Terms of Use

1. Introduction

Welcome to Fair Fare India (“Fair Fare”), a digital marketplace, designed, developed and delivered by Mobilint Solutions Private Limited (“Mobilint”), India.

This document describes the Terms of Use (“Terms”) that govern the access or use by you, as a responsible individual, of Fair Fare Services, in plain English language, keeping the legal and technical jargon to a bare minimum.

Please read these Terms carefully before you access or use Fair Fare Services. If you do not agree to these Terms, you may not access or use Fair Fare Services. 

2. Scope

This document supersedes all the prior released version(s) of Fair Fare Terms of Use.

Supplemental terms may apply to certain Fair Fare Services and such supplemental terms will be disclosed to you in connection with the applicable Fair Fare Services. Supplemental terms will be deemed a part of these Terms for the purpose of the applicable Fair Fare Services. Supplemental terms will prevail over these Terms in the event of any conflict with regards to the applicable Fair Fare Services.

These Terms are subject to the Applicable Laws prevalent in the geographies for which Fair Fare Services have been released for use.

These Terms are specifically applicable to you if you access or use Fair Fare Services.

3. Contractual Obligations

Fair Fare Services are provided to you by Mobilint Solutions Private Limited, holding CIN U72900MH2020PTC343432, a Company incorporated in India under the provisions of Companies Act, 2013 and having its Registered Office at 5, Uday Apartments, Agashe Path, Dadar (West), Mumbai – 400 028, Maharashtra, India.

Your access and use of Fair Fare Services constitutes your agreement to be bound by these Terms, and establishes contractual obligations between you and Mobilint. These Terms supersede any prior agreements between you and Mobilint.

Mobilint may terminate these Terms or discontinue offering or deny access to Fair Fare Services or any part thereof, for any reason, without giving any prior notice to you or without assigning any reasons.

4. Eligibility

You will be eligible to use Fair Fare Services only if you satisfy all the conditions mentioned below:

i. You are at least 18 years of age or have attained the age of legal majority in your jurisdiction, if different from 18 years

ii. You are competent to enter into a contract under the Applicable Laws

5. Services

5.1. Fair Fare Services

Fair Fare is state-of-the-art, user-friendly digital marketplace. Fair Fare Services include Fair Fare APP, Website (individually an “Application”) and other related services. Fair Fare Services bring together Commuters, Service Partners, Business Partners and Competent Authorities on one single digital marketplace platform.

• Commuters: Individuals who request for or avail transportation

• Service Partners: Third-Party individual public taxi/autorickshaw operators, association/union of public taxi/autorickshaw operators (including their associates/members), legal business entities operating fleet of taxis/autorickshaws (including their service delivery partners), legal aggregators of taxi/autorickshaw operators (including their service delivery partners) and service providers for any other related services, relevant for Fair Fare

• Business Partners: Third-Party business entities that participate in promotional or discounts and offers programs in conjunction with Fair Fare Services

• Competent Authorities: Third-Party association/union of public taxi/rickshaw operators, legal business entities operating fleet of taxis/autorickshaws, legal aggregators of taxi/autorickshaw operators, service providers for any other related services, relevant for Fair Fare, and Regional Transport Authority (“RTA”) for the jurisdiction

Mobilint has made available Fair Fare Services solely for your individual and non-commercial use. You acknowledge that Mobilint neither provides transportation services nor function as a transportation carrier and that all such transportation services are provided by independent Third-Party Service Partners who are not employed by Mobilint.

You further acknowledge that Mobilint neither acts on any transportation related commuter complaints nor function as an authority responsible for action on transportation related commuter complaints and that all such transportation related commuter complaints are acted upon by independent Third-Party Competent Authorities who are not employed by Mobilint.

You also acknowledge that unless and otherwise explicitly stated, all promotional or discounts and offers programs are made available to you, in conjunction with Fair Fare Services, by independent Third-Party Business Partners, who are not employed by Mobilint, as per their applicable terms and conditions.

5.2. Ownership

Fair Fare Services and all rights therein are the property of Mobilint. Neither these Terms nor your use of Fair Fare Services convey or grant any rights, whatsoever, to you.

5.3. Third-Party Services

Fair Fare Services may be made available in connection with third-party services and content that Mobilint does not control. You acknowledge that your use of such third-party services and content may be covered by different terms of use and privacy policies. Mobilint does not endorse such third-party services and content and will not be responsible or liable for any products or services or content obtained from the third-party service providers, through your use of Fair Fare Services.

Fair Fare Services may be released for various operating systems or geo-mapping platforms for mobile devices or desktops. Providers of such operating systems or geo-mapping platforms will be Third-Party Beneficiaries to this contract if you access Fair Fare Services using Applications developed for any such operating systems or geo-mapping platforms. These Third-Party Beneficiaries are not parties to this contract and are not responsible for the provision or support of Fair Fare Services in any manner.

5.4. License

Subject to your compliance with and acceptance to these Terms, Mobilint grants you a limited, non-exclusive, revocable and non-transferable license to:

i. Access and use Fair Fare Services on your personal device solely for the purpose of your individual and non-commercial use

ii. Access and use any content, information and related materials made available to you by Fair Fare Services, solely for the purpose of your individual and non-commercial use

5.5. Restrictions

Unless and otherwise permitted by Mobilint in writing, and unless and otherwise permissible under the Applicable Laws, you will not perform or attempt to perform any of the following tasks:

i. Remove or alter any copyright, trademark, script or other proprietary notices

ii. Distribute, license, lease, sell, resell, transfer or otherwise exploit Fair Fare Services in any manner

iii. Reproduce, modify, alter, amend, decompile, reverse engineer or disassemble Fair Fare Services in any manner

iv. Link to, mirror or frame any of the Fair Fare Services, or any portion thereof, in any manner

v. Gain unauthorized or illegal access to Fair Fare Services

6. Use of Fair Fare Services

6.1. User Account

In order to use Fair Fare Services, you are required to register for and maintain an active individual Fair Fare User Account (“User Account”). User Account registration needs you to submit certain personal details, such as your name, mobile number, email id, gender, birth date and profession etc. You agree to maintain accurate, complete and up-to-date information in your User Account. Your failure to do so may result in your inability to effectively access and use Fair Fare Services. You acknowledge that you are responsible for all the activity that occurs under your User Account. You further agree to maintain the security and secrecy of your User Account, in a truly strict manner, at all times.

6.2. Requirements for Use of Fair Fare Services

Fair Fare Services are not available for use by individuals under the age of 18 years or under the age of legal majority in your jurisdiction, if different from 18 years. You may not allow persons under the age of legal majority to receive Fair Fare Services from Third-Party Service Partners unless they are accompanied by you.

You may not assign or otherwise transfer your User Account to any other person or entity.

You agree to use Fair Fare Services only for lawful purposes. You further agree that in your use of Fair Fare Services, you will comply with all the Applicable Laws and you will not cause any nuisance, inconvenience, or property damage to Third-Party Service Partners or any other party.

6.3. User Content

Mobilint may, in its sole discretion, allow you to submit, upload, publish or provide to Mobilint textual, audio, visual content and information, including support requests, reviews and feedback, related to Fair Fare Services (collectively “User Content”). You agree to not provide User Content that is offensive, defamatory, hateful, violent, obscene or unlawful, as determined by Mobilint in its sole discretion.

Any User Content provided by you remains your property. However, by providing such User Content to Mobilint, you grant Mobilint perpetual, irrevocable, transferrable and royalty-free rights to use, modify, distribute, create derivative works from and display such User Content at any time, including in future, in any geographies and in any formats, without any notice to or consent from you, and without any payment to you or any other party. You represent and warrant that you are the sole and exclusive owner of all such User Content or you have all the rights, licenses and consents to grant aforesaid rights with regards to all such User Content.

6.4. Device and Network

You are responsible to acquire and update compatible hardware or devices in order to access and use Fair Fare Services. Mobilint does not guarantee that Fair Fare Services, including any portion thereof, will function on any particular hardware or device.

Your device will need to be enabled for data network access, with a reasonably good speed, for use of Fair Fare Services. You are responsible for obtaining the necessary data network access. If you use Fair Fare Services from a wireless device, data messaging rates and fees, as charged by your network service provider, may become applicable and you will be responsible for such network usage charges. Fair Fare Services may be subject to delays or malfunctions inherent in the use of the Internet and electronic communications.

6.5. Upgrades

Mobilint, from time to time, will strive to improve upon Fair Fare Services, including underlying technology platforms, and will release version upgrades for Fair Fare Services. Mobilint will send notification to you regarding availability of the latest such upgrade at the time of its release. You will be responsible for implementation of such upgrade on your device. Although Mobilint will try to maintain upward version compatibility, it does not guarantee that the prior version(s) of Fair Fare Services may continue to work correctly or efficiently after release of such upgrade.

7. Ride Charges

Charges (“Ride Charges”) towards transportation services, obtained from Third-Party Service Partners through your use of Fair Fare Services, can be broadly grouped into following categories:

• Basic Fare
Basic Fare represents the fare charges that are charged by the Service Partner towards the distance travelled, as per the standard rates offered by the Service Partner and as approved by the Competent Authorities, in the region of jurisdiction.

• Additional Charges
These include charges towards Waiting, Night Charges, Luggage, Toll, Surcharge or any other charges, as per the standard rates offered by the Service Partner and as approved by the Competent Authorities, in the region of jurisdiction.

• Discounts and Offers
These include Discounts and Promotional Offers made available by Mobilint, in association with the Service Partners or Business Partners, and as opted for and availed by you.

• Total Fare
Total Fare represents the total amount payable by you to the Service Partner, towards the transportation services availed, in consideration of the applicable Basic Fare, Additional Charges and Discounts and Offers.

7.1. Estimated Charges

Service Partners can be broadly classified into following categories:

• Post-Paid Fare Basis
This category of Service Partners includes public taxi, autorickshaw and certain fleet or aggregator taxi/autorickshaw operators that charge Basic Fare towards the actual distance travelled during the transportation service and charge such Basic Fare at end of the transportation service. Additional Charges, as described before, and if applicable, may be charged separately.

For this category of Service Partners, Fair Fare calculates and provides estimates for Basic Fare and Additional Charges (except Wait Time Charges), to the extent of reasonable accuracy, and provides such estimates in advance, before commencement of the transportation service.

• Pre-Paid Fare Basis
This category of Service Partners includes public pre-paid taxi, autorickshaw and certain fleet or aggregator taxi/autorickshaw operators that commit and charge Total Fare for the transportation service, based on variety of parameters, such as, but not limited to, estimated distance, peak times etc. These parameters and their usage in deriving Total Fare are specific to the Service Partner and may vary from one Service Partner to another. Normally, no Additional Charges, as described before, are chargeable separately, though certain exceptions may persist as per the terms of individual Service Partner.

For public pre-paid taxi and autorickshaw operators, among this category of Service Partners, Fair Fare calculates and provides estimates for Total Fare, to the extent of reasonable accuracy, and provides such estimates in advance, before commencement of the transportation service. For rest of the operators, among this category of Service Partners, Fair Fare publishes estimates for Total Fare, as provided to it by respective Service Partners.

It may be noted that Fair Fare provides Estimated Charges, for the post-paid fare basis as well as pre-paid fare basis, only to the extent of reasonable accuracy. Mobilint will not be responsible for discrepancies, if any, in such estimates.

7.2. Actual Charges

• Post-Paid Fare Basis
For this category of Service Partners, Fair Fare calculates and provides actual Basic Fare and Additional Charges, to the extent of reasonable accuracy, at end of the transportation service. It also calculates Discounts and Offers, as opted for and availed by you. Fair Fare then calculates and provides Total Fare payable by you to the Service Partner, in consideration of the applicable Basic Fare, Additional Charges and Discounts and Offers.

• Pre-Paid Fare Basis
For this category of Service Partners, actual Total Fare should ideally be same as estimated Total Fare, though certain exceptions may persist as per the terms of individual Service Partner. Fair Fare considers estimated Total Fare, as provided by the Service Partner at the time of service booking, as actual Total Fare and presents the same at end of the transportation service.

It may be noted that Fair Fare provides Actual Charges, for the post-paid fare basis as well as pre-paid fare basis, only to the extent of reasonable accuracy. Mobilint will not be responsible for discrepancies, if any, in such charges.

8. Payment

You acknowledge that your use of Fair Fare Services may result in charges (“Applicable Charges”) to you for the services or goods you receive from a Third-Party Service Partner or Third-Party Business Partner (collectively “Third-Party Provider”). All Applicable Charges are due immediately for payment on your receipt of such services or goods obtained from the Third-Party Provider, through your use of Fair Fare Services. You need to pay the Applicable Charges directly to the Third-Party Provider, as per the payment methods (such as Cash or Credit Card etc.) offered by the Third-Party Provider and as agreed between you and the Third-Party Provider.

You agree that your receipt of the services or goods from the Third-Party Provider against the payment towards Applicable Charges, through your use of Fair Fare Services, is a business transaction between you and the Third-Party Provider and the role of Mobilint, as provider of Fair Fare Services, is limited to that of a facilitator towards such a business transaction between you and the Third-Party Provider. You further agree that it will be your responsibility to ensure that the Applicable Charges, as being charged by the Third-Party Provider, are inclusive of all applicable taxes as per the Applicable Laws.

Mobilint, in association with Service Partners and/or Business Partners, may from time to time provide promotional offers and discounts that may result in different amounts being charged for the same or similar services or goods obtained from the Third-Party Provider, through the use of Fair Fare Services. You agree that such promotional offers and discounts, unless also made available to you, will have no bearing on your use of Fair Fare Services or the Applicable Charges, towards the services or goods received by you from the Third-Party Provider, through your use of Fair Fare Services.

Mobilint, at its sole discretion, reserves the right to establish, revise or remove any additional fees and/or charges (“Facilitation Fees”). Mobilint may charge such Facilitation Fees, along with all applicable taxes as per the Applicable Laws, directly to you and the same will be due immediately for payment.

9. Indemnity

You agree to indemnify and hold Mobilint, including its directors, managers, employees and independent contract employees, harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:

i. Your use of Fair Fare Services

ii. Your receipt of services or goods obtained from Third-Party Providers, through your use of Fair Fare Services

iii. Mobilint’s use of User Content that was made available by you to Mobilint

iv. Your violation of the rights of any third party, including Third-Party Providers

v. Your breach or violation of any of these Terms

vi. Your breach or violation of any Applicable Laws, whether referenced herein explicitly or otherwise

10. Limitation of Liability

The information and contents, including monetary details contained therein (collectively “Fair Fare Contents”), provided to you by Fair Fare Services are for general information purposes only. Though Mobilint will strive to keep Fair Fare Contents reasonably correct and up-to-date, it does not guarantee that such Fair Fare Contents are free from any errors, defects, malware, viruses or are correct and up-to-date.

Mobilint will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including loss of revenue, loss of profits, loss of data, damage, loss, personal injury or property damage, in connection with or otherwise resulting from any use of Fair Fare Services.

Mobilint will not be liable for any damages, liability, losses or monetary losses arising out of:

i. Your inability to access or use Fair Fare Services

ii. Your use of Fair Fare Services

iii. Any transaction between you and Third-Party Providers through your use of Fair fare Services

iv. Any delay or performance deficiency or performance failure on part of Third-Party Providers or for any other reasons beyond Mobilint’s reasonable control

v. Any loss of communication between Mobilint, including communication through Fair Fare Services, and you, on your registered mobile number or email address

You acknowledge that you are responsible for the items of your personal belongings, including luggage. Mobilint will not be responsible for any loss or damage to such items of your personal belongings during your use of services, obtained from Third-Party Providers through your use of Fair Fare Services.

Without limiting the foregoing, to the fullest extent as permitted by the Applicable Laws, in no event will Mobilint’s total liability to you arising out of or in connection with these Terms or Fair Fare Services rendered hereunder, whether in Contract, Tort (including Negligence, Product Liability or any other kind) or otherwise exceed INR 100.00 (Indian Rupees One Hundred Only).

You may use Fair Fare Services to request or schedule transportation services with Third Party Providers. You agree that Mobilint has no responsibility or liability or vicarious liability and/or indirect liability to you related to any such transportation services provided to you by Third-Party Providers, other than as expressly set forth in these Terms.

You acknowledge and agree that the role of Mobilint, as provider of Fair Fare Services, is limited to that of a facilitator towards a business transaction between you and the Third-Party Provider. You further acknowledge and agree that the relationship between you and Mobilint does not liable as a relationship between consumer and trader under the Consumers Protection Act, 1986 and hence, these Terms cannot be invoked under the Consumers Protection Act, 1986.

11. Disclaimer

You acknowledge and agree that Fair Fare is a digital marketplace platform that facilitates transportation services between Commuters and Third-Party Service Partners. You also acknowledge and agree that Mobilint neither provides any transportation services nor function as a transportation carrier and that all such transportation services are provided by independent Third-Party Service Partners. You further acknowledge and agree that the role of Mobilint is limited to that of a facilitator between you and independent Third-Party Service Partners. Mobilint does not endorse, advertise, advise or recommend any Third-Party Service Partner. Mobilint also does not guarantee or provide assurance in respect of the behavior, actions or data of the users, including Commuters, Third-Party Service Partners, Third-Party Business Partners and Third-Party Competent Authorities.

Fair Fare Services are available and offered on “AS IS” basis. Mobilint disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including the implied warranties of merchantability or fitness for a particular purpose. Further, Mobilint makes no representation, warranty, or guarantee regarding the reliability, promptness, timeliness, quality, suitability, safety, ability or availability of services or goods obtained from Third-Party Providers through the use of Fair Fare Services, or that such services or goods obtained from Third-Party Providers will be uninterrupted or error-free. Mobilint also does not guarantee the reliability, promptness, timeliness, quality, suitability, safety, ability or availability of Third-Party Providers. You acknowledge and agree that the entire risk arising out of your use of Fair Fare Services, including any services or goods requested or obtained from Third-Party Providers in connection therewith, remains solely with you, to the maximum extent as permitted by the Applicable Laws.

12. FORCE MAJEURE

Mobilint will not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event such as, including but not limited to, fire, flood, earthquake, riots, strikes, social disruption, pandemic, Act of God or any other event beyond reasonable control of Mobilint. In case of occurrence of such a Force Majeure Event, Mobilint’s obligations under these Terms will remain suspended for so long as the Force Majeure Event continues.

13. Governing Laws

These Terms are subject to the laws of India and to the exclusive jurisdiction of courts in Mumbai, Maharashtra, India. In case of any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Fair Fare Services (collectively “Disputes”), the parties will attempt to settle the same amicably, through negotiation and consultation at such offices of Mobilint as Mobilint may designate. In the event the Disputes are not resolved internally between the parties after at least 60 (Sixty) days of negotiation, in good faith, the same will be subject to binding and final arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996. The reference will be made to a sole arbitrator mutually appointed by the parties. The place of the arbitration will be Mumbai, Maharashtra, India and the language of the arbitration proceedings will be English.

14. Termination

Unless terminated in accordance with this Section 14 - Termination, the agreement between Mobilint and you is perpetual in nature upon downloading the Fair Fare Application(s).

You are entitled to terminate this agreement at all times by deletion of your User Account.

Mobilint, at its sole discretion, is entitled to terminate this agreement with immediate effect at all times, without assigning any reasons or without any prior notice to you, subject to:

i. Your violation or breach of these Terms

ii. Your misuse of Fair Fare Applications, in the opinion of Mobilint

iii. Your misuse of Fair Fare Services, in the opinion of Mobilint

15. Notice

Mobilint may give notice by means of a general notice through notifications on Fair Fare Applications or by email to your registered email address or as a message on your registered mobile number.

For matters related to Fair Fare Services, you may contact Mobilint through electronic mail sent to email address support@fairfareindia.com or in written communication sent by regular mail marked for “ATTN: Fair Fare India” and addressed to Mobilint’s Registered Office at 5, Uday Apartments, Agashe Path, Dadar (West), Mumbai – 400 028, Maharashtra, India.

16. Updates to Terms of Use

Mobilint reserves the right to update the Terms of Use. Mobilint will notify you about changes to the Terms of Use through Fair Fare Applications or any other suitable means of communication. Mobilint recommends you to periodically review the Terms of Use for the latest information on the same. After such notice, use of Fair Fare Services by you will be construed as consent to the Terms of Use in effect, including the latest updates to it, to the extent as permitted by the Applicable Laws.