Terms and Agreement for Clap Customer App

Effective Date: 18 May 2023

This User Terms and Agreement is a legally binding contract between you ("User" or "you") and EDBROOK Pvt. Ltd. ("Clap" or "we" or "us"), governing your use of the Clap platform, which includes our website, mobile application, and services provided by Edbrook/Clap. By clicking the "I Accept" button or by continuing to use the application, Clap, you acknowledge that you have read, understood, and agree to comply with these terms.

1. App Purpose and Functionality:

1. Clap is a digital application that allows aggregators and service providers such as drivers, cab owners etc. to offer transportation services and other services to consumers.

2. The App serves as a tool for searching service providers who are rated by other consumers based on their personal experiences.

3. Clap provides no assurance regarding the quality of service offered by the service providers or aggregators on the App.

4. Consumers are advised to exercise caution when accepting services from providers or aggregators on the App.

5. The App uses an algorithm to help you find the nearest service provider that meets certain criteria based on ratings by other consumers. This algorithm does not guarantee finding the right provider or aggregator for your specific expectations.

6. Clap will not be responsible for the quality of service offered by the providers or aggregators on the App.

7. Clap acts only as a digital platform provider connecting Users with Drivers. We do not provide transportation services ourselves and are not responsible for the actions, conduct, or performance of Drivers/Service Providers.

2. Registration of your Account

1. To avail the services on the Clap platform, you must sign up and register by providing accurate and complete Registration Data.

2. We reserve the right to suspend or terminate your account if the Registration Data provided by you is incorrect or false, or if the security of your account has been compromised.

3. Except for the Permitted Information, you agree that any information or materials you provide to Clap will not be considered confidential or proprietary.

3. Service

1. The Clap platform allows you to avail transportation or driver services provided by the Regional Aggregator and their Service Providers.

2. You can send a service request through Clap to a Driver on the platform. The Driver has the discretion to accept or reject each request based on their availability and other factors. If a Driver accepts your request, you will be notified, and the Driver's information, including their name, photo, and vehicle details, will be provided to you.

3. Once a Driver accepts your request, you will be able to track their location and estimated time of arrival through the Clap platform.

4. You acknowledge that the availability and quality of services may vary depending on various factors, including demand, traffic conditions, and the Driver's performance. Clap does not guarantee the availability of any services at all times.

5. You are responsible for your behaviour during the ride and must adhere to any applicable laws, regulations, or codes of conduct. Any damage caused to the Driver's vehicle or violation of the terms may result in additional charges and suspension of your account.

4. Responsibility of Service Providers and Aggregators:

1. The aggregators and service providers on the App are exclusively accountable for offering responsible services to consumers.

2. Consumer complaints, if any, should be addressed to the specific aggregator who served the impacted consumer.

5. Contracts and Disputes:

1. Each service accepted by a consumer through the App constitutes a contract between the consumer and the respective service provider/aggregator.

2. Clear fee considerations will be outlined for each specific service requested by the consumer. You agree to pay the specified fare for the service as displayed on the Clap platform at the time of booking, unless there are additional charges due to changes in the route, waiting time, or other factors specified by your Regional Aggregator or service provider.

3. Failure to fulfill the contract by either party may result in arbitration or legal action.

6. Role of Clap:

1. Clap is a software application that facilitates business transactions and should be viewed as such

2. Clap may display the cancellation fee that you are liable to pay if you cancel a confirmed booking after a certain period, as specified in the cancellation policy of your Regional Aggregator / Service Provider.

3. Clap does not guarantee finding the right provider or aggregator as it only provides a platform, not the actual business.

4. Clap will not be responsible for resolving any disputes between consumers and service providers/aggregators. Consumer complaints, if any, should be addressed directly to the aggregator or service provider responsible for providing the service.

5. Clap will not be responsible for any lapses on the part of consumers, and any complaints or grievance of service providers or aggregators regarding consumer behaviour shall be addressed directly with the consumer by the respective service provider or aggregator.

6. Clap reserves the right to block and remove users who violate fair human conduct or engage in assault or any illegal activity while using the App.

7. Legal Liability and Disclaimer

1. Clap does not guarantee financial compensation for any losses incurred by consumers due to negligence, malicious acts, or poor service offered by providers or aggregators on the App.

2. Clap acts only as a digital platform connecting Users with Regional Aggregators, Service Providers and Drivers. We do not provide transportation services ourselves and are not responsible for the actions, conduct, or performance of Service Providers / Drivers.

3. Clap is not liable for any loss, damage, or injury incurred during the transportation service. Any claims or disputes arising between Users and Service Providers / Drivers must be resolved directly between the parties involved.

8. Indemnification

1. By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold Clap / Edbrook and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

1. Your use or misuse of the Application or Service

2. Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein

3. Your violation of any rights of any third party.

9. Privacy

1. Clap collects and processes personal data in accordance with its Privacy Policy, which can be found on the Clap website and mobile application.

2. By using the Clap platform, you consent to the collection, processing, and use of your personal data as described in the Privacy Policy.

10. General Provisions

1. These Terms along with the Privacy Policy constitute the entire agreement between you and Clap regarding the use of the Clap platform and supersede any prior agreements or understandings.

2. Clap may assign or transfer its rights and obligations under these Terms to another party without your consent. However, you may not assign or transfer your rights and obligations under these Terms without Clap's prior written consent.

3. These Terms are governed by and construed in accordance with the laws of the jurisdiction where Clap is based. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

4. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

By using the Clap Customer App, you acknowledge and agree to the above Terms and Conditions. Clap reserves the right to update or modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for any changes. Continued use of the App after any modifications signifies your acceptance of the revised Terms.

If you have any questions or concerns regarding these Terms, please contact Clap Customer Support.