TERMS AND CONDITIONS


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



Prov, Inc.
9980 South 300 West
Suite 200
Sandy, UT 84070

These terms and conditions (“Terms”) apply 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 Cabs to send you promotional information via email and SMS alerts (SMS and Data charges may apply, check Your carrier service agreement).

ELIGIBILITY


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.

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 (1) account associated with the information provided by You. In the event of unauthorized use of Your account, please contact us immediately at: support@osumcabs.com.

If You are unable to access Your account, please contact us at: support@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 Sign-Up Fee, and Subscription Fee will be processed in the payment method designated by You at time of Account Registration.


CONTENT PROVIDED AND POSTED BY USERS


OSUM Cabs 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 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 and 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.

Driver Subscriber Policy

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

Introductory and Subscription prices may vary based on, but not limited to: number of referrals and promotions (OSUM Tokens). If three (3) or more months of Subscription are paid upfront, with Our sole discretion, We may provide a discounted rate.

Subscription fees are not included in the Sign-Up Fee and are paid separately. Subscription fees cover: Automobile insurance and merchant fees.

Subscription fees do not cover Card Readers for the Drivers. They can be purchased or rented separately at a discounted rate.

Subscriptions will be cancelled and revoked if any of the Terms or Safety Policy are violated. Upon cancellation of Your account, whether by You or by Us, the 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.

Sign-Up Fees

In addition to the Driver Subscriber Subscription Fee, there is a Sign-Up Fee. The Sign-Up Fee shall cover the cost of necessary equipment, including signage and GPRS device; in addition to legal requirements, administration costs, and any other cost associated with executing the daily functions of the Service, Site, and App; including costs to maintain the servers, Site, and App.

In the event Your account is terminated, whether by You or by OSUM, the Sign-Up Fee will not be refunded. If You reactivate your account, the Sign-Up Fee must be paid in addition to Your Subscription Fee.

Pay-Per-Kilometer Policy

OSUM Cabs charges fares based on the kilometers driven instead of time spent in vehicle. The terms of this policy can be changed without notification, based on the sole discretion of OSUM Cabs.

Price-per-kilometer varies based on, but not limited to: vehicle type, price-per-kilometer based on various cities, and prices based on current fuel cost.

There are no base fees or surcharge fees added to the price-per-kilometer. There are no additional charges for peak time travelling.

The minimum charge per ride will be equivalent to the fare for two (2) km ride for the class of service provided, regardless of the distance travelled that is less than two (2) km. Rides longer than two (2) km will be charged at a rate of the base fare per class of service multiplied by the estimated distance to be traveled regardless of traveling a greater or lesser distance. Fares for rides greater than two (2) km will be based on the fractional km estimated to be traveled.

Commute-a-Ride Policy

OSUM Cabs Commute-a-Ride service is only available for OSUM Pass Holders, providing the required funds are in the Passengers OSUM Wallet.

Passengers may schedule pick-ups and drop-offs, in advance, with an OSUM Driver. Scheduled trips can be daily, weekly, monthly, yearly, etc., on a continuing basis.

Passengers will be charged a cancellation fee if a trip is not cancelled up to thirty (30) minutes prior to the scheduled time. Passengers will be charged the equivalent of a two (2) km fare for the class of service selected as a cancellation penalty. This thirty (30) minute cancellation window is exclusive to the Commute-a-Ride service, as other regularly schedules rides can be cancelled up to five (5) minutes before pick-up.

Passenger Real-Time Booking Policy

OSUM Passengers may schedule a trip at any time. If you do not have a pre-scheduled trip, or a preferred Driver, then the Driver with the longest que-time within a given radius will have the first option accepting Your trip request.

By allowing Us to access Your address book, You have the options to connect with up to five (5) contacts to track Your ride. Through Our Site and App, You can book separate and additional rides for the Your contacts. We also provide access to complete and post Driver ratings. With this Service, You agree and consent to Us posting said ratings in a public domain.

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.

Schedule-a-Ride Policy

Upon drop-off from scheduled trip, You have the option to book a return trip to the Your original location with the OSUM Driver.

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.


PAYMENT POLICY


Payment Policy

Details of the charges payable by You are available on the Platform. OSUM Cabs shall charge 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. 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 Driver Subscriber.

Credit Card/ Debit Card/ Net Banking Payment

The Total Ride Fee shall be processed by a payment gateway/processor service (“Processor”), authorized by OSUM Cabs. 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 Cabs 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 to OSUM during the 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 Driver 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.

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

The minimum cost per ride will be the equivalent of the fare for two (2) km for the particular vehicle class regardless if the ride is less than two (2) km. Rides two (2) km or greater will be charged based on the estimated distance based on the App, rather than on the actual distance driven by the driver.

Fare charges will be equal to the per kilometer rate times the number of kilometers or fraction thereof.

Passengers shall be required to pay a ride Cancellation Fee as described in the Cancellation Fee Policy.

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.

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 Driver Subscription Fee will be refunded to an OSUM Driver 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.

We try our best to ensure our OSUM Drivers reach our Users on time. In the event of delays, contact OSUM Cabs and we will do our best to either provide an alternate vehicle or give You a full refund.

In the event the vehicle You booked does not arrive, you will not be charged for the ride.

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 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.