Capital Trust Mobility Solutions (Pvt) Limited (CTMS), which owns and operates TAXIYA (hereinafter referred to at times as “TAXIYA”, “The Company” “we” or “us”) which registered in Sri Lanka and registered office at 42 Sir Mohammed Macan Marikar Mawatha Colombo 03 a company duly incorporated in the said Democratic Socialist Republic of Sri Lanka company registration PV 00209090, welcomes you to our innovative trust-based ride service, and the associated mobile applications, websites, content and products (the “Services”). Below are the terms and conditions for use of this Application and the Services (hereinafter referred to as “Terms and Conditions Agreement”).
WE INVITE AND REQUEST OUR ALL USERS, SOMETIMES REFFERED TO AS THE CLIENTS OR TO AS RIDERS AND THE DRIVERS ALSO SOMETIMES REFFERED TO AS THE INDEPENDENT SERVICE PROVIDERS TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
By using or accessing the Services, the users as well as the independent service providers hereby agree to be bound by this Terms and Conditions Agreement. If you don’t wish to agree to accept these Terms and Conditions, you may choose not to avail our services. The terms and conditions contained herein supersede any prior arrangement or agreements between these parties, and are subject to change and can be modified or supplemented at any given time with prior notice to all concerned. Posting such modified or supplemental terms here shall constitute such notice. The continued use of the Services following such notice shall constitute acceptance of same by all the parties concerned. Certain areas within or portions of the TAXIYA Materials may be governed by additional terms and conditions (“Additional Terms”) presented in conjunction with this and will apply to the parties concerned. However notwithstanding such additional terms, if there exists an irreconcilable inconsistency between the additional terms and conditions and this terms and conditions agreement, this agreement will supersede such additional terms. Therefore, all parties concerned should ensure to peruse this Terms and Conditions Agreement periodically for updates, notwithstanding such the continued use of the Services signifies your acceptance of any changed or supplemental terms and conditions.
TAXIYA, reserve the right to immediately change/ amend/ terminate the Terms and Conditions Agreement or any Services with respect to the parties concerned, or generally cease offering or prevent further access to the Services or any portion thereof, at any given time without any reason or prior notice to you.
Note that the headings contained herein this Terms and Condition Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions Agreement. This English-language Terms and Conditions Agreement is TAXIYA’s official agreement with our users and the drivers. In case of any inconsistency between this English-language Terms and Conditions Agreement and its translation into any other language, this English-language document shall supersede all other translated documents.
TAXIYA DOES NOT PROVIDE TRANSPORTATION OR RELATED SERVICES DIRECTLY TO USERS BUT IS A FACILITATOR PLATFORM WHICH BRIDGES THE RIDES TO THE USERS. Our Services comprises a seamless, technology-based platform that includes mobile applications, websites and other points of entry (each an “Application”) through which users can connect with and schedule transportation and related services with independent third party transportation and logistic providers of those services (each one, an “Independent Service Provider”). Such Independent Service Providers may also be under separate agreement with TAXIYA. FOR CLARITY, TAXIYA IS NOT A TRANSPORTATION CARRIER. IT IS UP TO EACH INDEPENDENT SERVICE PROVIDER AND USER TO USE THE TAXIYA SERVICES TO CONNECT WITH EACH OTHER.
Unless otherwise agreed with TAXIYA, our services are only meant for personal use not for any commercial use. You hereby understand and agree that (i)TAXIYA is not a transport or carrier company rather is a ride sharing service operator; (ii) TAXIYA does not render any transportation or logistic support; and (iii) TAXIYA only provides the platform whereon INDEPENDENT THIRD PARTY (who are not he employees of TAXIYA) provides the ride services to the end users.
Our Applications, the TAXIYA Marks, and all of our content (including, without limitation, text, photographs, images, illustrations, graphics, video material, audio material, services, products and software) shall be referred to collectively herein as the “TAXIYA Materials”.
TAXIYA Platform is available only to, and may only be used by individuals who can form legally binding contracts under the Sri Lanka Law.
All ride bookings offered are subject to availability. When you make a booking or a reservation, you confirm that you have the authority to make an offer, accept, and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking or reservation for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking for transportation. TAXIYA does not act as a guarantor or agent for the vehicle owner/driver or the driver nor do we guarantee that the vehicle is fit for the purpose. All passenger’s rides are at the passenger’s own risk and TAXIYA is not liable for any act or omissions committed by any user or the driver. TAXIYA also does not accept any liability or responsibility whatsoever for any damage caused through accidents or any negligence on the part of the driver or the user during the journey or while stationery. TAXIYA absolves itself from any liability or responsibility for the loss, theft or any claim arising out of using the vehicle. It is the responsibility of the user to ensure that any information which is given to TAXIYA is accurate and the information passed onto the users by TAXIYA is passed on to all members of the user’s party. Prices for vehicle will be based on the prevailing cost on the date of travelling and the user shall pay the fare (as displayed in the meter), the parking charges, and any other additional surcharge (where applicable) by cash or other payment methods. TAXIYA has the right to change the prices at any given time prior to the booking or the reservation being confirmed. Once the booking or the reservation has been confirmed, the user will have to pay the full amount as displayed in the meter available in the application. We will not accept responsibility for any verbal price quotations or descriptions and we shall reserve the right to refuse such bookings or reservations.
The user should provide us with all information which we require. They must also ensure that the credit or debit card they are using is their own (or, subject to our agreement where if the credit or debit card belongs to a third party the user has the express authorization of the credit card holder to use the said credit or debit card and that sufficient funds are available to cover the cost of the arrangements which you book with us. When we receive and accept your booking, we will send you a confirmation message and invoice and recover payment from you. We do not offer any representation or warranty as to the status of the vehicle, or Individual Components of the vehicle.
Subject at all times to the compliance of this Terms and Conditions Agreement by the user and the driver, TAXIYA hereby grants them a limited license, under which they may access and use the Services, and any TAXIYA Materials offered or provided in connection with the use of the Services, solely for their personal, non-commercial use. However this license is revocable, non-exclusive, and may not be transferred or sublicensed to others.
Among TAXIYA, the user and the driver, any rights not expressly granted to the user and the driver in the paragraph immediately above are hereby reserved by TAXIYA, and its licensors and/or subsidiaries.
The Services and the TAXIYA Materials are protected, as applicable, by copyright, patent, trademark and other laws of the Sri Lanka, Mustafa Communication Limited, is the owner and the operator of TAXIYA,. The Services and TAXIYA Materials are owned or controlled by TAXIYA or its licensors, subsidiaries and/or the party credited as the provider of same. Additionally, portions of the TAXIYA Materials, e.g., the Applications, are protected by copyright as a collective work and/or compilation.
With respect to the Services and the TAXIYA Materials, parties concerned agree to the following restrictions:
Registration and TAXIYA Accounts
To register for this service the users should be of legal age (18 Years and above) and only such persons will be allowed to maintain an active account with us “TAXIYA Account” and “TAXIYA Full Account”. Unless otherwise designated, references to “TAXIYA Accounts” herein shall refer to both types of TAXIYA Accounts.
You are not allowed to have more than one active TAXIYA Account at any one time. You acknowledge and agree that you are solely responsible for all activity that occurs on or through your TAXIYA Account, and that you are solely responsible for the selection, security and protection of your username and password for your TAXIYA Account.
Without limiting the foregoing, you may not assign or otherwise transfer your TAXIYA Account to any other person or entity. You may not access or use the Services for any unlawful purpose, and agree to comply with all applicable laws and regulations when accessing and using the Services.
You acknowledge and agree that your failure to adhere to any of the terms and conditions applying to the TAXIYA Account may result in the termination of your TAXIYA Account and your inability to further access or use the Services.
You are solely responsible for obtaining and maintaining the means for accessing and using the Services. If you access and use our Services via a mobile network, your network provider's data and messaging rates and fees may apply. TAXIYA does not guarantee that the Services, the TAXIYA Materials, or any portion thereof, will function on any particular hardware or devices, or that same will be available through any particular network or service. You acknowledge and agree that the Services may be subject to interruption, errors, malfunctions and delays caused by the use of the Internet, your access device(s) and network(S), and otherwise inherent to electronic communications.
By accessing and using the Services via your TAXIYA Account, you agree that we may contact you in connection with your access and use of same, including, without limitation, sending you informational text (SMS) messages and/or e-mail. You may opt-out of receiving text (SMS) messages from us at any time by sending us an e-mail to support@TAXIYA.com . You understand that you opting out of receiving text (SMS) messages from us may negatively impact your access to and use of the Services.
TAXIYA will need the following information in registering for a TAXIYA Full Account:
The user further agrees to maintain all of the above information (“TAXIYA Account Information”) so that it is accurate, complete and up-to-date at all time. User may be asked for proof or other verification of the TAXIYA Account Information in connection with the access to and the use of the Services. Inaccurate or incomplete Service Account Information may result in the loss of access to and use of the Services.
You agree that you will not remove, modify or copy any of the copyright, trademark or design of TAXIYA, part with the software, interfere with the system, use or deal with the TAXIYA in a way which is not authorised or otherwise detrimental to the rights or interest of TAXIYA.
You agree and accept that TAXIYA services will be available under different trade name “TAXIYA Car”, “TAXIYA NANO”, “TAXIYA MINI”,“TAXIYA BIKE” etc and reserves the right to opt for any name it chooses.
Underage persons may not independently use TAXIYA Full Accounts unless otherwise accompanied by a parent, guardian or other responsible adult.
Neither the user nor any other person accessing or using the Services through the user’s TAXIYA Account will cause any nuisance, inconvenience, or property damage, whether to an Independent Service Provider or any other person or entity.
The user shall be solely responsible for the costs associated with the repair of or replacement based upon damages to, including necessary cleaning of, the property of any Independent Services Provider, including any vehicles and other property, that results from use of the Services under the users TAXIYA Account, provided that such damages or cleaning are in excess of normal "wear and tear" damages and necessary cleaning associated with same. In TAXIYA’s sole discretion, we may use the Payment Method associated with your TAXIYA Account to cover the reasonable costs of any such excessive damage, repair or replacement. Such amounts will be provided to the Independent Services Provider, and are non-refundable to the user.
The user acknowledge and agree that the use of the Services will result in charges to the user for the use of the Services or other service the user may obtain through the Services, including any received from an Independent Service Provider (“Fees”). Following the receipt of services obtained through the use of the Services, the user is liable to pay cash directly to the Driver. If it’s a Credit Account TAXIYA will facilitate the said payment of the applicable Fees to the Independent Service Provider. Fees will include all applicable taxes and other charges (e.g., tolls, surcharges, taxes, etc.). The payment of Fees by user shall be final and non-refundable, unless otherwise agreed to between TAXIYA and the user. If the user is able to negotiate any change in the Fees directly from an Independent Service Provider at the time of the receipt, TAXIYA will adjust the Fees accordingly in response to confirmation of such change from the Independent Service Provider.
All Charges are facilitated through cash or a third-party payment processing service (e.g., Credit Card Holders Bank.). TAXIYA may replace its third-party payment processing services without prior notice. Charges shall only be made through the TAXIYA Platform.
Charges are assessed immediately following completion of the ride. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of the user’s decision to terminate usage of the TAXIYA Platform, any disruption to the TAXIYA Platform or Services, or any other reason whatsoever.
TAXIYA, at its sole discretion, may make available promotions with different features to any of our Riders or prospective Riders. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with TAXIYA.
All Fees are due upon completion of the associated services. The user is liable to pay the Independent Service Provider directly. All users with prior approved credit facilities will be billed as per such agreements and such payments shall be considered the same as the user making payment directly to the particular Independent Service Provider.
Regarding our Fees and payments, the user acknowledges and agree that:
In connection with access to and use of the Services or TAXIYA Materials, users may be allowed from time to time to submit, upload, publish or otherwise provide to us certain information, content or other materials, such as text, audio, and/or visual content and information (“User Provided Materials”). Examples of such User Provided Materials include ratings, commentary, suggestions, testimonies, ideas and other feedback related to the Services and/or TAXIYA Materials, technical or other support requests, and entries for competitions and other promotions. The user agrees to refrain from providing Materials that are defamatory, libelous, hateful, violent, obscene, racial, pornographic, unlawful, or, in our sole judgment, offensive, whether or not such materials may be protected by law. TAXIYA reserves the right, but does not undertake any responsibility, to review, monitor, and/or remove User Provided Materials.
Ownership of materials provided to TAXIYA by the user remains within the user, subject only to the following license to us: That the user hereby grants to TAXIYA, and TAXIYA hereby accepts, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up license, with full rights to sublicense, to receive, make, use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Provided Materials in all formats and via all distribution methods, without further notice to or consent from the user, and without the requirement of payment to the user or to any other person or entity.
The user hereby represents and warrant the following with respect to any User Provided Materials:
Legal Disclaimers; Limitation of Liability; and Indemnity
THE USER ACKNOWLEDGES AND AGREE TO THE FOLLOWING DISCLAIMERS, TO THE MAXIMUM AMOUNT ALLOWED BY APPLICABLE LAW:
THE USER ACKNOWLEDGE AND AGREES TO THE FOLLOWING LIMITATIONS OF LIABILITY, TO THE MAXIMUM AMOUNT ALLOWED BY APPLICABLE LAW:
The Driver and the Vehicle Owner agrees, undertakes and guarantees that:
The ride user/ customer agrees, undertakes and guarantees that:
The user hereby agree to indemnify and hold TAXIYA, its Affiliates, and their respective office, directors, employees and agents, harmless from any and all actual or threatened claims, demands, losses, liabilities, and expenses (including reasonable attorneys' fees and costs of suit), arising from, or in connection with: (a) the use of the Services, the TAXIYA Materials or services obtained through the Services; (ii) The user’s breach or other violation of any of the terms and conditions set forth in this Terms and Conditions Agreement; (iii) TAXIYA’s receipt and use of User Provided Content as authorized herein; (iv) any transaction or activities between the user and any Independent Service Provider or any other third party, including any users with TAXIYA Accounts tied to the user’s TAXIYA Account; or (v) any violation of any applicable law or regulation by the user.
No delay or failure by TAXIYA to enforce any of the terms and conditions set forth in this Terms and Conditions Agreement shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by TAXIYA nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of TAXIYA shall have any legal effect.
Company will not be liable for, or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Company’s reasonable control.
This Terms and Conditions Agreement, the Services, the TAXIYA Materials construed in accordance of Mustafa Communication Limited which is the owner and the operator of TAXIYA and any dispute arising between the parties is subject to the exclusive jurisdiction of the courts of Sri Lanka. In case of any dispute, the Driver, Vehicle Owner or the Passenger are encouraged to lodge a complaint within 48 hours with the TAXIYA.
To make effective use of the Services by it various users, we have established the TAXIYA Rules set forth below.
By participating in rides via the Services as a Passenger or Driver, you agree to abide by these TAXIYA Policies.
For Account Holders - As an Account Holder or as Passenger authorized by an Account Holder, HE/SHE can order a ride via ride now or schedule later Services for up to four hours in advance. Simply provide the proposed date and time via an Application, and enter the Passenger details. Cancellations are subject to TAXIYA’s cancellation policy set forth above. After confirming the reservation via the Application, the user can also communicate the details about the scheduled ride to any Passengers, including relevant details like the time, pick-up and drop-off locations, and the Driver’s name and vehicle type. As the pick-up time nears, TAXIYA sends a friendly reminder to you and your Passengers about the scheduled ride. It is recommended that the Account Holder’s and any Passenger’s mobile devices be turned on at least one hour prior to the scheduled ride pick-up time. We advise that the user avoid cancelling such scheduled rides as a courtesy to the Driver(s).
The following highlighted is not clear. Are they implying that the driver too can accept rides directly from a user through the APP? If so this para should be constructed as:
Drivers too can accept rides directly and such rides should be only via the TAXIYA Application. Thereafter details of these rides such as including location, pick-up time and details about the Passenger(s) will be communicated back to the driver prior to the pick-up time or at the time of pick-up if its immediate pick-up
Divers can accept proposed rides via the TAXIYA Application directly. Such rides will be notified to the driver by TAXIYA prior to the scheduled pick-up time of the ride, including location, pick-up time and details about the Passenger(s). When the driver arrives at the pick-up location, ensure that the rider is located and greeted after safely parking the vehicle. Always ensure that each Passenger wears the safety belt during the entirety of the journey.
Drivers may chat with Passengers, but should not engage in topics that may be irrelevant to his/her ride and potentially elicit private information about Passengers or Account Holder(s) or otherwise make any Passenger uncomfortable.
TAXIYA reserves the right to suspend any Driver upon a report of any Driver misconduct associated with a ride, including, without any limitation, any unsafe driving, violation of the TAXIYA Rules, or inappropriate behavior. During the suspension, the Driver will not be allowed to provide any rides via the Services. TAXIYA may conduct an investigation of the reported misconduct, during which TAXIYA will contact the Driver and any relevant Passengers and/or Account Holders for an account of such circumstance. Based upon the results of the investigation, TAXIYA will arrive at a decision in its sole discretion as to whether to lift the stay or permanently suspend the Driver from the Services. All such decisions are final. Furthermore, the Drivers should be very polite and respectful to the passengers and case of any complaint regarding any misbehavior with any passenger, the Drivers shall be penalized, their access to the system shall be barred and would be subject to legal proceedings in accordance with the law as the passenger wishes.
TAXIYA maintains a zero tolerance policy towards Drivers who during a ride or just prior to a ride:
Upon any such violations, TAXIYA reserves the right to terminate or suspend the Driver’s use of the Services, pending further investigation.
For the provision of rides via the Services, Drivers are only allowed to use vehicles that are properly registered and inspected for same by the company at the time of registration.