TERMS & CONDITIONS

This Site/Application/Services is operated by Blaze Management Services Private

Limited (“Kabby”). These terms and conditions (“User Terms”) apply to you (as a

driver or a cab owner or customer) 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 are 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 Kabby’s services, you are

acknowledging and consenting to be bound by these user terms. 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 Kabby 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 Kabby. These terms expressly supersede prior agreements or arrangements

with you, if any. Kabby 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 www.Kabby.in By accepting these user terms, you

also allow Kabby to send you promotional emails, WhatsApp messages and SMS

alerts from time to time.

It is hereby expressly clarified that these user terms will be applicable to all

authorized users booking cabs on Kabby. This will be applicable to customers who

are availing rides from third-party providers between one destination to another.

SERVICES

The Services constitute a technology platform that enables users of KABBY’s

mobile applications or websites provided as part of the Services (each, an

“Application”) to arrange and schedule transportation with independent third-

party providers of such services, under agreement with Kabby (“Third-party

Service Providers”). You acknowledge that Kabby does not provide transportation

and that all such transportation is provided by independent third-party contractors

who are NOT employed by Blaze Management Services ,”Kabby” or any of its

affiliates

FOR CUSTOMER

i. The customer will make only one account on the application for availing the

Services provided by Kabby.

ii. The customer will ensure correct address for pick up and drop.

iii. Responsibility of luggage and belongings of the customer are his own. Kabby

only facilitates the customer to find and book the ride as per customer

requirements. Please do “NOT” carry any unlawful or hazardous materials.

It is against the law.

iv. Customers are requested not to abuse, fight or get into an argument with

the driver. In case of any dispute, please call Kabby customer care.

v. Customers are requested to pay the total fare as depicted on the mobile

application at the end of each ride. Total fare will include - Charges quoted

by the driver + Parking charges(if any) + Pre-wait charges (if any) + Third

party charges like insurance premium (if applicable) + Past dues (if any); +

Applicable taxes. In case of any dispute – please feel free to call Kabby to

resolve the issue.

## Fares may vary on the basis of various market dynamics such as

fuel cost, inflation, cost of living, vehicle maintenance costs, interest

rates, demand and supply situation, increase in toll taxes, etc

### “Additional Fee” shall mean any toll, duty, inter-state taxes, etc.

that may have been incurred in providing the services and payable to

any third party/government authorities for undertaking the ride

under applicable law.

vi. Customer is requested not to smoke or consume alcohol in the car. Most of

the vehicles have CNG which can be hazardous to life and property of the

customer and driver. However, drivers can be requested to halt for some

time in case of urge of the same.

vii. Customer is requested to kindly give rating for the vehicle and the driver.

This is a government guideline. Please adhere to it as it will make us serve

you better.

viii. Customer is requested to report of any issue within 02 (two) days of the

happening of the issue, failing which, such issue will not be addressed. Any

issue will be reported only on Kabby app, website or email above may be

addressed by Kabby only on a best-effort basis. Kabby takes no liability for

inability to get back on other channels. Kabby will get back/respond to your

issues within 2 (two) working days of your reporting the same and endeavour

to resolve it at the earliest possible. It is hereby clarified that issues are

resolved on severity basis.

ix. Customer is requested “NOT” to throw any wrappers, plastic bags, tissues,

fruit peels, leftover food on the roads. You are requested to collect the

same and dispose it properly during halts or at the end of the ride.

x. There will be a 20-minute halt midway after every 2 hours of drive or 100

kms. This enables the driver to rest, relax and recoup himself. These halts

will be combined with refuelling and food halts.

xi. As per government guidelines, please DO NOT urge the driver to drive fast.

All drivers will drive within prescribed speed limit.

xii. Inspection team (inspectors) of Kabby will halt the vehicle midway for

carrying out inspection of vehicle and driver. Please feel free to approach

them in case of any problem.

xiii. All vehicles are being monitored on GPS. There is an emergency switch on

the app for SOS. In case of emergency – please use it. Our control room will

take necessary measures to contact the driver, nearest police station, third-

party security providers to provide all possible assistance to you. Also, your

name, mobile number, location and such other information with Kabby will

be passed on to them.

xiv. Customers are requested to share their location for safety issues.

xv. Eligibility: You will be “Eligible” to use the services only when you fulfil all

of the following conditions:

a) You have attained at least 18 (eighteen) years of age.

b) You are competent to enter into a contract under the applicable

laws.

xvi. Please note that all customers should form only ONE account. Please

provide valid and correct data for registration. All data will be stored on

servers WITHIN INDIA. 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 as a result

of someone else using your password or account, either with or without your

knowledge.

xvii. 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.

xviii. Account Access: In case, you are unable to access your account, please

inform us at support@kabyy.in with a written request for blocking your

account. We will not be liable for any unauthorised transactions made

through Your account prior to the expiry of 72 (seventy-two) hours after you

have made a request in writing for blocking your account, and shall not have

any liability in case of Force Majeure event.

xix. Force Majeure: 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.

xx. Indemnification: By accepting these user terms and using the service, You

the customer agree that you shall defend, indemnify and hold Kabby, its

affiliates, their licensors, and each of its 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: (a) Your violation or

breach of any term of these user terms or any applicable law or regulation,

whether or not referenced herein; (b) Your violation of any rights of any

third-party, including the TPSPs or (c) Your use or misuse of the application

or service.

xxi. Liability: The information, recommendations and/or services provided to

you on or through the site, the application and Kabby call centre are for

general information purposes only and do not constitute advice. Kabby 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.

xxii. In no event shall Kabby 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 Kabby has been advised of the possibility thereof.

xxiii. In addition, and without limiting the foregoing, to the fullest extent

permitted by applicable law, in no event will Kabby’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).

xxiv. In case any query or complaint is unresolved or if you did not receive a

satisfactory response from the 24x7 support, you can escalate the matter to

our Grievance Oﬃcer by sharing the details of the complaint ticket created:

Details of the Grievance officer : Shri. Manohar Rao

Location : D-159, Industrial Area, Phase – VIII, Sector – 73,

S.A.S. Nagar, Mohali. (Punjab) - 160071

Email id : support@kabby.in

Phone : 7456993816

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 Kabby as Kabby 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 Kabby and You. The place of the

arbitration shall be Mohali, Punjab unless otherwise mutually agreed by Kabby and

you in writing. Subject to the above, any dispute will be subject to the exclusive

jurisdiction of courts in Mohali, Punjab, India