These Terms & Conditions, as may be amended from time to time, apply to the use of our Swan Cab Services. Any use after amendment constitutes acceptance of the new terms.
For the purposes of this Agreement, the following terms shall have the following meaning:
“Account” means the account that each driver must apply for to use the Swan Cabs App and the Platform to access information and documents regarding the use of the Swan Cabs Services.
“Agreement” means any agreement between the Driver and the Company regarding the use of Swan Cabs Services consisting of these Terms & Conditions and any other additional terms and conditions or documents referred to herein or agreed in the future between Driver and the Company.
“Company” means Swan Travels., a ptopritership liability company, registered in Kurukshetra (Company Registration Number PSA/REG/KKR/L1-KKR-2/0149548), whose registered office is situated at 90, The Strands, Sliema.
“Company Fee” means the fee that Driver is obliged to pay to the Company for using the Platform and any VAT and/or any other applicable tax due.
“Driver”, “you”, “your” or “yours” mean the driver who has completed the registration for drivers and is accepted by us to participate as a Driver.
“Payment Method” means cards, carrier billing and other payment methods used by the Passenger using the sWAN Cabs App to pay for the Transport Services.
“Swan Cabs Services” means the services that the Company provides, including provision and maintenance of Swan Cabs App, the Platform, Payment Method, customer support, communication between the Driver and the Passenger and other similar services.
“MedAsia Cabs App” means the smartphone and/or any portable device and/or any web application for Drivers and Passengers to request and receive Transport Services.
“Passenger(s)” means the customer using or booking a Transport Service through our Swan Cabs App.
“Passenger Fee(s)” means the fee a Passenger is obliged to pay Driver for provision of the Transport Services which shall be inclusive of TAx if applicable and/or any other applicable tax due as determined by us from time to time.
“Platform” means the technology connecting Passengers with Drivers to assist them to travel between locations of their choice.
“Transport Service(s)” means the transport service rendered by Drivers to Passengers.
“Us”, “we” or “our” mean the Company.
“User(s)” means any user of the Swan Cabs App.
- SCOPE OF OUR SERVICE
Through our Platform, Drivers have the opportunity to receive transport orders and the option to be contracted by potential passengers looking for a transport service.
For this purpose, your identification details will be transmitted to the Passengers every time the Passenger searches for a Transport Service through Swan Cabs App. Passenger will be provided with your first name and surname, telephone number, image photo, your vehicle registration number, type and specifications of vehicle, location, and performance rating. As soon as you start the Swan Cabs App and set yourself as available, your location can be identified by all Passengers and other users. The respective geo-location of the Passenger will be specified after the Passenger hails you through the Swan Cabs App.
We do not provide transportation services but act solely as a channel of communication between you and the Passenger. From the point at which you accept to transport a Passenger, you enter into a direct contractual relationship with the Passenger that has booked you. It is up to you to offer Transport Services which may be scheduled through use of the Swan Cabs App and to comply with all applicable legislation, including compulsory insurance legislation and passenger safety. We have no responsibility or liability whatsoever for any claims, suits, losses, damages, expenses, consequential loss or otherwise, arising out of or in connection with or in respect of any death or injury to any person whatsoever, and in respect of any loss or damage to any property whatsoever, which may arise in relation to a Transport Service. Consequently you, and not us, are responsible and liable for any such claims, suits, losses, damages, expenses, consequential loss or otherwise, arising out of or in connection with or in respect of any death or injury to any person whatsoever, and in respect of any loss or damage to any property whatsoever, which may arise in relation to a Transport Service. Neither are we responsible or liable for damages you may incur while providing a Transport Service.
The information that we disclose is based on the information provided to us by the Users. As such, the Users are fully responsible for informing us with their updated information and indicate directly by themselves their availability, which is displayed on our Swan Cabs App. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors, any interruptions howsoever due including breakdown, repair, upgrade or maintenance of our Swan Cabs App or otherwise, inaccurate, misleading or untrue information or non-delivery of information. Each User remains responsible at all times for the accuracy, completeness and correctness of the information displayed on our Swan Cabs App.
- ENTRY INTO THE AGREEMENT
In order to make use of the Swan Cabs Services, you must sign up by providing the requested information and uploading necessary documentation as required by us. Upon successful completion of the signup application, we will provide you with a personal Account that you may access through a username and password.
By signing up, you represent, warrant and agree as follows –
• you are legally entitled to enter into this Agreement with us to use the Platform and for providing the Transport Services;
• you have agreed to be bound by these Terms & Conditions including all obligations arising from the provision of the Transport Services and this Agreement;
• you have provided true, accurate, complete and updated information about you;
• you will keep your Account accurate and profile information updated at all times; if any information provided by you is not in accordance with these provisions, we have the right to refuse your registration and suspend or terminate immediately without notice the registration of your Account and refuse any and every use, present or future, of the Swan Cabs Services that require registration. We will incur no liability for any such refusal, suspension or cancellation of your registration.
• you will not authorize other persons to use your Account nor transfer or assign it to any other person;
• you will not use the Transport Services for unauthorized or unlawful purposes or in any way that interrupts, damages, impairs or renders us less efficient;
• you will accept orders for Transport Services only insofar as permissible in accordance with the applicable provisions;
• you will only use the Swan Cabs App if in possession of all the approvals and licences necessary for transportation services and comply with and fulfill all statutory requirements governing transportation services;
• you will furnish evidence of such prerequisites at any time a User or the Company may request you to;
• you will comply with all applicable laws and regulations including those relating to this Agreement in any manner whatsoever;
• you will not process or disclose to third parties, any personal data of other Users that is transferred or otherwise made known to you unless if consent is obtained of such other User and according to applicable legislation;
• you will treat Passengers introduced to you through us with respect and not to cause any inconvenience and damage to them;
• you will compensate and indemnify us fully against claims or legal proceedings against us by any other person as a result of your breach of this Agreement;
• you will not use the Swan Cabs Service to cause nuisance, annoyance or inconvenience;
• by accessing and using the Swan Cabs Services via mobile devices, or by using certain mobile features, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees;
• you will update the status of your vehicle in the activated application at all times, so that potential Passengers can always identify the current status of your vehicle;
• since you can be identified via the activated application by nearby participating potential Passengers, you may only accept available transport orders, provided that the application is activated and your vehicle is available and free;
• to immediately respond to contact made by the Passenger, informing him of your option to provide the services or not, at a time that will never exceed thirty (30) seconds. If this time passes and you do not answer it is the equal of rejecting the Passengers contact and you have no means of contacting the Passenger yourself;
• to assume all expenses, costs, fees, taxes and contributions for maintenance and operation of the vehicle used by you, including fuel costs, cleaning tools, equipment, automobile taxes, inspections, repairs, reviews, among others;
• you are to maintain and operate the technical equipment and operational procedures to access the Swan Cabs Services, such as mobile phone mode or portable device that is compatible with the software, Internet connection, packet data, GPS, among others; and
• any fines, penalties, administrative or judicial proceedings incurred by you as a result of the exercise of your activity or the provision of Transport Services are your sole responsibility.
Payment to you of any amounts due to you in terms of these Terms and Conditions will be effected as indicated in the signup application. We will incur no liability whatsoever for any incorrect money transactions in case you have provided wrong details.
- RANKING AND PASSENGER REVIEWS
In order to guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the Passengers may provide you a performance rating and leave feedback regarding the quality of the Transport Services that you have provided. Your average performance rating will be linked to your Account and will be available to Passengers at Swan Cabs App.
We may reverse the suspension of your Account on a case by case basis.
- You further hereby acknowledge and agree that you are not our employee and that there is no employment relationship between you and us. There is neither a joint venture or a partnership between you and us. In this respect, you may not act as an employee, agent or our representative nor bind us in any manner whatsoever.
- DISCLAIMER AND LIABILITY
To the maximum extent permitted by law, you agree that the Company, its shareholders, officers, directors, employees, representatives, or others are not liable for:
i. any and all claims, costs, damages, losses, liabilities and expenses that you may incur as a result of using the Swan Cabs Services including but not limited to any direct, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim and any other type of loss or damage,
ii. any inaccuracy relating to the information (including personal data, comments, and performance ratings) of the Users as made available on our Swan Cabs Services,
iii. the services rendered by you,
iv. any direct, indirect or consequential damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay or virus of our Swan Cabs Services and/or the server that the Swan Cabs Services are hosted,
v. for any personal injury, death, property damage, or other direct, indirect, special or consequential damages, losses or costs suffered, incurred or paid by you, whether due to acts, errors, breaches, negligence, misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or wholly or partly attributable to the User and/or its employees, directors, officers, agents or representatives, including any cancellation partial or otherwise, double-booking, strike, force majeure or any other event beyond our control, unless through willful misconduct or gross negligence,
vi. any information on the Swan Cabs Services sometimes linked to external sites over which our services have no control and for which we assume no responsibility,
vii. any user violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein.
We are not liable for the actions or non-actions of the Passenger or co-passengers and are not liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the Passenger or co-passengers.
In the event that a Passenger presents any claims against us in connection with your provision of Transport Services, then you are to compensate such damage, costs and expenses to us in full within seven (7) days from date of written request by us together with legal costs.
In addition to the right to terminate this Agreement as elsewhere provided in this Agreement, we may, in our sole discretion, suspend or terminate, temporarily or permanently, the Account of a User at any time:
i. if you violate any of the representations, warranties and obligations contained in this Agreement or any policies and rules,
ii. if you act or practise fraudulently or have caused or may cause damage to third parties,
iii. if you are no longer authorised to provide transportation services,
iv. if you fail to comply with your obligation to pay the charges promptly, or fail to carry a Passenger after accepting an order,
v. by giving you one week’s notice, either through the Swan Cabs App or by email, in our sole discretion and without the need to give you a reason.
The above shall be without prejudice to our right to take appropriate legal action.
We will incur no liability for damages or compensation for the termination, cancellation or suspension of your Account.
You are to immediately notify us of any changes to the information provided.
- FINAL PROVISIONS
This Agreement shall be governed by and construed in all respects in accordance with the laws of Kurukshetra. Any dispute concerning the interpretation, breach or enforcement of this Agreement shall be subject to the exclusive jurisdiction of the Kurukshetra Courts.
If any provision of this Agreement is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.