9.MODIFICATION TO THE PRIVACY POLICY CHANGES TO THE PRIVACY POLICY

We may change this Privacy Policy as per our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.