In using the services offered by Kammute you are deemed to have read and agreed to the following terms and conditions. The following terminology applies to these Terms and Conditions, Privacy Statement and Cancellation Policy and any or all Agreements.
The term 'Kammute' or 'us' or 'we' refers to the owner, whose registered office is Midas Touch, of the online platform offering transportation solutions in partnership with local vendor(s). When you download and use the online platform supplied by Kammute, the online platform will be referred to as the "Application" hereinafter. All services provided to you by means of your use of the Application are hereafter referred to as the "Service".
"you", "your", "yours" and "Subscriber" are references to you, the person accessing this website and/or mobile application.
These Terms and Conditions, referred to as "Terms", govern the access or use by you, an individual, from within any country in the world, when you browse the website and/or you download the Application and/or use our service. Kammute shall be entitled to add to, vary or amend any or all these Terms at any time and the Subscriber shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these Terms at Kammute's website at www.kammute.com or the Application on the date that Kammute may indicate that such addition, variation or amendment is to come into effect.
2.1. The contract is between Kammute and you when you browse the website and/or download and use the Application.
2.2. In order to use the Application, you must register for and maintain an active Services account which will be referred to as an "Account". To obtain an Account, you confirm that you have attained 18 years of age. Account registration requires you to submit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method to Kammute.
2.3. You agree to operate the Account as per the Terms. The Account must contain accurate, complete, and up-to-date information. Failure to comply may result in your inability to access and use the Services or termination of these Terms with you.
2.4. All activities that occur under your Account are deemed as your activity. You agree to maintain the security and secrecy of your Account username and password at all times. You may possess only one Account, unless otherwise permitted by Kammute.
2.5 You will be provided with a unique corporate code, to identify your organization. Unique Code cannot be, and must not be shared with parties that do not fulfill the corporate partner requirements. Misuse of this code, will result in immediate termination of your account as stated herein.
3.1. Kammute is a technology based service which enables you to be a passenger on a registered motor vehicle for point to point transportation, or for time and usage based service within city limits of Mumbai.
4.1. When you register with Kammute, you become the subscriber of the Services aggregated by Kammute.
4.2. To book a seat on a particular route, you will need to book through the Application.
4.3. By virtue of these Terms, you hereby authorize Kammute to use the location based information provided by GPS and any of the telecommunication companies when the Application is used to make a motor vehicle booking. The location based information will be used only to facilitate and improve the probability of locating a motor vehicle as well as a seat for you.
4.4. Kammute shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Subscriber in the possession of the Application in any way as Kammute, in its absolute discretion, deems fit or if it considers it in its interests to do so.
4.5. As a Subscriber to their Services, Kammute has the right to use your contact information for its own marketing purposes. Kammute may send regular message updates to registered mobile numbers updating you on their discount coupons, promotions and other relevant information, as deemed appropriate by Kammute.
4.6. When using the Application, you, as a Subscriber, are aware that Kammute does not own or operate any bus services on its own. Kammute does not directly or indirectly employ any drivers for the motor vehicle. Kammute cannot be held responsible for the behavior of the driver or any other employer or agent of third parties. Motor vehicles and drivers are all supplied by vendor(s) and Kammute disclaims any and all liability in respect of the drivers and the motor vehicles alike. Kammute does not advice any specific bus operator to you. The choice of the bus operator is purely the discretion of the Subscriber
4.7. In case the Subscriber is booking seats for multiple passengers, these Terms apply to each of such passengers also.
4.8. To cancel any or all seat(s), the Cancellation Policy will apply.
4.9. Please Note: Seats booking for this shuttle service is not reserved. Seating based on first come, serve basis.
5.1. You agree and accept that the use of the Services provided by Kammute is at your risk and further acknowledge that Kammute disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
5.2. You shall ensure that you strictly adhere to the following conditions when utilizing Kammute's Services:
5.3. Without prejudice to the above, Kammute makes no representation or warranty that:
5.4. Kammute shall be entitled at any time without giving any reason to terminate the booking of seats done by the Subscriber.
5.5. Kammute services do not work on the following mentioned dates for the year 2020:
|Wednesday||01 January 2020||New Year|
|Friday||21 February 2020||MahaShivratri|
|Tuesday||10 March 2020||Holi|
|Wednesday||25 March 2020||GudiPadwa|
|Friday||10 April 2020||Good Friday|
|Friday||1 May 2020||Maharashtra Day|
|Monday||25 May 2020||Id-ul-Fitr|
|Friday||31 July 2020||Bakrid|
|Saturday||15 August 2020||Independence Day|
|Saturday||22 August 2020||Ganesh Festival|
|Friday||02 October 2020||Gandhi Jayanthi|
|Sunday||25 October 2020||Dussehra|
|Friday||13 November 2020||Diwali|
|Saturday||14 November 2020||Diwali|
|Sunday||15 November 2020||Diwali|
|Friday||25 December 2020||Christmas|
6.1. As a Subscriber, you agree that any amounts charged for a ride (hereby referred to as a "Charge") are mandatory and due and payable immediately before the commencement of the ride.
6.2. Kammute has the authority and reserves the right to determine and modify pricing by posting applicable Charges on the website and/or Application. You are responsible for reviewing the applicable Charges and shall be responsible for all Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
6.3. As a Subscriber, you have the option to utilize the wallet feature to make cashless payments. The maximum amount of credit (balance) per wallet is limited to INR 50,000 (Rupees Fifty Thousand only) as per Reserve Bank of India regulations.
6.4. Tickets once booked with Kammute for any route, amount will not be refunded. Unless under circumstance or fault proven by Kammute, service provider.
6.5. In case of non-completion of ride(s), the amount debited from the wallet will be refunded back to the wallet or to the payment instrument utilized by you. However, in case of cancellation of your Kammute Account, the balance remaining in the wallet cannot be redeemed for cash payment. Any amount in the wallet is non-redeemable at all times.
7.1. Kammute reserves the right to collect your data including name, contact information and other details to facilitate Services. All information collected from you are on a bonafide basis.
7.2. Misrepresentation of identity or contact details by you will lead to automated termination of Services without prior notice to you.
7.3. Your accounts bearing contact number and email IDs are created and owned by Kammute.
7.4. In case where the system is unable to establish unique identity of the you against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Kammute reserves the full discretion to suspend your account in the above event and does not have the liability to share any account information whatsoever.
7.5 Kammute, at its sole discretion, may make available offers and promotions with different features to you.
8.1. If the Subscriber has misplaced or lost any personal property in the motor vehicle, Kammute will try to locate the items on a "best-effort" basis but is not responsible in any manner for the same in case of loss or damage to the same. Such personal property is the sole responsibility of the Subscriber.
9.1. Kammute shall not be responsible for the conduct of the drivers of the motor vehicle or the standard of the motor vehicle registered on the Application. However, the Company encourages you to notify in writing within 24 hours of any dissatisfaction or complaints that you may have regarding the Services in order to enable Kammute to improve.
10.1. You may not create a link to any page of this website without Kammute's prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
10.2 Please email us at email@example.com for more details on Linking a website for any purpose. Or call us on 8792050602, Monday to Friday , 9am-9pm
11.1. Kammute may allow you access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. Kammute does not monitor or review the content of other party's websites which are linked to from this website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites.
11.2. Kammute believes that you acknowledge that Kammute has no control over such third party's site, does not monitor such sites, and Kammute shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site. Kammute will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
12.1. Kammute may use Subscriber's IP addresses to analyze trends, administer the site, track use's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, Kammute's web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Kammute on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
13.1. These Terms apply to all Kammute Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by you. In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
14.1. Kammute may change, modify, amend, or update these Terms from time to time without any prior notification to you and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the Service. Your continuous use of the Services will signify your acceptance of the changed terms.
15.1. Kammute is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Kammute, its affiliates or licensor's of Kammute content, as the case may be.
15.2. All rights, not otherwise claimed under these Terms or by www.goKammute.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Kammute does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
15.3. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Subscriber. In no event shall Kammute be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. You hereby acknowledge that any reliance upon any content shall be at their sole risk.
15.4. Kammute reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website. All related icons and logos are registered trademarks or trademarks or service marks of Kammute in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
16.1. All content on this web site is the copyright of Kammute except the third party content and link to third party web site on our website.
16.2. Systematic retrieval of Kammute content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Kammute is prohibited.
16.3. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Kammute's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. Kammute reserves the right to terminate the account of Yours upon any infringement of the rights of others in conjunction with use of the Kammute service, or if Kammute believes what You are conducting is harmful to the interests of Kammute, its affiliates, or other Subscribers, or for any other reason in Kammute's sole discretion, with or without cause.
17.1. The Subscriber shall indemnify Kammute from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Kammute may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Subscriber and shall pay such sums on demand.
18.1. The information contained in this website is for general information purposes only. The information is provided by Kammute and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
18.2. In no event will Kammute be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
18.3. Through this website you are able to link to other websites which are not under the control of Kammute. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
18.4. Every effort is made to keep the website up and running smoothly. However, Kammute takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
19.1. Kammute shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Subscriber arising out of the use of the motor vehicle service offered by Kammute or due to the failure of Kammute to provide Services to the Subscriber for any reason whatsoever including but not limited to the Subscriber's non-compliance with the Service's instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Kammute or any person or any organization involved in the above mentioned systems.
19.2. Kammute will not be liable for any damages of any kind arising from the use of the Service offered by the Kammute, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
19.3. Kammute will exclude all liability for damages arising out of or in connection with Your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Kammute of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
20.1) Governing Law and Jurisdiction
20.1.1. These Terms and related Agreements (unless otherwise specified) shall be governed by and construed in accordance with the laws of India. The Parties agree to submit to the exclusive jurisdiction of the Courts located in Mumbai, India as regards any claims or matters arising under or in relation to these Terms.
20. 2) Arbitration
20.2.5 The arbitration award shall be final and binding on the Parties, and the Parties agree to be bound thereby and to act accordingly. The cost of arbitration shall be borne in the manner and by the Party as determined by the sole arbitrator.
20.2.6. Notwithstanding any provision to the contrary in these Terms, a Party may apply to any court of competent jurisdiction to seek protective orders, including injunctions and interim relief against any other Party.
20.2.7 In the event more than 1 (one) arbitration proceedings have been commenced between a Claimant and other Parties and if the Claimant and other Parties agree that there are common causes of action arising out of the Disputes, the Claimant and the other Parties to the arbitration proceedings shall request the sole arbitrator to consider having a consolidated arbitration proceeding to resolve the Dispute. The sole arbitrator appointed by the Claimant and other Parties shall decide on the procedure to be adhered to for constituting such consolidated arbitration proceeding.
21.1. Unless approved by Kammute, the User will not be allowed to advertise or promote any services or products in any manner while using the Services provided by Kammute.
21.2. Misrepresentation of the Kammute brand is completely prohibited. Proper permissions will be needed before using the name Kammute or promoting its services.
22.1. Unless otherwise provided herein, all legal notices or other communications under or in connection with these Terms shall be given in writing and may be sent by personal delivery or post or courier or facsimile. Any such notice or other communication will be deemed to be effective, if sent by post or courier, when received by the Party to whom it is addressed and if through facsimile, on receipt of a confirmation to the correct facsimile number.The address referred to herein above is: Midas Touch
23.1. Most content and some of the features on the web site are made available to visitors free of charge. However, Kammute reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Kammute also reserves the universal right to deny access to particular you to any/all of its Services without any prior notice/explanation in order to protect the interests of Kammute and/or other visitors to the web site. Kammute reserves the right to limit, deny or create different access to the web site and its features with respect to different you, or to change any of the features or introduce new features without prior notice.