TERMS AND CONDITIONS


This website (“Site”) and application (“App”), and all other OSUM Sites and Apps are owned and operated by Prov, Inc., (collectively “Prov”, “OSUM Biz”, “OSUM Cabs”, “We”, “Us”, or “Our”):



PROV LABS INDIA PRIVATE LIMITED
NO. 9, 2ND FLOOR, R K COMPLEX, 100 FT MAIN ROAD
BTM 2ND STAGE, 1ST PHASE EXTENSION
BANGALORE-KA 560 076 (INDIA)

These terms and conditions (“Terms”) apply to Your (collectively “You”, “User”, and “Driver”; unless otherwise specified) visit to and use of the Services, Site, and App. Same Terms apply whether the Site and App are accessed through a computer, tablet, mobile phone, or other device, as well as to all information, recommendations and or Services provided to You on our Site, Services, and App. By clicking on the “I Accept” button, You are consenting and agreeing to a legal binding document with the Terms set forth. In these Terms, the words “including” and “include” mean and refer to “including, but not limited to.” We may immediately terminate these Terms or Services with respect to You, or generally cease offering or deny access to the Services, Site, and App or any portion thereof, at any time for any reason.

PLEASE ENSURE THAT YOU CAREFULLY READ AND UNDERSTAND THE TERMS AS SET FORTH BEFORE YOU USE AND AGREE TO THE SITE, APP, AND SERVICES. If you do not accept and agree to any of the Terms, then You may not use, access, or avail any of the Services being provided therein.

Your acceptance of the Terms shall include Your acceptance of the privacy policy available at: www.osumcabs.com/privacypolicy.

By agreeing to and accepting these Terms, You also allow OSUM Biz to send you promotional information via email and SMS alerts (SMS and Data charges may apply, check Your carrier service agreement).

ELIGIBILITY


You are eligible to use OSUM Biz and or provide OSUM Cabs Services only when the following conditions are met:

Drivers:

Drivers must be at least eighteen (18) years of age and possess a legal, valid, driver’s license. Drivers must also be competent to enter into a contract under applicable laws.

Users:

Must be at least eighteen (18) years of age, or accompanied by an adult over the age of eighteen (18). Users must also be competent to enter into a contract under applicable laws.

If You reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into contracts such as these Terms due to age, You must abide by such age limits.


ACCOUNT REGISTRATION


You understand and acknowledge that You can register on the Site and App only after complying with the requirements, as stated, and by entering your registration information.

You shall ensure that all information given by You is accurate, valid, complete, and true. It is Your responsibility to ensure that the information is updated as necessary. We bear no liability for false, inaccurate, or incomplete information provided by You.

You are solely responsible for maintaining confidentiality of Your account and login information, and all transactions that occur through Your account, whether initiated by you or any third party. We are not liable for any loss that You may incur as a result of third party use of Your login and password, or account, with or without Your knowledge. Your account cannot be transferred, assigned, or sold to a third party.

We reserve the right to suspend or terminate Your account effective immediately for an indefinite amount of time, if We have reason to believe that the information provided by You is incorrect or false, or that the security of Your account has been compromised in any way, or We find any other just or equitable reason.

In accepting these Terms, You understand and agree that any information or material provided by You, that is not required for account registration will not be considered confidential or proprietary and will be used according to applicable laws.

It is Your responsibility to ensure that You download the correct Application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate Services and the use of the App if You are using the Service, the Site, or the App with an incompatible or unauthorized device.

You are only permitted to maintain one or more accounts associated with the information provided by You. In the event of unauthorized use of Your account, please contact us immediately at: biz@osumcabs.com.

If You are unable to access Your account, please contact us at: biz@osumcabs.com or chat support to request blocking, or unblocking, Your account. We are not liable for any unauthorized transactions made through Your account prior to seventy-two (72) hours after You have made the request to have Your account blocked, and will not have any liability in case of Force Majeure Event.


TERMINATION OF LICENSE AGREEMENT


You are entitled, at any time, to terminate the agreement through deactivation and deletion of Your account. You can close Your account at any time by following the instructions on the Site. All Fees and Subscriptions paid prior to termination of account are non-refundable. If You choose, at a later date, to reactivate Your account, the Subscription Fee will be processed in the payment method designated by You at time of Account Registration.


CONTENT PROVIDED AND POSTED BY USERS


OSUM Biz may accept postings of messages, files, images, ideas, emails, and any other material given by You on the Site and App. You represent that You have obtained permission and consents of material to be posted by You on Our Site and App. We are in no way responsible for any content posted by You that does not comply with third-party terms and in no way, do We endorse it. You agree that the content posted and provided by You is not harmful, malicious, illegal, offensive, indecent, false, corrupted, or unlawful or in any other way is disruptive to our Services, Site, and App or illegal under applicable laws.

You shall not post any content or material that contains harmful software, agents, viruses, worms, bots, or any other script or program that disrupts the performance and integrity of the Services, Site and App.

If any material or content that You provide breaks these Terms or applicable laws, We reserve the right to revoke Your account and turn over any evidence to the authorities, agencies, law enforcement, and administrations of Government.


SERVICES AND POLICIES


Our Site and App provides You with Services for transportation. Our Service, Site, and App allows you to send a request to an OSUM Cabs Driver or a third-party Driver on Our network. The Driver has sole discretion to accept or reject a request for Service.

Upon receiving the booking request for Services, from You, We will proceed to inform you via SMS Text or email the details of the confirmed Driver, pick-up time, and availability. Said confirmation notice will include pick-up time, pick-up location, Driver name, vehicle license number, and Driver contact details.

We are not liable for any consequences and damages for any delay that may be caused to You due to Your failure in reviewing the confirmation details, SMS text, or email and any trip information contained therein. It is Your responsibility to contact Us immediately of any incorrect details or information.

OSUM Biz Account Holder Policy

Any changes made to the policy are up to the sole discretion of OSUM Biz and may be made without prior notification.

Subscriptions will be cancelled and revoked if any of the Terms or Safety Policies are violated. Upon cancellation of Your account, whether by You or by Us, any Subscription Fees are non-refundable and in the event of an account reactivation, the Subscription Fees must be paid in accordance to the Account Registration Terms and Policies. Subscription fees are non-transferrable between some cities and states.

Passenger Real-Time Booking Policy

Passengers may schedule a trip at any time. If they contact Your company and there are no available Drivers, the next closets available driver, within a given radius, will have the option to accept or reject the booking. In such cases, the original Cab Company contacted for the booking will receive a commission for referring the Passenger to the nearest available Driver.

We also provide access for Passengers to complete and post Driver ratings. With this Service, You agree and consent to Us posting said ratings in a public domain.

Schedule-a-Ride Policy

Upon drop-off from scheduled trip, Passengers have the option to book a return trip to the original location with the Driver providing the service.

For Passengers, a cancellation fee will be charged if You are ten (10), or more, minutes late to the “Schedule-a-Ride” pick-up; unless discussed and agreed upon with the Driver. You will be charged the equivalent of a two (2) km fare for the class of service selected as a cancellation penalty.

For Drivers, a cancellation fee will be charged if you are ten (10), or more, minutes late to the pick-up; unless discussed and agreed upon with the Passenger.

OSUM BIZ PAYMENT POLICY

Payment Policy

Details of the charges payable by You are available on the Platform. All ride payments shall be made directly to the OSUM Biz Partner providing the ride. Passengers will pay the Total Ride Fee (which includes, the Fare, Convenience Fee, Cancellation Fee, and any additional fees and Government taxes) to the Passenger for the Ride and Services provided to You by Us or the OSUM Biz Partner. Passengers may choose to pay for the Services by either of the following methods described in the Payment Policies.

Cash Payment

Cash payments shall be made at the time of boarding the cab. Passengers who opt to pay by cash, shall make the cash payment at the time of boarding. Payment amount shall be specified to Passengers at the time of booking confirmation. Passengers will be required to pay the amount shared at the time of booking confirmation even if the Passenger opts to make a stop during their Ride. The Passenger shall make best efforts to tender exact change to the OSUM Biz Partner.

Credit Card/ Debit Card/ Net Banking Payment

The Total Ride Fee shall be processed by a payment gateway/processor service (“Processor”), authorized by OSUM Biz. Said service may be an entity of OSUM or Prov, an affiliate, or an unrelated third party. You agree and consent to providing relevant payment and card details to said Processor for the completion of the transaction. All payment Processors used by Us shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization of said transaction permits Us to debit or credit Your account associated with Your payment details. Your authorization will remain in effect as long as You maintain Your account with Us. If You choose to delete your card details and Your account with Us, the Processor will not process any further payments at the Site or App.

Any payment related error, except when due to an error or fault in the Site or App, must be resolved between You and Your Payment Processor. OSUM Biz is not responsible for any unauthorized use of your card details during or after utilizing the Services on the Site or App.

E-Wallet and Online Payment

Online payments for trips shall be made straight to the partnering cab company Passenger booking process. Passengers may also make payment through an e-wallet (i.e. OSUMCASH), or one powered by one or more third party payment processors (“Payment Processors”). If the Driver is equipped with an electronic card reader, Passengers may make payment through this method as well. When Passenger(s) choose to make an online payment, OSUM shall collect the fare on behalf of the Driver who will be responsible for providing the transportation services. Passengers acknowledge that the collection of the fare on behalf of the OSUM Driver Subscriber in no way implies that the transportation services are being provided to Passengers by Us. The processing of payments or credit cards, as applicable, in connection with Their use of the OSUMCASH will be subject to the terms, conditions, and privacy policies of the Payment Processor that We engage for the purpose. We will not be responsible for any errors by the Payment Processor. In connection with Their use of the Services, we will obtain certain transaction details, which We will use solely in accordance with Our privacy policy. In the event the electronic payment is denied or cannot be processed, Passengers shall be required to pay the transportation services in cash. Terms described in Cash Payment.

Any payment related error, except when due to an error or fault in the Site or App, must be resolved between You and Your Payment Processor. OSUM Cabs is not responsible for any unauthorized use of your E-Wallet during or after utilizing the Services on the Site or App.

Invoicing

We will generate an invoice on behalf of the Driver servicing their offer request, which will be sent across to their original email ID after the completion of the Ride. The invoice shall be indicative of all applicable charges including but not limited to the surcharge, toll charges, service tax, and any other applicable Government taxes. Any payment made is non-refundable.

We may offer discounts and consequent deductions in the fare charged to the Passengers. The invoice sent to the Passenger shall be indicative of such discounts. Notwithstanding anything contained herein, these discounts may be varied from time to time at the sole discretion of OSUM.

The OSUM Biz Subscription fee can be made payable monthly, yearly, quarterly, bi-annually on the Site at a discount for anything over three (3) months subscribed in one transaction.

Cancellation Policy

In Micro/Mini/Prime/Sedan/SUV/Luxury and Rental Vehicles, a cancellation fee will be charged if Passengers cancel five (5) minutes after the cab is allocated or if a Driver cancels after waiting at their location for more than five (5) minutes. Any cancellation fees shall be collected by the appropriate OSUM Biz Partner.

Passengers will not be charged a cancellation fee if the Driver is delayed by more than five (5) minutes. Any Cancellation fees will be added to the bill amount of their next Ride.

In Shared Rides (when permitted by law) the Cancellation Fee will be charged if Passengers cancel two (2) minutes after the cab is allocated or if a Driver cancels after waiting at the Passenger’s location for more than three (3) minutes. Passengers will not be charged a cancellation fee if the Driver is delayed by more than five (5) minutes. Any Cancellation Fees will be added to the bill amount of their next Ride.

In Outstation/Commute, a cancellation fee will be charged if Passenger(s) cancel after five (5) minutes after the cab is allocated. Any Cancellation Fees will be added to the bill amount of their next Ride.

Sale Policy

OSUM Biz shall charge a Platform Fee for the Service which shall be determined and amended at the sole discretion of OSUM Biz. The Platform Fee shall be payable by OSUM Biz Partners to OSUM Biz and shall be informed to Passengers.

The cost per ride will be the equivalent to ₹5, with no price difference depending on the distance of the ride, time for completion, cancellation, or any other factors.

Passengers shall be required to pay a ride Cancellation Fee as described in the Cancellation Fee Policy, which will form part of the receipt of the Total Ride Fee.

In addition to the Total Fare, Passengers may be required to pay such other charges (such as tolls) incurred by You during the ride in cash, which are not included in the receipt of the Total Fare.

The Total Fare paid using electronic means will be collected by the OSUM Driver or from the OSUM Passenger at the end of the Ride, as set out in OSUM Cancellation Policy below.

OSUM shall provide a receipt of the Total Fare payable by the Passenger at the end of the Ride. However, separate invoices raised by the Driver for the fare, Additional Fees, and the Platform Fee raised by OSUM shall be provided to Passengers on request.

Passengers may raise a request for a copy of the invoices from Chat or email support.

All applicable taxes in respect of the Fare, Platform Fee, Additional Fee, and/or Cancellation Fee shall be borne and payable by the Passenger to the OSUM Driver or to OSUM.

OSUM Drivers will be charged a subscription fee that is not refundable and considered closed once the sale is made.

OSUM will collect and remit all sales tax based on the fares charged to the Passengers. In the event that payments are made in cash, OSUM will deduct the required sales tax from the Driver’s account and will remit the taxes to the appropriate authorities.

Refund Policy

The Subscription Fee will be refunded to an OSUM Biz Subscriber as long as the request for refund occurs less than seven (7) calendar days from the date of the new subscription payment. No refunds will be provided after seven (7) days after the subscription has been paid. The refunded amount will be provided net of any expenses incurred by OSUM including, insurance premiums paid, taxes withheld, merchant fees incurred, equipment or discounts provided. Refunds will be processed within seven (7) days from the initiation of such request by You. Only one refund request may be raised in a calendar month.

In the event of a successful cancellation of Pool Pass by a Passenger, the Fee for the Pool Pass shall be refunded in the wallet account of the User.

No refund, either in the form of coupons or OSUMCASH, will be issued for the referral discount.

Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from Services provided by You in excess of normal “wear and tear” damages and cleaning. Shall a reasonable request be made to Us by an OSUM Biz Partner for compensation, We reserve the right to facilitate payment for the reasonable cost of such repair or cleaning using your payment method assigned in your Account.

PROMOTION AND REFERRAL CODES

We may, in Our sole discretion, provide referral and/or promotional (collectively “Promo Codes”) codes that can be redeemed for discounts on Our future Services, benefits, and/or a third-party provider’s services, subject to any additional Terms and Conditions set forth by Us. By using the Promo Codes, You agree that they will be used in a lawful manner as they were intended. Promo Codes cannot be duplicated, transferred, sold, or made available to the public without Our prior consent. We may, for any reason we see necessary, disable and deactivate any Promo Code at any time. Promo Codes cannot be exchanged, used, or validated in any way as cash and may expire prior to Your use.

Driver OSUM Tokens

Upon completion of account registration and payment of Subscription and Sign-up Fees as required in the Account Registration, and the first trip is completed, Drivers will receive only ten (10) referral codes to disperse to individuals interested in becoming OSUM Drivers. Drivers that receive an OSUM Token, complete account registration, and pay all required fees will be prompted to include Promo Codes. Driver shall receive a discount based on the OSUM Token.

If We, at Our sole discretion, feel that the referral and promotional codes have been used in error, fraudulent, illegal manner, or otherwise in violation of the Terms and applicable law, we may withhold, deduct credits, or other features as deemed fit.

CONDUCT POLICY

It is expected that contracted cab companies, OSUM Drivers, and Passengers shall be respectful and abide by the laws. The following Terms included are prohibited from being violated, and in such instance of violation, You will be held in accordance with the applicable Laws and may be liable to pay a fine to Us. We shall also have the right to terminate the Ride and Your account with Us. You shall also be blacklisted as a result of non-payment of the fine and/or based on prohibited actions performed by You.

Said terms apply to ALL parties:

  • No damage to personal property
  • No physical or verbal altercations
  • No aggressive, abusive, or inappropriate language or gestures
  • No firearms
  • No violation of local and state laws while utilizing OSUM Cabs Services
  • No discrimination
  • No smoking or drinking alcoholic beverages
  • No illegal drugs


CUSTOMER SERVICE MANAGEMENT


All questions, suggestions, feedback, opinions, and issues while utilizing our Services, Site, and App shall be communicated to Us via Our email at: biz@osumcabs.com. You agree that any ratings provided in regards to the Driver, Services, Site, and App are fair, accurate, and non-disparaging while leaving comments, feedback, ratings, testimonials, and reviews on or about the Ride, Driver, Services, Site, and App.

Issues must be reported within seven (7) days of the event of the issue, failing which, it shall not be addressed. Any issue reported through other channels will be addressed by Us on a best-efforts basis. We are not liable in an inability to address the issue through channels other than through our email at biz@osumcabs.com.

We shall work to address Your issue within two (2) working days of You reporting it and will resolve it at Our earliest convenience based on the severity of the issue reported. In the event, You are not satisfied with the resolution of the issue, We are not responsible for any damages or loss.

INDEMNIFICATION

By accepting the Terms herein and using the Services, Site, and App, You agree that You shall defend, indemnify, and hold Us, Our affiliates/ licensors (“Their”), and all Our and Their employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorney fees and costs) relating to or in connection with (1) Your violation of any Term or any applicable laws or regulations, whether or not referenced herein; (2) Your violation of any rights of any third party or affiliate; (3) Your misuse of the Services, Site, and App.

LIMITATION OF LIABILITY

WE ARE NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF OUR SERVICES, SITE, AND APP. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, PROPERTY, TIME, FLIGHTS, TRAINS, EVENTS OR PERSONAL INFORMATION) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR BACKUP AND PROTECTION OF YOUR DATA AND YOUR USE OF THESE SERVICES, SITE, AND APP AND WILL NOT MAKE ANY CLAIM AGAINST US OR ANY OF OUR AFFILIATES IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THESE SERVICES, SITE, AND APP OR THE CONTENT AND MATERIALS CONTAINED HEREIN. YOU WILL NOT BRING ANY LEGAL ACTION AGAINST US OR OUR AFFILIATES IN CONNECTION WITH, AND WILL HOLD US AND OUR AFFILIATES HARMLESS FROM AND AGAINST, ANY CLAIMS BASED ON YOUR USE OF THESE SERVICES, SITE, AND APP.

APPLICATION LICENSE

Subject to compliance with the Terms, We grant You a limited, irrevocable, non-exclusive, non-transferrable, and non-sub licensable license to download and install a copy of Our App on a mobile device that You own or control and to run such copy of the App solely for Your own personal use and to use these Services, Site, and App.

Any payment related error, except when due to an error or fault in the Site or App, must be resolved between You and Your Payment Processor. OSUM Cabs is not responsible for any unauthorized use of your E-Wallet during or after utilizing the Services on the Site or App.

You will not (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Services, Site, and App in any way; (2) modify or duplicate works based on the Services, Site, and App; (3) create “links” to the Service, Site, App, or “mirror” any Service, Site, and App on any other server, wireless, or internet-based device; (4) reverse engineer or access the Services, Site, and App in order to (a) design or build a competitive product or Service, Site, and App, (b) build or design a product using Our ideas, feature, functions or graphics of the Service, Site, and App, or (c) copy any features, ideas, functions or graphics of the Service, Site, and App or (5) launch an automotive program or script, including, web spiders, crawlers, robots, ants, indexers, bots, viruses or worms, or any program that may make multiple server requests per second, or burdens or hinders the operation and/or performance of the Services, Site, and App.

You shall not send spam, or duplicative or unsolicited messages in violation of applicable laws. You may not send or store infringing, obscene, threatening, or libelous, or otherwise unlawful material, including material that is harmful to children or that violates third party privacy rights. You shall not send or store material containing harmful computer code, Trojan horses, files, scripts, code, agents or programs that interfere with the performance, security, or integrity of the Services, Site, and App and the data contained therein; or attempt to gain unauthorized access to the Services, Site, and App or Its related networks and systems.

We reserve the right to investigate and prosecute violators to the full extent of the law. We will involve and cooperate with authorities and law enforcement in prosecuting any Users who violate these Terms. You acknowledge that We have no obligation to monitor Your access to or use the Services, Site, and App, but have the right to do so for the purpose of operating the Services, Site, and App and to endure that You are compliant with the applicable laws or order by the courts, Government, administrations, and agencies. We reserve the right, without prior notice, to remove or block access to any content that We, at Our discretion, consider to be in violation of the Terms and harmful to the Site, Services, and App.

INTELLECTUAL PROPERTY

OSUM Cabs and any of our subsidiaries or employees do not accept or consider unsolicited ideas or suggestions from You or other third-parties. In the event that Our products, services, graphics, content, or marketing strategies reflect any unsolicited material, We shall own all rights, title, and interest, including all related intellectual property rights. To avoid any misunderstandings, We ask that You do not provide unsolicited ideas or suggestions in any form to Us or Our affiliates.

LINKS

Our Site and App may contain links to our affiliated clients and other websites that are not operated by Us. We are not responsible for the content or servers of any third-party website, even if linked to Our Site and App. We encourage you to read other sites privacy policies.

TRADEMARKS

The trademarks, logos, and service marks (“Marks”) on this Site and App are Our property or other third-parties’ and You are not permitted to use these Marks without Our prior written consent or such third party that owns the Mark.

OSUM, Serial No. 87/356,195, OSUM (and Design), Serial No. 87/356,202, OSUM Logo, Serial No. 87/356,204.

DISCLAIMERS

The content and materials of these Services, Site, and App may include inaccuracies or errors. Said errors do not affect the validity of other provisions in these Terms.

The Services provided by Us are “As is” and “As available”. We do not make any or authorize anyone on our behalf to warranty any of Our Services, Site, and App. We cannot guarantee the reliability, timeliness, quality, sustainability, or availability of Our Services, Site, and App or third-parties or affiliates. You agree that in by using Our Site, App, and Services, the entire risk remains solely with You, to the maximum extent of the law.

All the images, audio, video, and text on the Site and App are only for illustrative purposes. Any resemblance to a model, actor, or product image is purely unintentional and/or coincidental.

We may make improvements, modifications, and changes to the products, Services, Site, and App described in these Terms at any time, without notice. We periodically change, but make no commitment to update, the content on this Site and App. It is Your responsibility to check the Site and App for any changes, modifications, or improvements.

NOTICE

We may provide notice by means of a general notice on the Services, Site, and App, or by email, SMS text, phone, and postal mail contact as provided by You in your account information. You may contact Us anytime at our email address: biz@osumcabs.com.

ASSIGNMENT

You may not assign these Terms without Our prior consent and approval. We may assign these Terms without Your consent to a subsidiary, third-party, affiliate, a successor, or by merger or acquisition.

GOVERNING LAW AND DISPUTES

The Terms herein are subject to the laws of India. Should there be a breach, claim, controversy, or dispute regarding the Terms, Service, Site, and App or termination, validity, enforcement, or interpretation of the Terms, Services, Site, and App (collectively, “Disputes”) the parties shall attempt to settle amicably internally. If said Disputes cannot be settled internally between the parties after thirty (30) days, the Dispute will be transferred to attorneys and settled through the necessary legal processes in accordance with the law. The location of arbitration shall be in India and the United States, unless mutually agreed upon another location in writing by both parties. Any and all Disputes will be subject to the jurisdiction of Bangalore, India.